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St. Frances Cabrini and St. Rose of Lima   Your Parish Families of Hood and Somervell Counties, Texas. 

 

 
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This is a ministry to persons who apply requesting a determination by the Church whether their marriage is a binding union , whether the couple had a true sacramental union.

Our Parish office is staffed by specially trained priests deacons and lay persons who study a failed marriage and help and guide them in the process of Marriage Annulment.

For more information contact Fr. Juan Rivero or Deacon Dick Stojak at 817-326-2131.


Questions People Ask About Annulments

1. What is A Matrimonial Tribunal?

It is NOT a divorce court!
Nor is it a marriage counseling service.

In fact, the people who seek the services of our tribunal have more often than not been divorced and, before that, sought marriage counseling.

A marriage tribunal is a system of establishing facts and giving judgment on those facts. 

A tribunal does not allot blame for the breakdown of a marriage - it merely looks at all the facts and then judges whether, in view of the facts, there really was a bond of marriage in the first place: a bond, that is, which had been sealed by God and was therefore unbreakable by any human power. ("What God has joined men must not divide")

Such tribunals have existed in the Church for many centuries - long before civil courts were ever involved in matters of this kind.

2. What is An Annulment?

It is a decree issued by the Church to say that what appeared at the wedding to be a true matrimonial alliance was, in fact, only an appearance which lacked the necessary elements to make a true marriage. 

This does not mean that the parties were to blame for its being only an appearance. It was not just a sham. It is presumed, in fact, that the parties at the time thought it was a true marriage but the members of the tribunal have looked at all the facts of the case and have come to the conclusion that the parties were mistaken and that the facts prove that there was in reality no marriage. 

This does not mean that there had never been any kind of bond between the parties. It merely means that the bond did not constitute what true marriage requires.

3. Shouldn't I Just Forget the Past?

Only if you are prepared to make the same mistakes again instead of making a decision to be more responsible for your own life. 

Any member of our tribunals will tell you what a helpful experience it is to face reality with the help of the trained officials who conduct the inquiry. 

It is a healing process which (like any operation) may entail a certain amount of pain but which brings much relief. Remember: our tribunals have dealt with every possible kind of trouble in marriage breakdown and nothing surprises or shocks them!

4. Are Decrees of Nullity Easier to Get These Days?

Only in the sense that over the past few decades the tribunals have come to a better understanding of the workings of the human mind and heart. This has been gained through the development of modern psychology which shows that some people have not "grown up" sufficiently by the time of their wedding to appreciate what is entailed in so serious a commitment as marriage. 

This does not mean, of course, that the couple should be able to foresee all the snags in a particular marriage. It means that where there is a gross lack of appreciation or evaluation of the proposed marriage so that there is an enormous gap between the parties' consent and the reality of the lifelong commitment to another human being, there can be no marriage. Although this gap can occur quite often in the very young, it is also possible for things to go so wrong in a person's background that an adequate appreciation of what a particular marriage entails is or was impossible for a person of more mature years.

5. Who Can Ask for An Annulment?

Anyone at all - catholic or not - provided the applicant is one of the parties to the impugned marriage. The tribunal cannot deal either with a proposed future partner or with relatives etc.

The usual reason for seeking an annulment is to be able to marry in the Catholic Church.

6. How Many Petitions Are Successful?

Only those who have been able to satisfy the tribunal that the grounds for nullity are adequate. It is sometimes possible for an experienced canon lawyer to give an idea of the possible outcome of a case when the petitioner has made his/her sworn statement. But witnesses to the truth of the facts are also required. Moreover, the Respondent (the other party to the impugned marriage) can sometimes present a view of the marriage very different from that of the Petitioner. Before a decree of nullity can be given the court (consisting of three judges) must be certain of its verdict. In case of doubt the validity of the impugned marriage is sustained.

7. How Long Does it Take?

The simple but unhelpful answer is: As long as the proverbial piece of string. In this diocese (Fort Worth) we can usually say: About twelve months from the date of the first interview. Always remember that there are others waiting in the wings... Again, it depends on how long it takes to gather the evidence from witnesses (some of whom may be in remote quarters of the world) .

No priest is allowed to conduct a marriage of a divorcé(e) unless and until the first marriage has been declared null and void by a church court. It would be foolish to "name the day" before such a decision had been given. Remember, also, that it is more important to give the correct decision on sufficient evidence than to risk a mere "NO" because the case was rushed through without such evidence. (See no. 6 above)

8. Who Can Be A Witness?

Anyone who knows the parties: parents, relatives, friends, business associates etc. It is best to choose those who have known both parties over a considerable period - even though they may not know much of the reasons why the marriage broke down. The court has to build up as complete a picture of the impugned marriage as possible - and a marriage always concerns two persons. Remember that it is not up to the tribunal to find the evidence. That is the task of the Petitioner...though, of course, advice will be given on how to go about this.

Sometimes people ask (usually on behalf of disgruntled Respondents) why we are "prying" into a marriage which the civil courts has already dissolved. We do no such thing. All our courts do is to judge the facts as presented to us in order to see whether they amount to what the Petitioner claims: the nullity of the marriage in question. We are always obliged to do our best to discover the mind of the Respondent on this matter and the Petitioner has the duty, therefore, to do his/her best to provide the court with the address or other means of finding the other party. It may be that the Respondent does not wish to have anything to do with the case...but he/she must be given the chance of putting "the other side".

9. How Do I Start to Bring A Case of Nullity?

Simply by contacting our Parish Office and setting up an appointment with one of the members of the Annulment Ministry Committee who will guide you and be with you all the way through the process or writing to the DIOCESAN TRIBUNAL and asking for the necessary application forms.

We have volunteers trained to guide you through the various steps thereafter.

10. What If My Case is Urgent?

Every case is urgent....But see number 7 above.

11. How Much Will it Cost?

It costs the Diocese of Fort Worth in excess of $800 on average for each case. This is because we have to pay the lay staff a living wage and other materials are not cheap (office equipment, stationery, postage, telephone etc. to say nothing of the cost of maintaining the premises and so on). The ordained members of the tribunal do not receive payment for their work. It is they who are the principal "experts" and canon lawyers. 

In our Diocese of Fort Worth those fees are waived entirely. So there is no cost for you.

12. Does Every Case Go to Rome?

Very few cases ever go to Rome. 

They are dealt with in each diocese but if the tribunal gives a decree of nullity it has to be ratified by the tribunal of another diocese. For example, all decrees of nullity granted by the DIOCESE OF FORT WORTH TRIBUNAL must be ratified by the SAN ANTONIO DIOCESE  TRIBUNAL before the parties can marry in a Catholic Church.

13. What About the Children of Annulled Marriages?

The Church regards them as legitimate since they are born of what is called a "putative" marriage.

14. Is Nullity A Roman Catholic Form of Divorce?

Decidedly NO. The Church is conscious of its mission to uphold the dignity of the sacrament of marriage. The very fact that the Church insists on the procedure for annulments shows how keen she is to fulfill that mission. If people do not understand the difference between divorce and annulment it is because they have usually refrained from taking the necessary steps to inform themselves or are so prejudiced against the Catholic Church and its laws that they are unwilling to accept any explanation that would free them from their prejudice.

Marriage is a divine institution and is given into the custody of the Church founded by Christ. Our tribunals do not exist in order to annul marriages but in order to deal justly with difficult situations of doubt and uncertainty. Whenever the tribunal is not certain about a case it must give the marriage the benefit of the doubt. Without such tribunals the Church would not be true to its mission, people would feel free to decide their own cases and, of course, this would lead to chaos!

 
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Last Modified :08/13/08 04:16 PM