:
All Respondents have rights by canon law, during the annulment process (see "Canon Law" page). For example, if your former spouse is seeking an annulment:
1) You have the right to select a tribunal to hear your case, as long as the tribunal is either a) where you are living now, or b) where you were married, or c) where most of the witnesses live, or d) where your ex-spouse currently lives. This is called "tribunal competency". (Canon #1673)
2) You have the right to an Advocate to ensure that your rights are protected, and if that advocate does not do well by you, you have the right to expect another assigned to you. (Canon #1738)
3) You have the right to read the evidence. (Canon #1598)
4) You have the right to appeal an annulment decision, (Canon #1628). SOS advisors counsel that Respondents appeal directly to the Roman Rota, not to what is called "the regional / second court of appeal" which is usually in the same state as the "first court" which tried to declare the sacrament annulled.
Unless each Respondent takes a proactive role in defending her/his marriage vows, the Catholic Church hierarchy will continue to assume jurisdiction (over what should be Respondent's canon law rights). [from "Did You Know The Catholic Hierarchy Is Annulling Protestant Marriages?" by Carole Bishop] (see "Ecumenical/ Other Denominations" page)
On the other hand... the following is from a website of Pro Se Publications; a group who sells annulment petition-forms online!: "The prevailing attitude among tribunal members seems to be that almost anyone who is divorced is likely to be judged as having sufficient grounds to successfully petition for an annulment...
Codifying the "lack of due discretion and lack of due competence"... gave the tribunal the basis necessary to grant an annulment of almost any marriage that is dissolved by a civil divorce decree." [http://www.cst.net/paralegal/annulment.html]
From our SOS perspective with that in mind, it appears that tribunals in the United States are almost exclusively concerned with the petitioner's request to nullify the sacrament. Many Respondents, some women but especially men, recognize the hypocrisy in the annulment process and thus choose to ignore Church policy; they simply do not participate in this process, and often leave the Catholic Church. But many more women Respondents have an naive trust in this 'church' process, and try to abide by tribunal 'annulment rules'. These Respondents are not aware that they only have very little chance to defend their sacrament successfully to the U. S. Catholic Church tribunals.
It is attitudes like the above that motivate SOS/RoA&RS action to offer the following helpful FACTS to Respondents.
What does the Pope think of U.S. tribunal annulment policies?
Pope John Paul II has written extensively that far too many annulments are 'decreed' in the United States (See "Resources" page). In 1968 four thousand annulments were granted; in 1984 after revision of annulment rules, sixty thousand annulments were granted (Boston Globe 10/26/84). This number of annulments continue to be 'declared' annually . Each year eighty percent of the annulments granted throughout the world are decided in the United States alone! (NCR, 10/29/99)
Roughly ninety percent of the annulments 'petitioned' for in the American Catholic Church are approved(S.R.Kennedy, Shattered Faith). In Italy, by way of comparison, only 37 percent are granted.
(see 'Pope Rejects New Theory on Marriage Annulments' on the "Resources" page)
Regarding the annulment process, it would be well for tribunals to:
- Acknowledge the very negative effect which the annulment process foists on children
- Distinguish between short-term marriages with no children, and those of several years+ duration
- Recognize that most Respondents are genuinely sincere members of the Church who respect their sacrament, whereas petitioners are those who clearly do not value their sacrament
The U. S. Bishops seem not to make these distinctions. Rather it appears that the tribunals in the United States are almost exclusively concerned with the petitioner's request to nullify the sacrament.
While the intent of the U.S. Bishops, after Vatican II, to reform the annulment process may have been one of intended compassion toward the annulment-petitioner, the reality is that those in the tribunal only made annulment an even worse experience for annulment-Respondents, very often innocent victims of both the divorce and then the Catholic Church annulment system.
Do tribunals make the following facts known to Respondents?From the following factual experiences by Respondents with the marriage tribunal in the Boston Archdiocese, you are invited to discern whether the annulment process in your own diocese is truly open and honest with Respondents. Is your tribunal defending the sacrament or is it using almost any excuse to promote the invalidation of the marriage sacrament?
Fact: The annulment process is cloaked in secrecy:
- The Respondent is not allowed to have a copy of the petitioner's accusations against the marriage sacrament before "responding" to the petition!
- The Respondent is not allowed to read the statements made by the petitioner's "witnesses" against the Respondent and the marriage if the witnesses decide to keep their accusations hidden!
- The Respondent is not allowed to bring along a supportive individual when he or she meets with the 'presiding judge'. This creates an environment conducive to allowing the judge to inflict verbal and emotional abuse on the respondent , as happened in documented cases (see Boston Herald '97 article on the "Resources" page)
- The Respondent is not allowed to have a recorded copy of his or her 'Hearing' with the 'presiding tribunal judge' or even a copy of the transcript of ones own words from this 'Hearing' with the 'presiding tribunal judge'... even though the judge tapes the 'hearing'. (see Boston Herald '97 article on the "Resources" page)
- The Respondent, who is attempting to defend the marriage sacrament, is not allowed to meet with the 'Defender of the Bond', usually a priest selected by the tribunal, even though he too is purportedly "defending" the same sacrament. [Note: these "Defenders" fail in their stated purpose nine out of ten times, since 'roughly 90% of annulments petitioned-for are granted'!]BTW: We wonder how they could enforce the mandated "silencing"? They can't, if Respondents don't so readily "obey"!
Question: Is the tribunal's request for 'confidentiality/secrecy' their only defense against the real possibility of a civil court suit for defamation of character, etc.? (see "Resources" page/ "Annulment Procedure Under Fire") BTW: We wonder how they could enforce the "mandated "silencing"? If Respondents don't so readily "obey", they can't !
Fact: Use of witnesses 'against the marriage' is an extremely adversarial, non-pastoral and divisive aspect of the annulment procedure.
Fact: The witness questionnaire is written in a biased manner because each witness is led to write negative observations about the marriage and the Respondent. Even though annulment is supposed to be based on the 'moment of the vows', witnesses often did not know the couple at the time of the wedding vows.
Fact: Tribunals often place the responsibility for the lack of sacramentality on the respondent, unless he/ she speaks up to defend the sacrament.
When the tribunal places this responsibility on the petitioners these individuals often find they have to fabricate the truth negatively about their spouse, the Respondent, in order to respond to the expectations of the tribunal.
Fact: The Respondent must meet with a male 'advocate' whom she has not chosen and who is a stranger.
Fact: Petitioners in Boston pay just $300. to initiate the annulment process, but it costs the Respondent $1200. (in lira!) to appeal the Rota to judge the local tribunal's "first instance" annulment decision.
Fact: Those in the annulment business, usually male celibates, repeatedly state that "annulment has no effect on the children". This statement underscores a denial and ignorance intrinsic to the entire annulment procedure. In fact, when the tribunal decrees that the children were not the result of a valid and legitimate sacramental marriage there are many reports of devastating reactions in the children (see "Contact Us" page).
Fact: Tribunals state publicly that they defend the indissolubility of the marriage sacrament, yet at the same time mandate the nullification of 60,000 marriage sacraments each year. Many young adult children of the 'annulled' who observe this type of hypocrisy are leaving the U.S. Catholic Church.
Fact: Tribunals state that annulment is not "Catholic divorce" yet the purpose of annulment is ultimately to facilitate the process for one of the parties to be free to marry again.
Fact: The denial of the reality of a sacramental marriage by the tribunal is one of the primary reasons why 90% divorced Catholics refuse to participate in the annulment process. They do so out of conscience and integrity, even though if remarried they risk being denied the sacraments by their refusal-of-conscience.
"Annulment is now a form of divorce in every way but name, and the church (hierarchy) refusal to acknowledge this is deeply corrupting. Moreover, the Catholic annulment procedures hurt children, are cruel to former spouses, force applicants to misrepresent the past, mock well-meaning priests, and drive many thousands out of the church. It is a disaster."-James Carroll, Boston Globe 5/13/97
- S.O.S. welcomes all case-histories of annulment in order to help others facing this process.
- All names are kept anonymous (see "Contact
Us" page)
