Background

The history of annulment is rich with Biblical passages and references to theocratic doctrine.

Countless allusions to the hopes, practices, processes, and expectations of marriage are laid out in Canon law, marriage to be not only sanctified but also immutable, prior to any legal statutes constructed regarding the processes and practices of terminating a marriage, the notion of divorce did not exist.

However, due to the establishment of the United States as a democratic nation, the rules and legislatures that have been solidified are rooted in the interest of the citizens, not in any religious institution.

Although a citizen of the United States may choose to exist in a religious spectrum, both religious canon, as well as dogma, conflicts found in the annulment process.

Implications

As is in the case of any perennial doctrine, without amendments and modifications based on the needs and circumstances of modernity, such a doctrine is subject to an assumed status of tradition.

Had the Constitution of the United States disallowed for amendments, the ability of a citizen’s adherence to the laws expressed in its text would be difficult, if not unacceptable.

Without the amendments to the Constitution, everyday practices occurring in the United States would still include such atrocities as slavery, discrimination, and possibly tyranny.

In order to avoid a similar fate, the Catholic church established church tribunals, which are appointed to rule over cases that involve both secular and religious matters.

In order to both better provide for their followers, as well as retain the ability to exist within a democratic society, the Catholic church established this tribunal with the hopes of providing the best possible counsel that fuses legality with faith.

Although the Catholic church does not recognize the act of divorce, they wished to provide their followers of faith with the availability of an annulment; annulment allows for a church-sanctioned termination of the marriage.

Many detractors of the process of annulment have criticized its methods as archaic, as a result of their perception of religious dogma valued over ethics and human rights.

Process

As a citizen of the United States, a democratic nation, legal counsel. Should a decision allowing the annulment to be reached, the couple is urged to reconsider the termination of the marriage for 14 months; in addition, any subsequent marriages on the parts of the couple in question will not be recognizable by the Catholic church.

Criticisms for Allowing

The act of pursuing an annulment of marriage is an individual choice made by either member or both members, of the couple in question.

Akin to the couple’s desire to conduct their lives in a manner that values religious tenets, the choice to adhere to the practices and processes of annulment are matters of volition.

However, due to the inherent contradiction of the integration of religious ideals in tandem with legislation, as per the First Amendment to the Constitution, many detractors call the validity of annulment into question.

Yet, pursuant to the Fourteenth Amendment, which allows every citizen of the United States to their own life, liberty, and pursuit of happiness, custody of children, in a legal forum, the details, and history of the marriage oftentimes dictate both the disbursement of property, as well as the custodial rights of the parents.

Similar to the lawyer Catholic church “What God has joined, men cannot divide”: This quote is taken from the bible was interpreted by the Church to mean that a marriage cannot be dissolved by man.

The only proper way for a bond to end would be for God to choose death for one of the spouses. At the time of marriage, the couple becomes interlocked through a spiritual bond.

Divorce is only legal recognition of the dismissal of marriage. Although it divides assets and wealth, it does not break the eternal bond that the covenant formed.

The annulment is the only resource available that can void this bond. Annulments erase the sacrament of marriage, it dissolves them as if the marriage never took place.

“So they are no longer two, but one flesh. therefore, what God has joined together, no human must separate, unless the marriage is unlawful”: This line taken from Matthew 19:6, is perhaps the starting point for the creation of annulments.

Simply translated, Catholics believe Jesus was referring to a situation where a marriage never actually existed in the first place. The genesis of annulments arises from a situation where the marriage was contracted under false pretenses.

The laws of annulment are deeply rooted in the Catholic church and the bible. In regards to more modern history, the annulment underwent a minor facelift in terms of process, but not use.

During revolutionary times, northeastern American colonies passed laws enabling courts or legislatures to grant annulments. Conversely, English common law did not provide for an annulment, so the sentiment was mixed when the United States was first established.

Currently, most states offer annulments and those that do not provide courts to honor the laws regulating marriages that are not observed.

There are many misconceptions when it comes to annulments and their origin. Granted a wedding ceremony is a celebration, but it’s also a public display of a contractual obligation.

The process of a marriage annulment through the Catholic church can be tedious and lengthy.

Often times lasting over a year, there are a few distinct steps one should know before beginning the time-consuming trial.

First, you must decide if a marriage annulment is indeed the logical course of action. If children or considerable assets are involved the difficulty of obtaining a marriage annulment increases dramatically. In order to streamline the decision-making process, one must understand what the grounds for annulment are.

If there is a direct violation of church law, the process should go relatively smoothly. If your vows were exchanged under false pretenses or neither of you wanted to enter into a lifelong commitment then a nullity of marriage can be granted.

If a spouse never intended to have children and withheld that information a justifiable ground for annulment is achieved.

Other permissible reasons include-intoxication at the time of consummation, incest, bigamy, underage marriage, a marriage that didn’t take place at the Church, insanity, or infidelity. A marriage annulment will be accessible if any of these violations occur.

Once the ground for annulment has been established the process begins. To begin the procedure, the petitioner (an individual who is filing for the marriage annulment) will contact his/her parish or Tribunal, staff member.

When the religious administrator hears your case he will present you with an application. Unlike a civil ceremony, the documentation needed to begin this application or petition is a baptismal certificate, the current address of the former spouse, a fee of around $100, and lastly a marriage certificate.

After the documents have been filed, the petitioner will have an interview (or write a letter) with the religious administrator conducting the procedure.

The reasoning for this interview or letter is to lay out the grounds for the annulment and gather information regarding the couple.

The questions will encompass factors such as description of childhood and home life for both spouses, description of the dating process, details about how the decision to get married was reached, descriptions of problems and subsequent solution methods during the marriage, description of marital roles, and lastly description on how divorce was reached.

After the interview, the tribunal will contact both parties and reach a decision regarding the grounds for annulment.

If grounds for annulment are granted a witness list must be constructed by the petitioner before the formal trial begins. Witnesses include at least 2 people who were present during the time of consummation or who have a relationship with both parties.

At the formal hearing, both the witnesses and the petitioner will be questioned privately by the members of the tribunal. Once again, this is an information-gathering procedure used by the tribunal to determine if a marriage annulment should be permitted given the situation.

When all of the information is gathered through background checks and questioning the testimony will be gathered and sent to the court members. During this time the petitioner nor respondent are present at the hearing.

The representation will be given by an advocate and defender of the board (an individual who represents the actual marriage.) Once both sides present their case a judge will come to a decision and notify the petitioner and respondent within on average fourteen months.

According to Church law, when the annulment is being reviewed, neither couple can remarry. If the decision is unfavorable, a petition or appeal process is available to either party.

Like the trial itself, neither husband nor wife will be present at the trial for appeal. The decision will be sent by the judge to an appeal court and they will preside over the case.

Marriage annulments, although a laborious process can be necessary for some marriages. A firm understanding of the intricacies involved in the annulment process can provide a form of relief during a stressful time.