By Jennifer Mauro | Associate Editor
Seeking an annulment in the Catholic Church can be emotionally difficult, but the Diocese of Trenton has qualified staff available to help every step on the way.
That has been just one message the diocesan Office of Canonical Services and Tribunal has been sharing across the Diocese for the past five weeks – and one in which the 20 or so gathered March 29 came to hear in St. Barnabas Parish, Bayville. Throughout the month of March and into early April, the diocesan office has held bilingual information evenings in parishes throughout the Diocese in order to inform and dispel misconceptions on the annulment process.
Msgr. James Innocenzi, judicial vicar and director of the diocesan Tribunal – the Church court of the Diocese – told those assembled that the Church has long been faced with a key challenge in ministering to those who had divorced: “How do we affirm and live the teaching of Jesus about one marriage for life, and balance it with the compassion, call and challenge Jesus showed to the people like the woman at the well?”
Explaining the concept of consent, Msgr. Innocenzi said, “The Church cannot make null a union that was once valid, but can only declare that something basic to the marriage was missing from the beginning.”
“If consent is not given, no permanent marriage bond results,” he said, citing examples of what the Church calls “defective” consent, such as if one or both parties faced force or fear, or were unable to understand the obligations of marriage.
He went on by giving specific examples, such as a couple getting married by a justice of the peace. If one spouse is Catholic and did not get the bishop’s permission for a civil marriage and no priest officiated, the marriage would be considered null because Church requirements were not observed, he said.
To explain how a person did not or could not give consent, he provided the following example:
“Let’s consider Helen and Harry. They’re getting ready to marry. Helen wants children; Harry doesn’t, but he won’t tell Helen, or else she won’t marry him,” Msgr. Innocenzi said. “Once married, Harry keeps putting off having children. … She gets the message rather soon that he won’t ever agree to children. The Church teaches that one spouse cannot restrict the other’s right to the natural marital act. Yet Harry won’t ever agree to unite sexually with Helen unless one of them is using a contraceptive.
“So, on the wedding day, Harry did not give consent to procreate children, something basic to marriage,” explained Msgr. Innocenzi, who has spent 40 years in the diocesan Tribunal.
Clearing Up Misconceptions
On the subject of children, Msgr. Innocenzi noted how many couples are concerned with what an annulment means for children born within the marriage.
“Children born of marriage later declared null do not become illegitimate. They are legitimate if the spouses entered the marriage thinking it valid, regardless of any later finding about the marriage,” he said, adding that annulment addresses the sacrament of marriage.
A slideshow was presented that explained the terminology and steps anyone seeking annulment would face. The process, which typically takes at least a year, begins by meeting with a parish priest, deacon or annulment advocate, as well as completing paperwork, including a detailed personal history.
“This is probably the most difficult thing you’ll have to do,” Roseimelda Moore, administrative assistant and ecclesiastical notary in the Tribunal, said of the personal history form. “It’s very difficult to remember and reflect on everything in one’s life in one sitting. It’s like writing an autobiography.”
The form asks for information about one’s immediate family; a person’s dating and medical history and likes/dislikes; similar information about one’s spouse; courtship and engagement; day of marriage; responsibilities, hopes and problems within the marriage, and life after divorce. Due to breadth of the information, both Moore and Msgr. Innocenzi urged those seeking an annulment to take their time.
“I can’t stress this enough,” Msgr. Innocenzi said. “Take it slow; take it a couple steps at a time. This is a significant part of your life – you’re not going to remember everything at the first sitting. You’re not going to remember everything the first month. It needs to germinate.”
In addition, the petitioner – the person seeking annulment – will also need to complete a summary petition form, which is a formal letter asking the Tribunal to consider the annulment. This paperwork includes the facts the petitioner believes supports his/her claim for annulment. The ex-spouse will receive a copy of this form, which is why the petitioner should do his/her best to be amicable, both Moore and Msgr. Innocenzi suggested gently.
“I want to stress the importance of making a bona fide effort of locating the respondent,” Msgr. Innocenzi added, referencing the former spouse. “If the respondent finds out after the fact and poses an objection, the annulment judgment can be rescinded and the petition would have to begin an entirely new process.”
The forms, as well as documents of birth, marriage and divorce, and a $50 filing fee are all part of the beginning phases of the annulment process. After a Tribunal judge has been assigned, other phases of the process include the petitioner contacting the former spouse – or showing that an honest attempt at contact has been made; separate interviews with both spouses; deposition of witnesses, who will be notified by mail; review; the judge’s decision, and appeal, if needed. Additional fees can range up to $600, though the amount represents only about half the actual cost, with the Bishop subsidizing the other half. Those with financial difficulties can also contact the Tribunal for help.
Moore stressed that diocesan staff – including Evelyn Aguiar, Tribunal office manager who also attended the information sessions – are available to help at any step.
Importance of Time
Explaining the role of a witness, Moore said anyone who knew the petitioner before, during and after the wedding is ideal. The prospective witness, she said, needs to be able to testify to the petitioner’s marriage and answer the question, “Were you ready?”
Msgr. Innocenzi said parents make good witnesses, relating a story of how one father of the bride had so many misgivings, he mailed himself a letter detailing his doubts during the time of the wedding. When the marriage ended and the father found himself being a witness for the Tribunal, he presented as evidence his own postmarked letter.
Each of the annulment information evenings provided those in attendance with an opportunity to talk one-on-one with Moore, Msgr. Innocenzi or the several annulment advocates on hand from nearby parishes.
Annulment advocates are trained by diocesan staff over the course of several months. The next diocesan training session is set for fall 2017; those interested are encouraged to discuss the topic with their pastor.
Moore said it was important to hold the sessions – which began March 2 in St. Mary of the Lakes Parish, Medford, traveled to parishes including St. Ann, Lawrenceville, St. Thomas More, Manalapan, and Mother of Mercy, Asbury Park, before concluding April 6 in Our Lady of the Angels, Trenton – because many find the annulment process a mystery.
“We’re trying to bring the entire process to light and want to bring people the inner peace and harmony they deserve,” she said.
In addition, she stressed the importance of not delaying an annulment. “Too many individuals wait too long and lose their evidence or witnesses.”
For more information, contact Moore at 609-406-7434; rmoore@dioceseoftrenton.org.