Introduction to the Annulment Process
The process of requesting a declaration of nullity (“annulment”) of a marriage is one surrounded with much mystery and misunderstanding. In an effort to provide answers to frequently asked questions and to correct erroneous information, the staff of the Family Life Office and the Office of Canonical Services have developed a series of answers to questions which we are asked quite frequently.
Many of these questions relate specifically to the formal annulment process used in cases of the marriage of two Christians according to the appropriate form. If a Catholic has attempted marriage before a minister other than a Catholic priest without the necessary dispensation or if at least one party in a marriage was not validly baptized in any Christian faith, there are other procedures used. Contact your parish priest or the Office of Canonical Services for information concerning these areas.
We encourage those who have questions regarding the possible nullity of their marriages to contact their parish priest, the Family Life Office (518-453-6677) or the Office of Canonical Services (518-453-6629) for further information.
Questions and Answers About Annulments in the Catholic Church
Are divorced persons welcomed in the Catholic Church ?
Single-again persons are at times treated as unwelcome members of Christ’s community which is a real injustice at worst, a prejudice at best. They are going through and have experienced a traumatic period in life and need comfort and understanding. Divorce is a civil procedure and does not affect an individual’s participation in the life of the Church unless that person has remarried during the lifetime of the former spouse without having obtained a declaration of nullity (annulment) from the Church. A divorced person who has not remarried is welcome to receive the sacraments and also to serve as a lector or Eucharistic minister. A divorced person may remarry in the Roman Catholic Church after receiving a declaration of nullity of the first marriage or after the death of the former spouse. In any case, she/he should be received warmly into any Christian community.
Does my divorce mean that I am excommunicated from the Catholic Church ?
There is no penalty of excommunication for divorce. Divorce itself is considered neither right or wrong. The church recognizes that it may be a necessary step to determine civil, legal and financial matters resulting from the termination of a marriage. As long as a divorced person does not remarry during the lifetime of the former spouse or without a Church declaration of nullity (annulment), she/he may continue to receive the other sacraments and participate in the full life of the church. Part of the confusion regarding this, results from the fact that, in the United States , from 1884 to 1997, divorced persons did incur the penalty of excommunication for attempting civil re-marriage. It was a sanction imposed by the American bishops and they removed it in May 1977.
Does God really love a divorced person?
Jesus, who took a strong hand on the permanence of marriage, also showed evidence of love for the woman at Jacob’s well who had been married five times. God loves the individual and reaches out to those who are in pain, regardless of the source of that hurt.
Is divorce a sin?
Divorce itself is considered neither right or wrong. The Church recognizes that it may be legally and civilly necessary to protect the best interest of the parties and the children of the marriage.
Isn’t an annulment a divorce – Catholic style?
The correct term for an “annulment” is a “decree of nullity.” This states that the marital union has been thoroughly investigated and found to be lacking in the essential characteristics of a Christian sacramental union from its beginning. The decree of nullity is a statement that a valid sacramental bond did NOT exist, not that it did exist and is now ended. If the sacramental bond did not exist the marriage in question can be declared ecclesiastically non-binding. A civil divorce, on the other hand, is the breaking of an existing legal and civil bond.
Is it very difficult to obtain a decree of nullity?
The process is a detailed one that seeks to discover the truth regarding the sacramentality of the marriage. It is a judgement made on facts presented. People are encouraged to go through the process as a healing and closing of a painful chapter in their lives. Circumstances will make each case different, but the basic process is the same in all cases.
Do only Catholic marriages need to be declared null before a second marriage can take place ?
Only a Catholic is bound to marry according to the form prescribed by the Catholic Church (i.e., before a Catholic priest or deacon and at least two additional witnesses) unless dispensed from this requirement by the Bishop or his delegates. The Church recognizes the marriage of two non-Catholics whether they marry in their own Church, another Church or in a civil ceremony as long as the ceremony is valid according to civil law. From the perspective of the Catholic Church, therefore, non-Catholics are considered to be married persons unless the former spouse has died or the marriage has been declared null by the Catholic Church. Since the Church has the right to determine who may be married in the Catholic Church, it can make a judgement on the validity of the marriage of two non-Catholics if one requests this in order that she/he can be able to marry a Catholic in the Catholic Church.
Is the annulment process similar to the divorce process with testimony, cross-examination, and determination of fault?
The members of the Diocesan Office of Canonical Services are caring individuals who try to be sensitive to the feelings of the persons involved in this process. There is no cross-examination. Both parties are offered the opportunity to give testimony by way of a questionnaire and/or personal interview, but they are not asked to confront each other personally. Testimony is taken in order to come to an understanding of the circumstances of the relationship, not to place guilt or blame for the breakdown of the marriage. An effort is made to make the atmosphere one of concern and gentleness.
Is a decree of nullity possible if the marriage lasted many years and resulted in the birth of children?
The laws of the Church concerning marriage determine when the Church can recognize a marriage as valid. There are a number of grounds for invalidity recognized by Church law and if any of these are applicable and proven, the fact of consummation or length of the marriage will not prevent the granting of the decree.
Does the process take a very long time?
Although the time varies from one case to another and from one diocese to another, the process is usually completed within a year. Much of the time involved is used in collecting the necessary testimony and documentation. Sometimes this takes less time and sometimes more. Much depends upon the individuals involved. If there is a formal appeal, the case may take longer.
If a decree of nullity is granted, are the children of the marriage illegitimate?
The children were born of a legal, civil marriage. The decree does not leave them illegitimate or orphaned. Church laws provide that children born of such a marriage are legitimate.
If I wish to begin the process of seeking a declaration of nullity, what should I do?
You have several options. You may consult your parish priest or a parish minister who will explain the process and help you to begin. You may contact the Office of Canonical Services at 518-453-6620 or the Family Life Office at 518-453-6677 for assistance. Any of these persons will be glad to help you and to walk with you in the process.
What are the steps in the process of obtaining a declaration of nullity?
Normally, by way of a questionnaire, the petitioner details her/his background and that of the former spouse, the story of the relationship during courtship and marriage, the problems of the marriage, the reasons for the divorce and the present status of both parties. The petitioner is also asked to take a series of personality tests, to provide copies of baptismal and marriage certificates and of the divorce decree, and if applicable, to sign a release for any relevant medical or counseling records. She/he is also asked to provide the names of at least two witnesses. When all of the information has been assembled, there may be an interview with a judge. The decision is made on the basis of all evidence gathered in the process.
If a parish priest or minister says that she/he believes that there are no grounds present in the case, is there any further assistance?
The parish priest/minister cannot make this decision. A priest or parish minister may be able to point out possible weaknesses or difficulties in the case, but only a judge in the tribunal may say definitely that there are no grounds. If, after talking with a parish priest/minister, a person is not satisfied, she/he should go directly to the Office of Canonical Services and ask for consideration of the case.
Will my former spouse be contacted?
There must be an honest effort made to inform the former spouse that the investigation has been initiated and to offer her/him an opportunity to participate in the process. The Office of Canonical Services usually does this. If this person agrees to cooperate, she/he is asked to complete the same steps that the petitioner fulfills. If she/he does not respond, the Office of Canonical Services, after a designated time period, may bring the case to the judicial level for formal acceptance.
What if I do not know the address of my former spouse?
Every reasonable and honest effort must be made to contact the respondent since it is her/his right to know of these proceedings. This is often done by contacting parents or friends of the respondent who could be helpful in providing an address. If, after genuine effort, the current whereabouts of the respondent cannot be determined, the Office of Canonical services will appoint a Procurator to represent the respondent to protect her/his rights. The Defender of the Bond also has the task of seeing that the partner’s rights have been respected and that all-reasonable efforts have been made to locate her/him. When this has been determined, the case may proceed and be brought to a conclusion.
Why are witnesses needed?
Church laws requires that the testimony of the petitioner be corroborated by witnesses since the rights of two persons, the sanctity of marriage and the good of the community are involved. These persons are asked about the backgrounds and personalities of the parties and about the marriage. They do not need to be experts, simply people who knew the partners before or during the marriage and the problems of the marriage. A witness does not have to know the entire story, often, one witness can tell about certain things and others about other things. Anyone, including family, relatives and friends, who knew the petitioner and/or the former spouse and the marital problems, can act as a witness although it is better not to involve children of the couple in this capacity. Ordinarily, at least two witnesses are needed.
Is there a fee for this process? If I cannot afford to pay, may I still apply?
Everyone has a right to apply for an investigation of her/his former marriage. The process is a lengthy and detailed one and there is an expense involved. Offices of Canonical Services have differing policies regarding the fee asked and the manner in which it is paid, but, in no case does one “buy” a declaration of nullity (annulment). It is a judgement of fact, and the marriage must be proven invalid before a declaration of nullity can be given.
Charges for the process are similar to civil court costs – expenses involved in processing the case. The Office of Canonical Services must pay for water, electricity, maintenance, salaries, equipment and supplies. The diocese pays much of this cost, but it is only just that those who use the services of the Office of Canonical Services help to pay some of these costs if possible. The Office of Canonical Services in the Diocese of Albany is subsidized by the faithful of the Diocese, most of whom never require its services.
The annulment fee is $350.00 with a non-refundable deposit of $100.00 at time of filing. The balance is due at the time of final decision. If anyone is unable to pay all or part of the fee, the Office of Canonical Services will honor a request for a waiver. Under no circumstances will a person’s petition be rejected because she/he is unable to meet the expense incurred by the Office of Canonical Services in processing the case, nor is the decision delayed until the fee is paid. Person are asked to help defray some of the costs involved in processing the case if this is possible, but the decision is not affected by the ability to pay.
After a decree of nullity, am I free to remarry?
Each case is different. Often, the Judge will make a recommendation for counseling or impose a condition on either or both parties prior to entering a new marriage so that problems that emerged in the first marriage can be avoided in a new one. A person may be required to obtain counseling from a priest, a parish minister, and/or a professionally trained psychologists or psychiatrist prior to a future marriage. This is intended to assist you in your new marriage; it is not a penalty.
