My son, a Catholic, was married 3 years ago in a non-Catholic Christian church. The marriage produced one child. My son has learned that his wife has been sexually involved with an old boyfriend. Also, she has moved out of the family home and filed for divorce. At first my son was open to reconciliation, but that is no longer the case. He doesn't feel that he could ever trust her again. He feels that an annullment is appropriate before he could even consider an eventual marriage to someone else.

I read in one of these Catholic web sites (which I can no longer locate) that there are 2 types of annullments in the Church -- the traditional type, which involves some cost and time....and another "quick" (for lack of a better word) type for simple, cut-and-dried cases.

Is my understanding correct?

-- Mark Ottarski (Mottar752@aol.com), March 31, 2001

Answers

Response to Types of annullment

Jmj

Hello, Mark.

Your question cannot be answered with a simple "yes" or "no."
It is true that the majority of nullity cases are what you called "traditional" cases that can require one to two years.
And it is true that certain cases are handled much more quickly -- but it would be wrong to call these "cut-and-dried" cases. In my opinion, nothing so serious as this should be referred to with that label.

I'm sure that you are wondering whether your son's case is likely to be handled rather quickly. The answer is "probably yes" -- if you have accurately described the situation in your first sentence: "My son, a Catholic, was married 3 years ago in a non-Catholic Christian church."

If (1) he was a Catholic three years ago and (2) he never formally left the Church and (3) he did not have the bishop's permission to be married in a non-Catholic church ... then almost surely his "marriage" was invalid due to "lack of canonical form."
When all the facts (1, 2, and 3) are very clear and presented as undisputed to the marriage tribunal, I believe that they are able to issue a Decree of Nullity fairly swiftly. (I'm sorry, but I cannot give you an estimate of the time involved, which must vary from diocese to diocese.)

If your son renounced Catholicism at some point, or if the bishop gave permission for the wedding to be outside a Catholic church (with a designated Catholic witness), then the work of the marriage tribunal judges would be made more complex and extended in time. They would have to determine whether or not there was an impediment to a valid matrimonial consent on the day of the wedding. (The later improper actions by the woman would not be, in and of themselves, sufficient reason for the tribunal to make a Decree of Nullity.)

God bless you.
John

-- J. F. Gecik (jgecik@desc.dla.mil), March 31, 2001.