Judy asks the question:
Does the church make any exception if the petitioner was in an abusive marriage? The ex-spouse has been "dormant" and there is a desire to "let sleeping dogs lie."
Thanks.
Dear Judy:
ANSWER:
Yes, your ex-spouse does need to be contacted. If he isn't, the case could be declared invalid because the rights of the ex-spouse were not protected. I understand about "letting sleeping dogs lie" - however, I have met many petitioner’s who felt the way you did, and in the end, there were no negative repercussions in contacting the ex-spouse.
You do not have to contact the ex-spouse- you simply have to provide an address for the ex-spouse to be contacted. The Tribunal does the contacting.
I know of two tribunals who decided to 'make exceptions' and wave the rights of the respondent and did not contact him (in both cases the ex-spouse was the husband). They made the exception because of the petitioner’s continued fear of her ex-husband and any reprisals he might make. So – the Tribunal, wanting to make it the situation less fearful for the petitioner, decided to assign a guardian to represent the ex-spouse throughout the process - and never contacted the ex-spouse.
The petitioner felt quite relieved - however, in the end, the Appeals Court overturned the affirmative decision of the first court because they stated that the rights of the ex-spouse had been denied.
The case then went to Rome and Rome agreed with the Appeal Court. So, in the long run, it only turned out worse for the petitioner.
I hope this explanation helps.
Showing posts with label catholic annulments. Show all posts
Showing posts with label catholic annulments. Show all posts
Tuesday, August 4, 2009
I was divorced and remarried, and then my ex spouse died – now what?
At times it may be helpful for readers if I share some of the many email questions I receive through this blog.
Here is a recent one:
My husband and I are mid-60's. We have been married 40 years and were married by a Justice of the Peace. We both were divorced at that time, no children. Neither of us wanted the divorces.
My ex husband was homosexual and my husband's ex wife suffered from a serious mental illness. They both wanted out of the marriage for these reasons. Sadly, both of these previous spouses have since died.
We have never been Catholics, but now we are about to begin the classes to become Catholic. We have one grown child from our marriage. Our questions are:
QUESTION:
If we are confirmed in the Catholic faith, can we then take Holy Communion in view of these past marriages, divorces, and deaths of previous spouses? If not, what can be done to remove this roadblock?
ANSWER:
The answer to the questions is that since you are both widowed neither of you needs a church annulment. The death of a spouse ends the legal union of husband and wife. So you are both presently free to marry in the Church.
As you work with your parish priest/associate for entering into the Catholic Church, simply inform them of your previous unions. They may/may not need to submit copies of your former marriage licenses and the death notices of your former spouses to the tribunal or chancery for church confirmation. But that is just a matter of paperwork.
The good news for you is there is nothing to block the way of having your present civil marriage blessed in the Church.
Here is a recent one:
My husband and I are mid-60's. We have been married 40 years and were married by a Justice of the Peace. We both were divorced at that time, no children. Neither of us wanted the divorces.
My ex husband was homosexual and my husband's ex wife suffered from a serious mental illness. They both wanted out of the marriage for these reasons. Sadly, both of these previous spouses have since died.
We have never been Catholics, but now we are about to begin the classes to become Catholic. We have one grown child from our marriage. Our questions are:
QUESTION:
If we are confirmed in the Catholic faith, can we then take Holy Communion in view of these past marriages, divorces, and deaths of previous spouses? If not, what can be done to remove this roadblock?
ANSWER:
The answer to the questions is that since you are both widowed neither of you needs a church annulment. The death of a spouse ends the legal union of husband and wife. So you are both presently free to marry in the Church.
As you work with your parish priest/associate for entering into the Catholic Church, simply inform them of your previous unions. They may/may not need to submit copies of your former marriage licenses and the death notices of your former spouses to the tribunal or chancery for church confirmation. But that is just a matter of paperwork.
The good news for you is there is nothing to block the way of having your present civil marriage blessed in the Church.
Wednesday, June 3, 2009
Who can apply for a Catholic annulment?
Any divorced person –Catholic or non-Catholic– can request an annulment from the Catholic Church. It's estimated that at least 25% of Catholic annulments in the U.S. are for non Catholic marriages. In addition those individuals who petition are almost equally divided between men and women.
More often than not, individuals seek an annulment so they can remarry in the Catholic Church. In the same way a person seeks a divorce so they can remarry in the State.
However other times individuals request a Catholic annulment just so the Church will no longer consider them married to their ex-spouse.
More often than not, individuals seek an annulment so they can remarry in the Catholic Church. In the same way a person seeks a divorce so they can remarry in the State.
However other times individuals request a Catholic annulment just so the Church will no longer consider them married to their ex-spouse.
Sunday, May 31, 2009
Do I have to deal with my ex spouse during the annulment process?
No. You do not have to have anything to do with him or her. All you have to do is let the Church know the present whereabouts of your ex spouse.
The Church requires that your former spouse is to be notified that the annulment process has begun so as to offer him/her the opportunity to make a response. So your ex-spouse will be sent a letter explaining that the process was initiated.
Your ex-spouse does not have to agree to the annulment, i.e. they can contest it. Or, he/she can also choose not to participate in the process - and it will still move forward.
The Church requires that your former spouse is to be notified that the annulment process has begun so as to offer him/her the opportunity to make a response. So your ex-spouse will be sent a letter explaining that the process was initiated.
Your ex-spouse does not have to agree to the annulment, i.e. they can contest it. Or, he/she can also choose not to participate in the process - and it will still move forward.
Monday, May 25, 2009
Do church annulments affect a child's legitimacy in church law?
No. When the Church declares a marriage of parents null many people are often confused about its legal impact upon the legitimacy of the children in church law.
The legal term "legitimacy" means that the child's father is known. He is the "husband" of the child's mother at the time of the child's birth. Before there was such a thing as DNA testing, this was the only way society could legally assume who was the father of the child.
An annulment does not "retroactively" affect the child's paternity. At the time of the child’s birth, the parents were known. It was at that moment that the legitimacy of the child was established.
Any statement or belief to the contrary–that an annulment renders a child illegitimate–is simply wrong!
The legal term "legitimacy" means that the child's father is known. He is the "husband" of the child's mother at the time of the child's birth. Before there was such a thing as DNA testing, this was the only way society could legally assume who was the father of the child.
An annulment does not "retroactively" affect the child's paternity. At the time of the child’s birth, the parents were known. It was at that moment that the legitimacy of the child was established.
Any statement or belief to the contrary–that an annulment renders a child illegitimate–is simply wrong!
Saturday, May 23, 2009
Catholic Annulment Resources on the Web
I hope you find these web resources valuable:
If you are thinking about starting, or, you are ready to start the annulment process:
Catholic Annulment Preparation Services
If you have finished your annulment process and would like to give feedback on your experience:
My Annulment Process Experience
If you are thinking about starting, or, you are ready to start the annulment process:
Catholic Annulment Preparation Services
If you have finished your annulment process and would like to give feedback on your experience:
My Annulment Process Experience
I'm a divorced Catholic, can I receive Holy Communion?
Yes. Divorce has no impact upon your legal status in church law. Even though you and your ex-spouse are obviously living apart from one another after the civil divorce, you’re still considered married in church law. Living apart does not prevent you from receiving Holy Communion, so as a divorced Catholic you can go to Communion.
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