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The Respondents' Appeal
to the Vatican Rota
Before the publication of Sheila Kennedy's book, Shattered Faith, very few Respondents had complete information about the Appeal process. The Rota is an appellate court in Rome, and an Appeal to the Rota will more often result in preserving, or 'saving', the sacrament of marriage.
Addressing the Vatican Rota via an Appeal is a viable and worthwhile way in which Respondents may make a strong statement regarding their belief in the deep value of their marriage sacrament. Many Respondents who have corresponded with SOS/RoA&RS have indicated that they have gone through a very negative annulment experience and now would be interested in protesting the nullity decision via an Appeal to the Vatican Rota. The Appeal is also a means to confront the injustices being perpetrated on Respondents by the tribunals in the United States.
When the Tribunal of First Instance issues a "Decision of Annulment," they should inform you by letter that you have the right to appeal. They should tell you that either party may lodge an Appeal within a peremptory time limit of 15 working days from receipt of this decision. The party appealing then has one month to pursue this Appeal before the competent appellate court. What the Diocese may not tell you is that the better “competent” appellate court is the Rota in Rome. The local dioceses would prefer dealing with their next higher court in their region, than with Rome.
The next higher court is called the Tribunal of Second Instance, which must confirm the "Decision of Annulment" before the local diocese can issue the “Declaration of Nullity.” If a respondent appeals to an alternate appellate court, the First Instance Tribunal must seek confirmation from that alternate court. Rather than appealing to the regional appellate tribunal, SOS recommends that you file your Appeal with the Roman Rota, which will serve as the Tribunal of Second Instance. Here is the address:
Dean, Roman Rota, Piazza della Cancelleria 1, 00186 Rome, ITALY
Costs
1. In the Boston tribunal, as well a most tribunals, it may cost the petitioner $300 to file a petition to nullify the marriage sacrament, while Respondents filing an Appeal to the Vatican Rota are expected to pay $850. (The cost could be higher in other dioceses.)
2. SOS/RoA&RS was told by a canon lawyer that it costs the Rota about $10,000 per each annulment-appeal case that comes before the Rota. The cost and lengthy bureaucracy are the likely reasons why the Rota is taking so much time getting around to two of the Appeals filed from the Boston area, of which we are closely aware!
SOS Support
The Appeal process is a 'cornerstone' of SOS/RoA&RS. We offer Respondents a full guidebook, Respondents Guide to Catholic Annulments, which has detailed information on the Annulment and Appeal processes. We are willing to offer encouragement, support and information if you are interested in pursuing the Appeal process to the Rota. To obtain a copy of the SOS guidebook free of charge, send an email to: SOSRespondents@aol.com
If you have any questions, we will be glad to try to give you some guidance: SaveOurSac@aol.com.
We can give you the contact information of a recommended Canon Lawyer if you wish to have help with one who knows the Appeal Process very well. He does charge a fee for this.
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