3/27/2022

Last week I quoted the definition of the natural institution of marriage from page 7 of the USCCB’s pastoral letter “Marriage: Love and Life in the Divine Plan,” “Marriage is a lifelong partnership of the whole of life, of mutual and exclusive fidelity, established by mutual consent between a man and a woman, and ordered towards the good of the spouses and the procreation of offspring.” As you can see, there are a lot of conditions to enter into a valid sacramental marriage (marriage in the Catholic Church). Those who enter marriage with the idea that if it does not work, they can divorce and do it again, or Catholics who get married in a nonCatholic church without a dispensation or approval of the Church, enter into a marriage, but the Church does not recognize it as a valid sacramental one. The Church does, however, presume that non-Catholics who enter into a marriage which is recognized by their church are validly married unless or until proven otherwise (i.e. declared null).
The formal process of declaring a marriage null requires an examination of the state of the persons AT THE TIME THEY ENTERED INTO THE MARRIAGE. Were the married persons free to marry (e.g. was one or the other previously married)? Were both parties consenting freely? Did both parties know what was expected of each of them, and did they have the skills and maturity to accomplish those expectations? Were they open to having children? If any of these were not true at the time of the marriage, then it is possible that they would have grounds to have the marriage declared null, i.e. it is not a valid sacramental marriage. However, if all the requirements were met, then the marriage would be considered valid and no “annulment” could be declared. But who and how does one decide these things?
The Catholic Church has set up a court to decide these matters, along with procedures it must follow. It is called a Tribunal. Each diocese has one. After a couple has gone through a civil divorce, the spouse who desires the marriage to be declared null asks the Tribunal to examine the marriage for validity or nullity. He or she works at the parish level with a priest or someone trained to present their case. They eventually send their documents and testimony, along with a list of witnesses (and their contact information) who can corroborate the testimony. The other party in the marriage will be informed and have an opportunity to testify as well. In the end, a decision is reached and communicated to both parties.
There is NO COST for this process, except perhaps what one might incur in order to find witnesses or an ex-spouse and their contact information. There may have been some cost in the past, but that has changed: the diocese pays the cost of the process. If a marriage is found to be null (i.e. there was never a valid sacramental marriage), the children are not usually considered illegitimate – the marriage may have been civilly valid, but sacramentally invalid. It is a fine but important distinction. Finally, there is NO GUARANTEE of the outcome. If witnesses cannot corroborate the testimony, or if they indicate a case which is too weak or even that the marriage was sacramentally valid, then it is possible that no Declaration of Nullity is forthcoming. I have heard of it going both ways, though people usually don’t present to the Tribunal unless they think they have a good case.
The process can be difficult in trying to recall and painful in write down the details of one’s family life, courtship, and marriage at a younger age. It gives one perspective. One of the possible fruits of the process is that a person comes to recognize his/her responsibility in the divorce, and so can avoid making the same mistakes in the future. I have seen this happen. Writing things down allows time to ponder and make connections which one had not yet made. It is a process I would recommend for anyone who wants to try marriage again, or even heal from the terrible pain of going through a failed marriage.
I hope this helps you to understand how the Church views marriage, and how an “annulment” is not “Catholic divorce.” May we work to have our parishioners understand and enter into valid, successful marriages in spite of the culture we live in. May we find a way to help those who have gone through divorces to heal. I am willing to walk with those who would benefit from seeking an “annulment,” and in June am planning to assign Randy Holtman to this ministry after his is ordained in June.

Peace, Father Albert, O.S.B.