The marriage tribunal ministry

The annulment, a declaration of marital invalidity, can be a source of healing for many divorced Catholics

By Mary Duddy

Most of us know people who are Catholic and divorced. Some have suffered greatly through a marriage that was problematic from the beginning. Often children are involved. Is there a way for these people to find healing and be free to remarry in the Catholic Church?

There is — through a declaration of marital invalidity, more commonly known as an annulment.

Any divorced Catholic has a right to petition the church for such a declaration.

However, less than 5 percent of those eligible for an annulment actually apply for one. There are several reasons for this. Many Catholics do not practice their faith; a church declaration on the state of their marriage would mean little to them.

Others are happily remarried and don’t see a need to rectify the situation, even though they are not supposed to receive the sacraments. An annulment would permit their present marriage to be convalidated in the church and allow them to return to the sacraments.

Another reason why people do not seek an annulment stems from the word itself which implies that a marriage has been declared null and void. Some parents worry how that would affect the status of their children.

“The word annulment is a misnomer,” said Father Joseph A. Grimaldi, judicial vicar for the Diocese of Honolulu and head of the diocesan tribunal which oversees the annulment process. “Perhaps the marriage never should have taken place. It was faulty, but it did take place, and the children are legitimate.”

Some fear the process of procuring an annulment, thinking it will be too difficult or emotionally draining. While the process often has its challenges, in the end it can also be very liberating.

For many, the process has helped them realize what was wrong with their marriage. Others have gained a better understanding of themselves and their situations, knowledge that becomes valuable when considering a future marriage.

And for those who have remarried, being fully reunited with the church brings great comfort and joy.

Lack of freedom invalidates

In the eyes of the church, marriage is a covenant — not a contract — in which two people freely and completely give of themselves to each other, becoming partners for life.

It is not merely a matter of emotions or sexual attraction.

Canon law states: “Matrimonial consent is an act of the will by which a man and a woman, through an irrevocable covenant, mutually give and accept each other in order to establish marriage.”

There are many factors leading up to a marriage ceremony that would invalidate the “consent” and “covenant,” and would negate the marriage’s mutual giving and accepting.

One of the most common factors — justifying an annulment — is a lack of freedom. Outside pressures, or internal personal ones, can “force” a marriage. One or both parties may feel they “have to” get married. Or they may have a faulty concept of what marriage is. They are not fully free to say “I do.” Their consent is partial and inadequate.

“Consent makes the marriage,” said Father Grimaldi. “That consent has to be completely free.”

Where that freedom did not exist, a marriage may be annulled.

A premarital pregnancy, for example, can exert a great deal of pressure to get married. Consciously, or subconsciously, the woman wants her child to be legitimate in the eyes of society and the church. The man feels he should do the responsible thing. They get married because of the situation they created, not necessarily because they want to. It is not a fully free choice.

Couples who marry because of a pregnancy may try to live with their decision, having more children and attempting to be responsible parents. However, several years down the road they may discover they have nothing in common.

Age also creates a pressure to marry. An unmarried man approaching 40 may feel something is “wrong” with him. A woman may feel her biological ability to have children slipping away. These are not good reasons to get married and also demonstrate a lack of complete consent.

Philandering also shows a lack of freedom of consent. Someone unfaithful in courtship will probably be unfaithful in the marriage. Marriage usually doesn’t survive extramarital affairs, which may only be symptoms of a deeper problem.

Other situations lacking complete freedom are: marriage for convenience or immigration purposes; alcohol or drug abuse; cohabiting couples who feel “trapped” in a relationship that can only be resolved by marriage. In fact, statistics show that couples who live together before marriage have a higher rate of divorce than those who don’t.

How to apply for an annulment

Most marriages require a formal petition for an annulment. These include marriages performed in a Catholic Church, those that take place in Protestant churches with permission, and marriages between two non-Catholics, of whom at least one is a baptized Christian. All these marriages are considered valid until proven otherwise.

A person seeking an annulment, called the “petitioner,” must first find an “advocate” — usually a parish priest or deacon familiar with the annulment process. A call to your parish office is all you need to set up an appointment. The advocate would conduct an initial interview, help collect the required documentation, and send the case to the diocesan tribunal for processing.

The tribunal for the Diocese of Honolulu is located on the fifth floor of the chancery building on Bishop Street in downtown Honolulu. Three offices accommodate the judicial vicar, a tribunal judge and three administrative staff members.

Other important participants in the annulment process are the “defender of the bond,” who presents evidence supporting the marriage, and a second advocate for the former spouse. The former spouse is called the “respondent.”

Both the petitioner and respondent have rights. The respondent must be “cited” (notified), or attempts must be made to do so, before a formal case is opened.

Formal decrees take about a year to complete. The tribunal gathers evidence from witnesses, preferably people who knew the couple during courtship and marriage.

Following the presentation of the evidence, tribunal judges decide the case. All formal cases are first given a decision by the Honolulu tribunal. The cases must also be reviewed and given a second judgment by the tribunal of another diocese before being ratified affirmative or negative. Honolulu sends its cases to the Diocese of San Jose in California.

Judges for the tribunal for the Diocese of Honolulu include Father Grimaldi, John Ringrose and Marianist Father David Schuyler. The defender of the bond is Capuchin Franciscan Father Robert Maher. Ringrose also assists in the writing of the sentences for the cases.

The tribunal has three secretary/ecclesiastical notaries: Mary Duddy, Nettie Lou Peiler and Lora Gress.

Ringrose, a layman who is also the diocesan chancellor, and Duddy are full time employees. The rest are part-time.

Some decrees easier to obtain

Under certain circumstances, annulments are easier to obtain. Here are two kinds of decrees of invalidity that avoid a formal petition:

-- Lack of Form Decree: A Catholic who married civilly, or outside the church without church consent, may apply for a “Lack of Form Decree.” This is a relatively quick process. Required are a baptism certificate updated with the latest sacramental records, the marriage certificate and the divorce decree to prove that the church’s marriage rules were not followed. This is sometimes called a “paper annulment.”

-- Pauline Privilege Decree: If neither party had been baptized in a Christian church, and one now wishes to be baptized and to remarry in the Catholic Church, he or she may apply for a Pauline Privilege Decree. This annulment decision sets aside the first marriage in favor of the faith. Proof is needed that neither party was baptized at the time of marriage. This is called a “documentary” annulment.

An annulment must not be confused with a civil divorce. There is a big difference. A divorce is adversarial while an annulment seeks to set things right.

“The object of the tribunal ministry is not only to obtain the truth,” said Ringrose, “but to provide healing.”

“Individuals obtain closure on that part of their life so they can go on with the rest of their life,” he said.

In some annulment cases, a condition may be placed on an individual that he or she must receive counseling before being allowed to remarry in the Catholic Church. This is to ensure the same mistakes are not made again.

Many people have found healing through the annulment process. To describe this ministry of reconciliation offered by the church, a quote from 2 Corinthians is appropriate:

“If anyone is in Christ, they are a new creation. The old order has passed away; now all is new! All this has been done by God, who has reconciled us to Himself through Christ and has given us the ministry of healing and reconciliation.”