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Frequently
Asked Questions
Are
divorced persons welcome in the Catholic Church?
Divorce
is a civil procedure and does not affect an individual's
participation in the life of the Church unless that person
has remarried during the lifetime of the former spouse
without having obtained a declaration of nullity (annulment)
from the Church.
Does
my divorce mean that I am excommunicated from the Catholic
Church?
There is no penalty of
excommunication for divorce. Divorce itself is considered
neither right nor wrong. The church recognizes that it may
be a necessary step to determine civil, legal and financial
matters resulting from the termination of a marriage. As
long as a divorced person does not remarry during the
lifetime of the former spouse or without a Church
declaration of nullity (annulment), he or she may continue
to receive the other sacraments and participate in the full
life of the Church.
Does
God love a divorced person?
Jesus, who took a strong stand
on the permanence of marriage, also showed evidence of love
for the woman at Jacob's well, who had been married five
times. God loves the individual and reaches out to those who
are in pain, regardless of the source of that hurt.
Is
an annulment just a Catholic-style divorce?
No. The correct term for an
"annulment" is a "decree of nullity."
This states that the marital union has been thoroughly
investigated and found to be lacking in the essential
characteristics of a Christian sacramental union from its
beginning. The decree of nullity is a statement that a valid
sacramental bond did not exist, not that it did exist and is
now ended. If the sacramental bond did not exist, the
marriage in question can be declared ecclesiastically
non-binding. A civil divorce, on the other hand, is the
breaking of an existing legal and civil bond.
Is
it difficult to obtain a decree of nullity?
The process is a detailed one
that seeks to discover the truth regarding the
sacramentality of the marriage. It is a judgment made on
facts presented. People are encouraged to go through the
process as a healing and closing of a painful chapter in
their lives. Circumstances will make each case different,
but the basic process is the same in all cases.
Do
only Catholic marriages need to be declared null before a
second marriage? Only
a Catholic is bound to marry according to the form
prescribed by the Catholic Church (i.e. before a Catholic
priest or deacon and at least two additional witnesses)
unless dispensed from this requirement by the bishop or his
delegate. The
Church recognizes the marriage of two non-Catholics whether
they marry in their own church, another church or in a civil
ceremony as long as the ceremony is valid according to civil
law.
From the
perspective of the Catholic Church, therefore, non-Catholics
are considered to be married persons, unless the former
spouse has died or the marriage has been declared null by
the Catholic Church. Since the Church has the right to
determine who may be married in the Catholic Church, it can
make a judgment on the validity of the marriage of two
non-Catholics if one requests this in order that he or she
might be able to marry a Catholic in the Catholic Church.
Is
the annulment process like a divorce proceeding? The
members of the diocesan Tribunal are caring individuals who
try to be sensitive to the feelings of the persons involved
in this process. There is no cross-examination. Both parties
are offered the opportunity to give testimony by way of a
questionnaire and/or a personal interview, but they are not
asked to confront each other personally. Testimony is
taken in order to come to an understanding of the
circumstances of the relationship, not to place guilt or
blame for the breakdown of the marriage. An effort is made
to make the atmosphere one of concern and gentleness.
Is
a decree of nullity possible if the marriage was long and/or
resulted in children? The laws of the
Church concerning marriage determine when the Church can
recognize a marriage as valid. There are a number of grounds
for invalidity recognized by Church law and if any of these
are applicable and proven, the fact of consummation or
length of the marriage will not prevent the granting of the
decree.
After
a decree of nullity is granted, do the children of the
marriage become illegitimate? The children
were born of a legal, civil marriage. The decree does not
leave them illegitimate or orphaned. Church law provides
that children born of such a marriage are legitimate.
How
long does the process take? Although the
time varies from one case to another and from one diocese to
another, the process is usually completed within 8 to 12
months. Much of the time involved is used in collecting the
necessary testimony and documentation.
I
wish to being the process where do I begin?
You can contact your local parish priest, deacon, or lay
minister and they can instruct you on how to proceed or you
can contact the diocesan tribunal office.
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