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