The Very Rev. Msgr. Ronald P. Simeone, S.T.B, J.C.L., Judical Vicar
Phone: 401.278.4666
The Diocese of Providence offers this information to the faithful whose marriages have ended in civil divorce and who may feel that their marriages were never, in fact, true unions according to the sacramental theology of the Catholic Church. It is our hope and prayer that the reconciling presence of the Lord can be offered to those who feel alienated because of a broken marriage.
What is a church annulment?
A Church Annulment is a declaration from the Catholic Church in a particular Diocese that a specific union, presumably begun in good faith, and thought by all to be a marriage, was, in fact, not a true union according to the teachings of the Catholic Church. Each and every marriage (Catholic, Protestant, Jewish, non-believer, etc.) is presumed to be a true marriage. The good of all concerned demands this presumption.
Reasons for an annulment
The purpose of the annulment procedure is to serve one’s conscience and spirit and to reconcile persons to full sacramental participation in the community of the church.
The role of the tribunal
The Providence Tribunal, a staff of specially trained and experienced priests, religious, and lay persons, offers assistance to people who request that the church study a marriage in order to determine whether or not there is any possibility of an annulment. The Tribunal investigates the marriage and proceeds to a decision.
By Church Law, the Providence Tribunal will accept cases when the request comes from someone married in Rhode Island or if the other marriage partner (Respondent) resides in Rhode Island. The Tribunal can also accept a request from someone residing in Rhode Island without meeting the two former conditions. In these cases, the Tribunal must consult the Respondent’s Diocese before proceeding.
If it is not possible to accept a request for a Church annulment, because there are not apparent grounds acceptable in Church (Canon) Law, or no proofs to document the possible grounds, a detailed explanation, together with appropriate references for proper pastoral guidance and direction will be given to the Petitioner.
Phases in the Annulment Process
Phase One: The Petitioner – the person seeking an annulment - begins at the parish level, working with a priest, deacon or religious on the Tribunal’s Referral form. The parish representative will then provide the Petitioner with a longer questionnaire that gives him or her an opportunity to elaborate on the reasons for the alleged nullity of the marriage. Certificates of baptism, marriage, divorce, names of witnesses and other information will be required. The Respondent – the former spouse – is then contacted to give his or her testimony regarding the marriage.
Phase Two: A Judge of the Tribunal reviews the case in a formal hearing or a reading of the information presented. Tribunal counselors may interview the Petitioner. If the former spouse has not yet responded, he or she is contacted again.
Phase Three: The written decision of the Priest-Judge is formulated. Parties are then notified.
Phase Four: According to the Code of Canon Law, a favorable decision cannot be acted upon until it has been reviewed by the Court of Appeals. The Providence Tribunal will pursue this review process, on behalf of the parties. Both the Petitioner and the Respondent may call for an appeal if they disagree with the initial finding.
Phase five: Petitioners and Respondents meet with a Pastoral Counselor. Decrees will be presented and explained. Conditions or restrictions will be discussed.
Frequently Asked Questions
• Who may apply for an annulment?
• How long will the annulment process take?
• How much does this cost?
• How soon after divorce can I seek an annulment?
• How is my ex-spouse involved?
• What are witnesses?
• Does this affect civil proceedings?
• Does an annulment affect the legitimacy of children?
• Does the Catholic Church allow remarriage?
• Is it really worthwhile?
• Is a divorced person excommunicated from the Church?
• Can a divorced person receive communion?
Who may apply for an annulment?
Any divorced Catholic has the right to ask for an investigation of a previous marriage by the appropriate tribunal of the Catholic Church. Any non-Catholic divorced person remarried to a Catholic, intending to become a Catholic or intending marriage to a Catholic has the same right. Only a party to the marriage, however, may apply.
How long will the annulment process take?
Requests, once accepted, are heard on a first come, first served basis. The sooner the case is completely documented, the sooner the case is considered. The average time is twelve to eighteen months for the process to be complete.
Among the practical factors that prolong the process are:
• Your cooperation in completing the marital history
• The cooperation of your witnesses in submitting their statements
• The cooperation of your former spouse
• The difficulty in obtaining medical records that may be required or very helpful in assisting the Tribunal in making its decision.
How much does this cost?
It is often said, by persons who know little or nothing about the revised procedures of Tribunals, that one needs a great deal of money to begin an annulment. Money is not a significant consideration in a marriage case. We ask those who avail themselves of the services of the Tribunal to offer a $100 filing fee when the case is initiated, $200 when the questionnaire is submitted, and an additional $200 at the conclusion of the procedure to help defray the expenses incurred in the office, such as salaries, mailing, stationary, and phone. One’s ability or inability to offer this stipend in no way affects a petitioner’s ability to seek an annulment, the progress or the outcome.
How soon after divorce can I seek an annulment?
The policy is not to accept any request for a marriage that has not received a final divorce decree. Only after the final decree is in effect can the Tribunal be approached.
How is my ex-spouse involved?
It is a requirement of canon law that your former spouse be informed of the investigation and given an opportunity to participate in the investigation. You will not be required to have any direct contact with your former spouse during this process. However, the Tribunal is required to have direct contact with your former spouse. If your former spouse chooses not to cooperate or participate in the investigation, your application for an annulment will still be considered.
What are witnesses?
In a formal case process witnesses are necessary. Persons proposed as witnesses can be nominated by either of the spouses of the marriage. They are not simply character references. These people must be willing to be interviewed confidentially by the Tribunal about what they know about the marriage or respond in writing if at a distance. They must have some knowledge of the marriage under question.
Does this affect civil proceedings?
There are absolutely no civil effects to a Church annulment in the United States. It does not affect in any manner the legitimacy of children, property rights, inheritance rights, change of names, adoption, etc., nor
is there any attempt in this process to impute guilt or to punish persons.
Does an annulment affect the legitimacy of children?
NO! Children are a gift from God. The law of the Church states that children born of a marriage that is later declared invalid are legitimate. Children cannot lose their legitimacy.
Does the Catholic Church allow remarriage?
Permission to remarry in the Catholic Church can, in no way, be guaranteed before the completion of the entire process of study and formal proceedings, including a review by the Appellate Court. Diocesan policy forbids arrangements for future marriages to be made before that time. The Tribunal cannot be responsible for arbitrary promises made by any priest, religious or layperson.
In some cases, there may be conditions which either or both parties must fulfill before a Catholic Church marriage can take place. The Church wants to be reasonably certain that the same factors that caused the invalidity of the previous marriage are no longer present.
In some cases, for example, the Tribunal might require professional counseling or evaluation by a priest or counselor to verify that both paries are properly disposed for a successful marital union.
If an annulment is granted and there are no restrictions attached to it, preparation for a subsequent marriage in the Church may be started within the local parish.
Is it really worthwhile?
For many, going through an annulment process may involve some painful or anxious moments, as this process often involves aspects of unresolved grief. However, it can be a pastoral and therapeutic process while still being a canonical procedure. Many applicants find that the process itself, and the sensitive approach of tribunal staff, can be an experience of healing and an opportunity to find freedom from the debilitating memories of the past.
Moreover, whether a decree of nullity is issued or not, the decision may bring peace of mind to the parties who have been wondering or questioning whether the Church would regard the marriage in question as valid or invalid. Naturally, a decree of nullity brings many persons the satisfaction of being able to celebrate a planned marriage in the Catholic Church, or to have another marriage (already entered) validated by the Church. But even those applicants who petition unsuccessfully for a decree of nullity can at least make their future plans with a clear understanding of their marital status as best the Church can judge.
Is a divorced person excommunicated from the Church?
NO! A Catholic is not excommunicated when he or she is divorced. A divorced person is fully and completely a member of the Church.
Can a divorced person receive communion?
Yes. There is nothing itself that prevents a divorced Catholic from receiving the Eucharist and the Sacrament of Penance. It is only a marriage or remarriage outside the Church that would affect receiving the Eucharist.
