FROM the OFFICE of the CHANCELLOR REV. BENEDETTO J.J. PARIS ANNULMENTS--CONCERNS and QUESTIONS--PART I: Because of the Many Ques

FROM THE OFFICE OF THE CHANCELLOR REV. BENEDETTO J.J. PARIS

ANNULMENTS--CONCERNS AND QUESTIONS--PART I:

Because of the many questions and concerns that have been raised concerning the annulment process, I would like to use my column to occasionally address some of these issues and hopefully clear up any misunderstandings that some may have about this very important ministry in the Church. Many of the priests have addressed me with their inquiries about the annulment process. For example, one of the questions is: Why does the process take so long? One of the reasons is that we need much information to process and annulment. For example, on the Annulment Application, it states that the tribunal needs certified or notarized civil copies of every marriage license and divorce decree as well as a baptismal certificate for the Catholic parties only. Sometimes, we receive an incomplete application, and of course, we have to send a letter to the Petitioner (the one who applies for the annulment) informing him or her that they have not sent enough information for us to begin looking at the case. If you are working with a person who is in need of or desires and annulment, please insure that these documents are a part of the application. It states on the opening page of the application that these materials must be sent all together at once and then it implores the Petitioner to not send an “incomplete case.” If it is possible, the Petitioner must also send a fee of $200. What this is used for is to offset some of the expenses that are incurred in processing the annulment. At the end of the first page of the annulment application, it states: “Please remember us in your prayers as we strive to aid you and the many people who request services.” I pray for those who apply for annulments as well. It is not an easy thing to do, but we are here to assist. Yet, we need the help of the Petitioner as well so that the process may begin and end successfully. Next month, we will continue our look at the annulment application.

ANNULMENTS--CONCERNS AND QUESTIONS—PART II:

Last month, we looked at the initial page of the annulment application. In this issue, we will look at the next two pages. On this page (which is un-numbered, but could be page 3), the petitioner (the party that is applying for the annulment) is asked to provide certain information to the marriage tribunal. It is pretty self- explanatory. This material is used for the tribunal’s information page that is attached to every case. Note that it states: “If Catholic, include baptismal certificate.” This is very important. Please ensure that a baptismal certificate is included for the Catholic parties. For people of other faiths, if they were baptized, then this information can be entered in the appropriate area.

Next, the application asks for information on the marriage that is to be investigated. It also asks for the petitioner to: “Include Civil, Certified Copies of Marriage Licenses.” On one line, it asks if this was the first marriage for both parties. If this was not the first marriage, we need to have a listing of all the marriages of the parties. If there is not enough space on the annulment application, then attach a separate sheet, but please note it must be complete. Finally, this page asks for information on the divorce and asks that the Petitioner “Include Civil, Certified Copies of Divorce Decrees.” The annulment cannot proceed without a judgment of divorce.

On the next page, it states: “Include Civil, Certified Copy of All Marriages.” This again is the Marriage License that is needed. If the Petitioner’s present spouse has been married, we need that information as well. As we look to the middle part of the annulment application, it asks: “Do you plan to remarry?” This is obviously for the Petitioner. It is almost the same type of question as the one at the top of the page in that it asks about the potential future spouse’s marital history.

The next part of the application asks the Petitioner to list children born from the marriage. The key questions are these: “Who received custody of any minor children at the divorce?” and “Are all civil duties of child care/support being fully met?” Finally, we would like a listing of any and all counselors, psychologists, or psychiatrists that were consulted. After all, divorce and annulment should be an ultimate last resort. However, sometimes the divorce comes from a necessity and this could be due to a psycho-social problem. The judge in the case may need to know if this possibility existed; hence the need to list any of the previously mentioned professionals in this area. The final question about hospitalization is very important as well, especially if were for reasons that may have contributed to the divorce of the parties (alcohol or drug abuse, for example).

Please keep in mind that these pages are quite important because they do give the judge an insight into the marriage that is under study and also sets the tone for what is to follow. That is why it is imperative to complete these sections as accurately (and honestly) as possible. Next month, we will take a look at the next part of the annulment application: the narratives. These are very essential and so we will look at them in depth one section at a time.

ANNULMENTS--CONCERNS AND QUESTIONS—PART III:

In the September issue of The Communicator, we had looked at the information part of the annulment application. This month, we will begin our study of the narratives sections. Please note that at the beginning of this section, it states: “The following questions must be answered carefully and in detail as best as you are able to remember. Failure to do so could result in serious delay in processing your case. Read over all the questions and reflect (emphasis mine) on them before you begin to write your answers. Please notice the emphasis on the word reflect. Many times, the answers are probably given without much thought, and this results in information that is somewhat confusing to the judge. Try to assist the petitioner as much as possible in providing relevant information to the court.

Section A is self explanatory. What we are seeking is a description of the formative years (“growing up years” as it is described in the document). Please have the Petitioner complete this section as much as possible but without giving too much information that could be considered frivolous. In other words, the court would like to have a relatively concise compendium of each of the parties’ lives. Again, if the Petitioner answers the questions sufficiently, then the judge will have information that will assist him in the latter part of the case. Next month we will look at Section B which is a very key element in the annulment process.

ANNULMENTS--CONCERNS AND QUESTIONS—PART IV:

In the last issue of The Communicator, we studied section A of the annulment application. This month, we look at Section B which could be best described as the ‘heart’ of the annulment process for reasons which will become apparent. In Section B, we look at the actual time that the couple had been in a relationship (courtship) with each other. As you notice on your form, you can see that this section is quite important because we in the tribunal are looking for “patterns.”

Notice the information that is requested: how the couple met, their ages at the time of their meeting, the length of the courtship, their common interests, and problems in dating, whether or not there were any break ups, how they decided to marry, et cetera. As you can see, these questions (and the answers that are provided) will be able to give the judge of the case a large picture about the eventual married life of the couple. Usually, when a couple marries under pressure (and this in invariably due to an unplanned pregnancy), the case is quite easy for us in the tribunal because this pregnancy may have been an extenuating circumstance that somewhat ‘forced’ the couple to marry in order to legitimize the birth of the child. Therefore, there was a defect of discretion of judgment on the part of the Petitioner and Respondent if this was the sole reason for the couple to marry.

There are other aspects of the pre-marriage life of the couple that are scrutinized as well. For example, prior to the wedding were the Petitioner and Respondent excited about their upcoming nuptials? Were there any doubts on the part of either of the parties? Was there any opposition to the marriage? I usually advise people that when I choose Canon 1095, °2 as the grounds for the case (the canon states: “The following are incapable of contracting marriage: those who suffer from a grave lack of discretion of judgment [emphasis mine] concerning the essential matrimonial rights and obligations to be mutually given and accepted) it is because one of the parties said in their minds: “I do” but in their hearts it was “I really don’t.” This could certainly be clarified at this point in this section of the annulment process application.

As it was stated, this section is very important in the annulment application. Please encourage the petitioner to complete this section to the best of their ability. The patterns that were mentioned earlier are usually present in the ‘dating’ phase of a relationship, and it is from these patterns that other behaviors manifest themselves and make it apparent that the subsequent marriage will probably be declared null.

Next month, we will look at section C of the annulment application.

ANNULMENTS--CONCERNS AND QUESTIONS—PART V:

Our last installment of this series focused on section B of the annulment application. While it is the ‘heart’ of the application that usually leads to an affirmative decision for nullity (i.e.: forced marriage, marriage due to pregnancy, etc…), this month we focus on section C which is just as important. As you can see from this part of the form, in the tribunal we are trying to determine why this marriage had ended. It states in the form under this section that we are not necessarily establishing blame; we are merely trying to find the underlying causes for the eventual break up of the marriage.

In the past few years, a serious misunderstanding about annulments and the annulment process has pervaded and it is related to the nullity of marriage being based on events that occurred after the wedding ceremony. One prime example of this would be the unfaithfulness of one of the parties and the subsequent thought that this action alone nullifies the marriage. However, this is not always the case. Again, we base our decision primarily on what happened prior to the marriage; in other words, what was described in section B is where this information comes from. But it is not necessarily the case always. For example, if you look at the information that we are seeking, you will see that there may have been a problem adjusting to married life (and this is usually after a marriage involving a pregnancy which resulted in the couple doing what they perceived at the time to be the ‘right’ thing; or a marriage that occurred because the couple decided to marry each other because their friends were all getting married, etc…). Some behavior may have been latent in the pre-marriage life of the couple, but the fact is that it was still there and it is up to the tribunal personnel to seek and examine this evidence.

What we are seeking in the tribunal is information. In other words, just as in the other sections, we ask that the Petitioner provide the information that is requested. In this case, we are seeking information relative to physical or emotional mistreatment, the role of the parents of the parties and, of course, how the couple had endured in their bond for the time that it lasted (i.e.: how they used money, abuse of alcohol or drugs by either the Petitioner or the Respondent, work habits of the couple, etc…). This gives the judge in the case a broader picture of the marriage and can greatly assist in bringing about a judgment of nullity in a case. Finally, we would like to have a description of any problems in communication, love, affection, sexual relations. It is amazing to see the gradual decline and erosion of a marriage over time. Yet, we in the tribunal are looking for patterns because not every marriage that ends in divorce will necessarily end up with an affirmative decision for annulment. However, if enough information and testimony is provided, then the nullity of a marriage can be established.

Next month we will look at section D of the annulment application. If you have any questions about this or any other aspects of the annulment process, please do not hesitate to contact me. I would be glad to assist in any way that is needed.

ANNULMENTS—CONCERNS AND QUESTIONS—PART VI:

Last month we focused on section C of the annulment application. This month we will look at section D which is the final part of the narrative section of the annulment application. As you can see on the form, it is asking for the date of final separation and this is the period prior to the divorce. What is being sought can be easily misconstrued—however, it is the date of the final separation. For example, if the Respondent, “A” left the Petitioner “B” on Friday, February 02, 2007, this would be the date of the final separation. Obviously, a divorce may follow, but that information is required elsewhere. Next, it asks for specific reasons of the break up of the marriage. You will notice that there is ample space to write on the form. However, a simple narrative will suffice. I would also tell the Petitioner to not repeat any testimony that they had supplied in the previous sections (for example, section C)—it would be redundant and unnecessary. One example for this part would be: “One day, ‘A’ had packed his clothing and left our home. This was on Friday, February 02, 2007. I never heard from him again until I received the summons from court that I was being divorced.” Of course, the Petitioner must also elaborate on the reasons, and what we are seeking is a simple narrative (i.e.: “’A’ and I had a heated argument the evening prior and he told me that he was going to leave me soon. This was a pattern of behavior that I was used to. However, this time he really left the home after the most recent argument that we had.” Finally, the form states that the Petitioner must include any information relative to counseling (and in this case, it asks for any information on psychiatric or marriage counseling). This could conceivably be joint counseling for the couple or counseling for perhaps one of the parties.

Next month, we will look at section E which is the final part of the annulment application.

ANNULMENTS—CONCERNS AND QUESTIONS—PART VII:

Last month we focused on section D of the annulment application. This month we will look at section E. In this section, the tribunal is seeking information relative to the re-marriage of the parties. The question is straight forward: “Has either Party remarried? How many times? If so, how is the new marriage succeeding?” What we are looking for in this section are patterns. Perhaps the Petitioner had remarried and that is the reason for his/her application for an annulment. If his/her marriage is succeeding and there are no major problems, we want to know this. You will notice that there is a space to reply for both parties, the Petitioner and the Respondent. Yet, there is a rather limited space. This is not an area where the parties will write a narrative about the Petitioner and/or Respondent’s whole marital history. If one or the other has been married multiple times, then this is to be noted. For example: “HIS: I (the Petitioner) have been married once since my divorce and we have been married for ____ years.” “HERS: The Respondent has been married twice since our divorce and each marriage ended in divorce due to her _____ which was what had ultimately caused our marriage to end.” This could actually be the other way around depending on many circumstances. Yet, the point is that at the tribunal we are interested in obtaining as much information about the Petitioner and Respondent as possible to give us a well-rounded view of them and their attitudes towards and behavior in marriage.

Next month, we will look at the Statement and Mandate of (the) Petitioner. This is an important part of the annulment application which must be discussed with the Petitioner prior to the submission of the annulment application.

ANNULMENTS—CONCERNS AND QUESTIONS—PART VIII:

Last month, we looked at Section E of the annulment application. This month we examine the Statement and Mandate of the Petitioner. The Petitioner is the applicant in the annulment process. This is the person who oftentimes seeks the annulment and it could be for a variety of reasons. Yet, this part of the application is very important in that there are some things that the Petitioner needs to understand as they prepare to submit their case to the tribunal.

Initially, the Petitioner “appoints” a Procurator/Advocate. The Code of Canon Law (CIC 83) discusses Procurator and Advocates beginning with canon 1481. This particular canon states: “A party can freely appoint an advocate and procurator for him or herself…a party can plead and respond personally, unless the judge considers the services of a procurator or advocate to be necessary” (CIC 83, c. 1481, §1). It is a good idea for the Petitioner to appoint someone as a procurator/advocate. The requirements for the role of procurator/advocate are defined in the CIC 83, c. 1483: “The procurator and advocate must have attained the age of majority and be of good repute. The advocate is also to be a Catholic unless the diocesan bishop permits otherwise, a doctor in canon law or otherwise well qualified, and approved by the same bishop” (CIC 83, c. 1483). While there is no major role that the procurator/advocate plays in our court, it is good to have a procurator/advocate that one could trust and also share with while the case is processing through the system. If a Petitioner is having a difficult time choosing a procurator/advocate, we can help them to find one here at the tribunal.

The next paragraph is very important as well. It discusses the fact that just because the case is accepted by the court, it does not mean that there will be a favorable judgment. In other words, the Petitioner must understand that the case may not go through. This is usually do to the fact that it becomes a “weak case” and is very difficult for the judge to come to a conclusion. Usually, this is because there is not enough testimony or weak witness testimony. That is why we ask the Petitioner to supply good witnesses (more on this later) in addition to their own sufficient testimony.

Another aspect from this paragraph is very important to note: it usually takes at least one year to complete a case. This fact must be presented to the Petitioner. It becomes especially difficult if the Petitioner has found another person to marry and would like to do this quickly. However, priests and pastoral coordinators are directed to not set a wedding date until the annulment process is completed and this usually means when the decision is ratified in the court of second instance (which in our case in the Diocese of Marquette means when the judgment comes from the second instance court in the Archdiocese of Detroit). Usually, it takes one year for the whole process to be completed.

In the next part of this document, the Petitioner agrees to supply to the tribunal all of the required documents that are needed in order to process the application as well as proceed with the case. The documents include the baptismal certificates (of the Catholic parties) as well as marriage license and divorce decree. Other documents may be requested as the case proceeds. Initially, however, these are the required documents. Witnesses are also required. With the witnesses, the court needs their information (name, address, etc…) in order to contact them so that they will be helpful to the case.

In the next paragraph, please note the first sentence: “I understand that a decision depends wholly on the merits of the case, the evidence and the exact reasons which the Church recognized as grounds for nullity.” This is quite important. If there are no ‘grounds’—then there will be no case for annulment. The Petitioner needs to understand this. In other words, just because the case is accepted by the court does not mean an automatic annulment decision in on the horizon. Also, the other party or the defender of the bond may appeal the decision. The Petitioner needs to understand this as well. Finally, a vetitum may be placed on the Petitioner and/or Respondent and this may delay a future marriage as well. The reason this is done is so that when one of the parties who has a vetitum decides to marry in the Church, an assessment as to his/her ability to carry out a marital commitment can be examined not only by the judge in the case, but also by the priest/pastoral coordinator who making the inquiry.

If the Petitioner has a significant change in their lives (the document specifies change in name, place of address or civil marriage status), they must notify our office. Sometimes, these things may have an important bearing on which way the case may conclude. For example, we must always have a current address on file; otherwise, we will not be able to contact a party, and this results in a delay which ultimately leads to a delay for the case (hence, the reason for the annulment process “taking to long”).

The last sentence speaks of the court officials’ oath of confidentiality. It tells further of the fact that the only other person besides the Petitioner who is able to receive information about the case is the Procurator/Advocate. We maintain a high level of confidentiality in the tribunal. Unless one is connected to a case, no information is available to any person, unless specified by the Petitioner.

The final statement is very important—that’s why it is in capital letters. As was stated earlier, the Petitioner is the applicant who desires an annulment for a variety of reasons; one may be that this person would like to be remarried in the Church as soon as possible. However, the annulment process takes time. That’s why a marriage date cannot (and must not) be set until the affirmative decision from our court is ratified and arrives from the court of second instance (as stated previously, this is in the Archdiocese of Detroit). Initially in my priesthood, I was caught in a ‘trap’ and had set a date for a wedding when the annulment was not even close to being finished. It was a nightmare: the Petitioner and his fiancé wanted to be married in a civil ceremony and they were going to leave Church. This could have been avoided if I only reiterated what was said in this paragraph—and we must adhere to this. There can be no exceptions.

Hopefully, this explanation will be helpful. As usual, if there are any questions, please do not hesitate to contact our office. Next month we will look at the Statement of Tribunal Policy.

ANNULMENTS—CONCERNS AND QUESTIONS—PART IX:

Last month, we looked at Statement and Mandate of the Petitioner in the annulment application. This month we examine the Statement of Tribunal Policy. As you will notice, the first sentence on this page describes what the proceedings of the tribunal are: they are religious in nature and governed solely by the laws of the Roman Catholic Church. This speaks volumes and perhaps does not concern the Respondent’s sometimes who may feel (for example) that since they are not Catholic they do not need to participate. Yet, the next sentence would be an impetus for all the involved parties to participate in the annulment process: “The purpose of this investigation is to determine the status of the parties in the Roman Catholic Church and their freedom (emphasis mine) to enter a marriage which will be recognized by the Church.” If a person enters into an invalid marriage (for example, without the benefit of having gone through the annulment process, if applicable), then they cannot and should not receive the sacraments.

Therefore, the annulment process is a way for those who are in invalid marriages or those who are contemplating re-marriage in the Church to do this in a ecclesiastically legal way. In fact, as you look further in the document, you see where it is stated that it is the desire of the tribunal that the annulment process be a “healing experience (that is) conducted in the spirit of Christian justice and compassion.”

The next paragraph outlines the testimony that is needed and it includes not only the material from the Petitioner, Respondent and witnesses, but there may be further testimony that may be required (i.e.: from a professional in the medical or psychological fields). If this material is needed and may be helpful to the case, the judge through the tribunal secretary will request it.

The final paragraph is one that I hope the advocates will discuss with the Petitioner. It speaks of the confidential nature of the proceedings. Many times at the tribunal we receive questions as to who will see the testimony and how people will be contacted. It must be emphasized that only those who are involved in the case (the Petitioner and Respondent) are the only ones who will be privy to information. The document states: “This information is not made available to the witnesses or anyone acting on their behalf, or in any civil proceedings.” One “duly authorized ecclesiastical officials (such as the defender of the bond, etc…) or other ecclesiastical tribunals when necessary for the resolution of the case.”

After this paragraph, there are two sentences that the Priest/Pastoral Minister/Advocate should ask the Petitioner. It’s a good idea for it to happen this way and also for the advocate to discuss as much as possible of this with the Petitioner. Obviously, there may be questions, and we encourage you to contact the office with any questions that you have. The rest of the page is self explanatory. Please have the Petitioner sign the document and the advocate (whether it is a priest, deacon, or other pastoral minister—usually the one who is assisting the Petitioner) must sign as well.

This page is quite important and should be studied carefully with the Petitioner. Next month, we will look at a very key part of the annulment application (and a key part of the process as well): the Witness Sheet. Please contact our office if you have any questions at all.

ANNULMENTS—CONCERNS AND QUESTIONS—PART X:

Last month, we looked at Statement of Tribunal Policy. This month, we will examine the last page of the annulment application entitled: “Witness Sheet.” Witnesses are needed in order to process an annulment and their testimony is highly important (c. 1547). It is also noted that the witnesses must be truthful in their testimony (c. 1548). In looking at the other canons, it can be seen that anyone can be a witness in a case “…unless expressly excluded, whether wholly or in part, by the law (c. 1549).” This means for example, those under the age of fourteen years and those who are (as the canon describes) of ‘feeble mind’ (see c. 1550) are not allowed to be witnesses. However, this same canon states: “They can, however, be heard if the judge declares by a decree that it would be appropriate to do so.” This is decided on an individual basis.

In the annulment application, we at the tribunal ask for witnesses who “…have a knowledge of (the Petitioner’s) family background or marital situation and who would provide us with information.” It is noted that the Petitioner must contact potential witnesses prior to nominating them for this in the annulment process. In other words, the Petitioner’s advocates should insure that the Petitioner contacts the witnesses before they receive a Witness Questionnaire from the Marriage Tribunal.

The witnesses can include: parents, siblings and friends from the courtship days. One thing that is advised is to have witnesses who know something about the Petitioner and Respondent from the days when they were going together (in the ‘courting’ stage of their lives just prior to the wedding). The best witnesses are the ones who corroborate the testimony of the parties. This does not mean that the Petitioner or Respondent must ‘conspire’ with the witnesses as they write their witness testimony—but it is best if the parties as well as the witnesses are on the ‘same page’ as it were when writing out the witness testimony.

An example will illustrate: Petitioner A had courted Respondent B for 1 year. Respondent B subsequently became pregnant during the courtship. As a result, Petitioner A decided to do the ‘best thing’ and marry the Respondent. After three years, the marriage ended. Petitioner A decided to pursue an annulment and contacted Witness C to provide testimony. Witness C stated on the witness form (in section B which we will examine in depth shortly): “Petitioner A and Respondent B had ‘gone together’ for about a year and then Respondent B became pregnant. They had gotten married after that is because Petitioner A wanted to do what he thought was the right thing.” This seems somewhat simplistic, but it is provided to illustrate a point.

Next month, we will take a look at the actual witness questionnaire. It is hoped that our examination of this will answer any questions that you may have. As always, please feel free to contact the tribunal with any questions that you have.

ANNULMENTS—CONCERNS AND QUESTIONS—PART XI:

Last month, we looked at the “Witness Sheet.” This month, we will examine the Witness Questionnaire which is sent out to those whose names were provided as witnesses for the parties. The witness sheet is quite similar to the application that the Petitioner completes as they begin the annulment process. In the last Communicator article, we addressed who can be witnesses. As one could see, it would be optimal to have a witness who has a vast knowledge of the parties—not a person who has known the parties for only a few short years (and only after the couple had gotten married). Many times we encounter problems with the witness testimony because of the fact that the witnesses cannot offer effective testimony to corroborate the testimony of the Petitioner and/or Respondent. This leads us to a stalemate because without effective witness testimony, we only have a one- sided picture of the marriage that is under study—and, therefore, it can lead to a negative decision for the Petitioner and/or Respondent or a complete withdrawal of the case. As we examine the Witness Questionnaire through these next few months, we will attempt to explain in great detail what the tribunal is looking for from witnesses in the annulment process.

This month, we begin with the first page of the questionnaire. The top half of the questionnaire is pretty much self explanatory. There is one question on this page that causes confusion and it is this: Do you feel that both Parties would be truthful under oath? Sometimes, people put down their own opinions which are prejudiced by the fact that they did not have a good relationship with either the Petitioner or the Respondent. However, what is required by the court is an opinion—and that is all. In fact, a yes or no answer will suffice. Here is an example to illustrate: In this case, John and Jane Doe are the Petitioner and Respondent respectively: In my opinion, John and Jane would be truthful under oath. On the other hand, we have: John would be truthful but Jane might be to willing to ‘color’ the truth or be deceitful.

The next part of the document on this first page asks for a background of both parties. This is extremely important and it is information that is best obtained by someone who has known the parties throughout the years. Perhaps the witness may not know too much about the other party (for example, if they grew up with the Petitioner and not the Respondent, then they would tend to know more about the Petitioner and vice-versa). However, we ask that the witnesses provide as much testimony as possible based on what they knew of the people for whom they are being a witness for.

Next month, we will take an in depth look at the next part of the Witness Questionnaire. If you have any questions or concerns about the annulment process, please feel free to contact our office. In the past, I have gone to parishes to present information on annulments and I am willing to do this in the future if needed. Please contact me at (906) 227-9143 if you are further interested in this.

ANNULMENTS—CONCERNS AND QUESTIONS—PART XII:

Last month, we looked at the first page of the “Witness Sheet.” This month we continue our look at the next page of the Witness Sheet. The parts of this page are Courtship and Wedding.

In the “Courtship” section, there are questions to be answered by the witness including: “Were there any problems in their relationship before the marriage? How long did they go together? Was either Party forced into the marriage by some person or circumstances? Was there any opposition to the marriage? If so, from whom and why?”

As you can see, these questions probe into the very heart of the marriage. They are questions that require more than a simple “yes” or “no.” Yet, sometimes the witnesses do not provide enough testimony because they did not know the Petitioner and or Respondent prior to the ill-fated marriage. This leaves a dilemma for the court in that if there is not enough sufficient testimony, then the case may be terminated. That is why those who work with the people seeking annulments must insure that their witnesses will corroborate their testimony. Otherwise, there is no reason to go through the annulment process.

In the tribunal, we attempt to guarantee that everyone who applies for an annulment will receive one. However, there are times that the witness testimony is very weak and it’s usually because the witnesses selected did not know the parties prior to the wedding/marriage. Again, this makes is quite difficult for the judge because without the witness testimony, there really is nothing to corroborate the testimony of the Petitioner and/or Respondent and therefore, no case to judge.

In the next section, we would like to find out something about the wedding day. There is only one question here: “Were there any unusual circumstances surrounding the wedding?” It is a very simple question requiring a very simple answer…but something more than “No” or “Yes.” The person most qualified to be a witness would have had to have been at the wedding to be able to sufficiently answer this question.

ANNULMENTS—CONCERNS AND QUESTIONS—PART XIII:

Last month, we looked at the second page of the “Witness Sheet.” This month we continue our look at the next page of the Witness Sheet. The section that we will examine is entitled Married Life. There are two subsections which ask the witness some questions about the marriage as well as the separation.

In the first part of the questionnaire, the witness is asked to comment on the married life of the parties. There are specific questions relative to specific (potential) problems that may have surfaced in the wedding throughout its duration. Basically, what we are seeking is a pattern in the marriage and corroboration of the Petitioner’s testimony. Usually, it’s very difficult to find that both of the testimonies are similar; but there must be some similarities in order to establish credibility. This part of the testimony is usually easier to complete for the witness because of the fact that the negative aspects of the marriage are usually still fresh in their minds. However, we are not looking for witnesses who will be condemnatory of either the Petitioner or Respondent. Again, we are looking for the facts in the case. If a witness cannot be candid, then there testimony will not be helpful to the case.

The next part of the questionnaire concerns the separation of the couple. As the question asks: “Where there any separations and if so why and how many.” Hopefully the witness will have this information. What is needed is an honest answer. The judge looks at this mainly to establish if there is a pattern or patterns. For example, did either party attempt to exit the marriage when things were not going well for either of them? Were the separations lengthy or for a very short time? What is meant by the term separation is that one of the parties had exited (left) the home for a substantial period (two to three days or more) without any contact. This may seem arbitrary, but there is no real way to establish a separation and there are other factors that enter into the equation (whether the parties had a ‘spat’ prior to the separation; whether one of the parties left in anger and decided to stay away from the home for a period of time, etc…). While there is no specific amount of testimony that is needed (other than what is asked for), there is enough space on the witness sheet for any length of answer. The judge will look through the testimony and use only the relevant and important parts.

The third question asks of the witness’ own opinion: “Why do you think the marriage failed.” In this part, we seek the knowledge and experience of the witness relative to the Petitioner and Respondent in question. Most of the time, the witnesses do have an opinion and they share it freely which is the intent of the part of the questionnaire. However, they do not have address this question in great length—if their testimony can be limited to the space allotted, it will be greatly appreciated.

The final question is simply: “Do you have anything else to add.” Again, this is an open ended question that will give the witness an opportunity to respond in their own way to the issues being explored.

Next month, we will look at the annulment ‘process.’ A chart has been prepared and will be presented. It will be helpful because it describes the ‘steps’ in the annulment process so that you may know exactly where the case is at during any given time (if you are so inclined to follow the case). If you have any questions or concerns about the annulment process, please feel free to contact our office. In the past, I have gone to parishes to present information on annulments and I am willing to do this in the future if needed. Please contact me at (906) 227-9143 if you are further interested in this.

ANNULMENTS—CONCERNS AND QUESTIONS—PART XIV:

This is the conclusion of the series Annulments—Concerns and Questions. For this installment, I have decided to give our readers and outline of the Annulment process. It will not be detailed, but it gives an idea of what happens at different times. Please note that the outline is quite succinct—but the actual process is not and takes time. We typically ask for six months to a year for a case to be processed and this includes everything that happens from when we receive a potential case all the way to the ratification in second instance which is done in the Archdiocese of Detroit. Yet, a lot can be done to expedite a case and I hope that through your reading of this ‘commentary’ on the annulment forms, you will be able to assist the Petitioners in their quest to assess the validity or invalidity of their marriage. The outline of the Annulment process is as follows:

--An annulment application is received in the diocese and the judicial vicar assigns the case: either he will take the case or give it to the adjunct judicial vicar; --If the case is accepted, the Respondent is cited and has a certain period of time to respond; --The litis is prepared and the Petitioner and Respondent have ten days to respond (note: the litis is the grounds for a case: i.e.: c. 1095, 2°--Grave lack of discretion of judgment concerning the essential matrimonial rights and responsibilities to be mutually given and accepted); --Witness questionnaires are sent; --Publication (Once the witness questionnaires are returned, the Petitioner and Respondent have the right to read the acts (testimony) of the case); --Conclusion of the case: The procurator/advocates are contacted at this point; --Judicial Memo (facts of the case) is prepared; --The defender of the bond reviews the judicial memo and offers his evaluation of the case; --The argument/judgment follows at this point and then the case is sent to the second instance court for their ratification. After this, the parties are notified of the subsequent decision.

This is the process. It is quite involved and that’s why we need the extra time to work on a case. Hopefully, many questions have been answered with this presentation. However, if more assistance is needed, please do not hesitate to contact our office. Also, some priests have asked if they could have a copy of this series. I am planning on placing this material on a word document within the next month. If anyone is interested in it and would like it e-mailed, please contact our office.