Catholic Annulment

Q Is a Catholic annulment the same as a divorce?  

A The church presumes that any marriage is valid and has always disavowed divorces.  In the Gospel of St. Matthew, Jesus renounced divorces: “… what God has joined together, no human being must separate” (Mt 19:6).  But not all marital relationships meet the standards established by the Lord.  A Catholic annulment establishes that a valid marriage never existed in the first place.  That’s the difference.  If a valid marriage never existed, an annulment (a declaration of invalidity) can be granted.  

A Catholic marriage is “a total community of life and love, established by the personal, irrevocable consent of a man and a woman for the mutual support of the spouses and the procreation and education of children.”  If an essential element is missing at the time of the marriage, an annulment can be granted.  

These elements, according to Catholic understanding, include sufficient maturity, free choice and emotional capability on the part of the spouses, as well as other, more technical, elements.  The church office entrusted with this special ministry of evaluation is the Tribunal.  Internal church law, known as canon law, strictly governs its procedures, which can begin after a civil divorce is final.  Marital breakdown is always a painful thing, but many find the annulment process can lead to personal growth and healing.

So, what is the process of obtaining an annulment?

One should contact his or her church office (or the Tribunal Office at the Diocese of Baton Rouge) to begin the process.  A case sponsor (usually a priest or deacon) will be assigned to assist drawing up and sending in the actual petition.  The petition is accompanied by pertinent documents including marriage and divorce papers, baptismal certificates of any Catholic parties, as well as a detailed story of the marriage.  

At the Tribunal, an initial review is made to ensure there is sufficient reason to proceed with the case.  Additional information is usually collected from the former spouse, witnesses and possibly from the petitioner.  When needed, an interview follows with each of these parties to clarify issues and offer a chance for personal dialogue.  After weighing all of the facts, the Tribunal makes a decision.  Unless the matter is challenged by a formal appeal, the declaration of nullity is issued, if warranted.  

The information gathered in this process is confidential, available only to those responsible for that case and then only with special safeguards to protect the privacy of all concerned.  

At Pope Francis’ request, all annulment cases are now free.  The entire cost is borne directly by the Diocese of Baton Rouge and indirectly by its individual parishes.  

Deacon Hooper is a deacon assistant at Immaculate Conception Church in Denham Springs. He can be reached at [email protected].