Annulments
Does the breaking of marriage vows constitute grounds for pursuing an annulment in the Church?
Is getting an
annulment about the same as getting a divorce, but only that it is done by
a Catholic court?
No. You are very mistaken. There is a world of difference between these two matters. Please talk to your parish priest about this. A declaration of nullity is a judicial act by a Church court to the effect that some obstacle prevented a marriage from being valid at the time the wedding occurred. Not everyone who seeks an annulment will get one. Often a marriage is found to be perfectly valid by a Church court. An annulment is saying that there was not a marriage to begin with. A divorce, on the other hand, is an action by a civil government or authority that pretends to end a marriage by civil legal action.
Reprinted June 20, 1997
Does it cost a lot of money to obtain an annulment for a marriage? Also, how
long does it take to get one?
The investigation and trial in a diocesan tribunal for a person maintaining that his or her marriage was invalid, if the appeal process is included, can cost a diocese many thousands of dollars in expenses. A person presenting a case in the Diocese of Lincoln is asked to contribute $100 toward the cost if possible. The inability or refusal to do so, however, does not prevent the case from going forward in the usual way and being treated in the same way as any other case. The judges do not take into account whether the $100 fee has been paid and usually do not even know about it. Annulments never depend on money. A verdict in an annulment case that goes to trial can take anywhere from a year and a half to an indefinite future. Much depends on the availability of evidence, witnesses and other factors. Remember that the verdict may not simply be positive (the marriage has been null) but sometimes could be negative (the marriage was and therefore is valid). If a diocesan tribunal declares that a marriage was invalid, an appeal is required by the Defender of the Bond. The court of appeal for the Diocese of Lincoln is the Archdiocese of Omaha. Some cases, like those that are null for lack of Catholic form, do not require a trial and usually take a shorter time.
Reprinted from March 7, 1997
I am afraid to seek an annulment for my marriage in a Church tribunal. Will
my children be considered illegitimate if it is granted?
Declarations of nullity concerning a marriage in a Catholic Church tribunal
do not affect in any way the legitimacy of the children. Catholics who suspect
that their marriage may be null and invalid should consult their parish priest
who, in turn, will put them in contact with the diocesan tribunal staff in
order to examine the issue.
Reprinted from January 24, 1997
If a Catholic couple obtains a declaration of nullity from the Church, does
that mean that their children are declared illegitimate?
No, the category of illegitimacy in such matters is not in Church Law. The
children are not considered illegitimate.
Reprinted from July 16, 1999
Why does it sometimes take so long for a marriage to be annulled in the Church?
Strictly speaking, it is more accurate to use the term "declaration of nullity." The Church does not make something previously valid to be null, but rather investigates carefully whether some obstacle prevented a marriage from being valid in God's eyes (and the Church's eyes) from its beginning. Sometimes this can be ascertained rather easily and quickly, but sometimes it involves a tribunal process, with gathering of evidence, testimony of witnesses, accumulation of documents, etc. This usually could take a minimum of a year and a half and sometimes much longer. Often at the end of such a process, the Church delivers a verdict that the marriage is valid after all. Decisions about marriage cases can go either way. Even in cases where a Church tribunal declares a marriage was invalid, by Church Law the matter still has to be appealed to another tribunal in another place by the Defender of the Bond before it can be considered final. The whole process is weighted in favor of the validity of a marriage. For more information about these matters, consult your parish priest. He can help you obtain assistance, if necessary, from the diocesan tribunal.
Reprinted from July 16, 1999
Does the breaking of marriage vows constitute grounds for pursuing an annulment
in the Church?
Using the expression "annulment" might cause confusion. The better expression is "declaration of nullity." The Church strictly speaking does not "make null" or declare in valid something that previously had been valid, but rather examines and then declares that some marriages never were valid in God's eyes from their beginning and thus in the Church's view they are null. Violations of marriage vows, while reprehensible and evil, do not in themselves constitute grounds for a declaration of nullity. In some cases, however, they might be a symptom of something else. All these things should be talked over with your parish priest, and he can inform you if you might have any grounds to pursue a case in the diocesan tribunal. He is always to be your main source of contact with the tribunal.
Reprinted May 7, 1999