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Isn’t an annulment just a Catholic divorce? No. An annulment is not a Catholic divorce, bur rather says that the marriage never met the conditions to be considered sacramental. If at least one criterion for sacramental marriage was not met then the marriage can be considered invalid and an annulment will be granted. The annulment process is often long, usually lasting about a year or longer; the people who make up the marriage tribunal for your diocese must perform extensive research in determining if an annulment can be granted.
The annulment process is often long, usually lasting about a year or longer; the people who make up the marriage tribunal for your diocese must perform extensive research in determining if an annulment can be granted
10.Does my ex-spouse have to agree or participate for an annulment to be granted? What is my ex-spouse is not Catholic and wants nothing to do with the process? What if I do not know where my former spouse is living? It’s not true that both spouses have to agree to petition to receive a Declaration of Nullity. Tribunal judges can hear the case, and grant an annulment even if the ex-spouse is against the idea of an annulment, or does not want to participate at all in the process. While it is always better for the case to have both parties as active participants, the case can proceed without the ex-spouse’s consent or participation. However, they will be notified by the tribunal that the case is proceeding, and will be given every opportunity to respond and participate. On occasion, a respondent cannot be found. The case can still proceed, and the respondent in that case is declared legally absent from the case. However, you will likely be required to make a good faith effort to provide a current address for your former spouse, or at the very least show what efforts you made in trying to locate him or her. On occasion there are situations in which a petitioner has a legal reason, such as a civil restraining order, to not want the other party to know of their whereabouts or to give them any information about themselves. In these circumstances, Canon Law Professionals can work with the tribunal to explore legal methods of protecting our client’s safety while fulfilling the requirements of the law.
4.Are there different types of annulment cases? There are different types of annulment cases, depending on the circumstances of the marriage. Some are easier and quicker than others. Documentary cases, which include Absence of Form and Ligamen cases, are the simplest type of case and usually take only a few weeks to process. The documentary cases are fairly easy because they can be proven simply with the presentation of the correct documentation. However, these processes are only able to be used under very specific circumstances. Formal cases require an extensive autobiographical essay, witness testimony, an interview, and possible review by an expert counselor, so they tend to be more difficult and often can take a year to eighteen months to complete once they have been filed. Cases that must be processed in Rome, such as Favor of the Faith and Non-Consummated Marriages, also take a considerable amount of time to prepare, in addition to the time the case takes for Rome to adjudicate. Canon Law Professionals can help you determine what the most appropriate type of case to file, and what documentation you will need to best pursue your case.
The burden of proving a case rests on the Petitioner, that is, the person who applies for an annulment.