What happens in a contested annulment?

Answer 1

An annulment is not a form of "Catholic divorce". An annulment is a statement that a "Sacrament" was not exchanged between two parties. Therefore the annulment seeks only evidence prior to the exchange of vows, and has nothing to do with what occurred during the marriage. However, evidence of behavior during the marriage may be used to extrapolate what might have been true of the parties at the time of the marriage. For example, personality disorders may first manifest clearly after the wedding, but these generally arise years earlier. It does not deny the fact that there had been a civil bond, nor are any children born of that union considered illegitimate

The party requesting the annulment is "the petitioner" the other party is "the Respondent" each party has access to a "canonist" usually the parish priest". The petitioner is given a form to fill out, and forms for 5 witnesses are included in the package. (The witnesses must have known the parties prior to the exchange of vows, or be able to describe conditions during the marriage which point to problem which arose before the wedding.) After the first meeting with the petitioner, a similar package is sent to the Respondent. They are at that point informed that they have the opportunity to contest the procedure, agree to the procedure, or ignore the procedure. They are also offered the opportunity of engaging a "canonist"

In some dioceses, the petitioner is required to undergo a psychological examination by a diocesan appointed professional. The petitioner is responsible for the fee. The observations of the professional are submitted to the Tribunal (the diocesan court). The tribunal may request a psychological examination of the respondent.

After the paperwork has been completed (TYPE the forms, if not the secretary has to transcribe the documents before they can be submitted to the judge). The witnesses are not usually required to face anyone, but if their testimony is required, they would meet a judge, who would record their testimony. This would be transcribed and included with the other paper work.

The "Tribunal" is composed of three canon lawyers. One representing the petitioner, one for the respondent, and one who will argue the case for the sacrament of the "bond of marriage."

When a decision is reached the case is sent to the "court of second instance." The paperwork is reviewed without knowledge of the outcome of the original decision, If agreement is reached between the original decision of the Tribunal and the court of second instance the annulment is either granted or denied. Should the two courts not agree, the case is translated into Latin, and sent to the court in Rome for the final decision.

All fees collected usually go to pay the salary of the lay people involved in the process. The priests involved are not paid for their services. The fee is set by the diocese, and vary from diocese to diocese.

If a person is cannot afford the fee, questions may be asked as to salary, child support, other financial obligation, ability to pay on an installment basis. The inability to meet the standard fee, in no way should affect the decision of the courts.

Answer 2

It can depend on your jurisdiction, but as a rule you go to court. What most people don't know is that annulments usually involve a finding of fault. That is why many people just go with the no-fault divorce, where available. In states such as Texas it involves the finding of some sort of fraud when entering into the marriage. So a person thinking they are being nice can sign off on annulment papers and then later find they have a judgment against them for what amounts to dishonesty. The frauds can include, but are not confined to, such things as a hidden prior marriage and/or hidden impotency.