Can a person obtain an annullment of marriage if the other party cannot be located or if their whereabouts are unknown or if any witnesses cannot be located? Please advise.

-- Robert Boggs (donbog1@aol.com), February 17, 2001

Answers

Response to annullments

Jmj

Robert,
I know for sure that a Decree of Nullity can be granted in cases in which one of the "spouses" is uncooperative (will not respond to invitations to testify).
I think, therefore, that it is logical to conclude that, after a good faith effort is made to locate the missing person, the process can continue without him/her. It would not be difficult to find out for sure by contacting the marriage tribunal (court) through your bishop's office (chancery), either directly or through your local pastor.
Here is what one canon lawyer (VR Kevin Quirk) wrote about a case of an unresponsive spouse:
"In the best of all worlds, the testimony of both parties is desired in order to get an accurate picture of the courtship, consent, and common life of the parties. If both parties participate, it is easier to discover the truth of what happened and decide whether a case of nullity truly exists. As we all know, the truth is often somewhere in between two parties, being exclusive possessed by neither one of them. However, for whatever reasons, sometimes one of the parties either refuses to cooperate or decides to be extremely uncooperative. In this case, this party’s right to be involved in the case must be protected while, at the same time, protecting the other party’s right to have their canonical standing clarified and to receive a definite answer from the Tribunal. Further, this definite answer should be received in a timely manner since 'Justice delayed is justice denied.' In some cases, if the Tribunal has duly cited or notified a party and has proof that the party has received this notice (often done by means of certified mail) and the party still refuses to respond, the Tribunal can declare that party absent form trial and proceed forward. While the absent party still has rights which must be preserved and protected, the Tribunal no longer allows that party to unnecessarily delay the trial."

God bless you.
St. James, pray for us.
John

-- J. F. Gecik (jgecik@desc.dla.mil), February 17, 2001.