Pope Francis, the Year of Mercy, and New Standards for Annulments in the Catholic Church (Part 3)

01-17-2016Weekly ReflectionDeacon John D’Amico

How long does the process take for a formal case?
It can vary from diocese to diocese, however here in Phoenix it often takes 24 months or longer for formal cases where witness testimony is required. No respondent can prevent the annulment process from going forward even if they object to the process.

How can a couple married for many years present a case?
The tribunal process examines the events leading up to, and at the time of the wedding ceremony, in an effort to determine whether what was required for a valid marriage was ever brought about. The length of common life is not proof of validity but a long marriage does provide evidence that a couple had some capacity for a life-long commitment. It does not prove or disprove the existence of a valid marriage bond.

If a marriage is declared null, does it mean that the marriage never existed?
No. It means it was not valid according to Church law. A declaration of nullity does not deny that a relationship existed. It simply states that the relationship was missing something that the Church requires for marriage.

If a marriage is annulled, are the children considered illegitimate?
No. A declaration of nullity has no effect on the legitimacy of children, since the child’s mother and father were presumed to be married at the time that the child was born.

I do not plan to re-marry. Why should I present a marriage case?
Some people find that simply writing out their testimony helps them to understand what went wrong and why. They gain insights into themselves. Others say that the process allowed them to tell their whole story for the first time to someone who was willing to listen. Many find that the process helped them to let go of their former relationship, heal their hurts, and move on with their lives. A person cannot know today if they might want to marry in the future when crucial witnesses may be deceased or their own memories may have dimmed or are no longer available to testify.

Deacon John D’Amico

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