What exactly is required for an annulment?

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My girlfriend has been married for 4 years legally and has not seen her ex-husband in the past two years and just got a legal divorce. He was a drug addict before and after the marriage and lied about much of it before and after. If she did not know his true involvement with druges before they got married would this be grounds for an anullment in the Catholic Church?

Thanks.

-- Paul McIntyre (pmcint01@yahoo.com), May 21, 2003

Answers

Response to What exactly is required for an anullment?

Jmj

Hello, Paul M.
I believe that an addiction to a drug (or hiding the addiction) is not, by itself, something that would be an impediment to marriage or something that would necessarily prevent the giving of valid consent. However, such things could very well point to the existence of other invalidating conditions which would be grounds for a tribunal to grant a declaration of nullity.
I suggest that you review these common grounds and then take your friend to speak to a priest -- even if the linked page does not mention anything that seems pertinent to her case.

God bless you.
John

-- J. F. Gecik (jfgecik@hotmail.com), May 21, 2003.


Response to What exactly is required for an anullment?

Dear Paul,

John's answer is solid. The particular grounds for investigation would be discerned once the appropriate tribunal personnel were consulted. A priest would point you in the right direction.

Karl

-- KARL (parkerkajwen@hotmail.com), May 21, 2003.


Response to What exactly is required for an anullment?

My girlfriend has been married for 4 years legally and has not seen her ex-husband in the past two years

if by married legally you mean in a legal ceremony as opposed to a church then you might have some starting grounds in an annulment case right there

-- paul (dontsendmemail@notanaddress.com), May 21, 2003.


Response to What exactly is required for an anullment?

dang, i dont answer annulment questions anymore... ignore that last post please.

-- paul (dontsendmemail@notanaddress.com), May 21, 2003.

Response to What exactly is required for an anullment?

Paul McIntyre, I disagree with John G. and Karl. Drug addiction is a mental (as well as physical) condition. If your girlfriend's ex-husband was mentally impaired by his drug use, this would definitely be a factor in the preparedness for entering into a marriage covenant as a mature adult. Emotional maturity is a major factor in a tribunal review of marriage.

Talk to your priest about the situation. He can advise you.

Good luck and God bless.

-- john placette (jplacette@catholic.org), May 22, 2003.



Response to What exactly is required for an anullment?

Dear John P,

You just have to know by now that when John G and I agree there is just no way around it. It is just one or two steps down from infallible. All that remains is for us to get the Pope to say it with us.

Karl

PS Said with a smile!

-- Karl (Parkerkajwen@hotmail.com), May 22, 2003.


Response to What exactly is required for an anullment?

Jmj

Hi, John P. You wrote [with my emphasis added]:
"I disagree with John G. and Karl. Drug addiction is a mental (as well as physical) condition. If your girlfriend's ex-husband was mentally impaired by his drug use, this would definitely be a factor in the preparedness for entering into a marriage covenant as a mature adult."

Notice your word "If". It was wise of you to state it in this way, rather than to say definitively, "Your girlfriend's ex-husband was surely impaired ..."
John P, by using the word, "If," you left open the possibility that the drug did not impair his judgment and ability to exchange consent.

Now let's look at what I said previously [again, adding emphasis] ...
"I believe that an addiction to a drug (or hiding the addiction) is not, by itself, something that would be an impediment to marriage or something that would necessarily prevent the giving of valid consent."
I intentionally inserted those "bolded" words to indicate that the drug use MAY have "prevent[ed] the giving of valid consent" but MAY NOT have. I think that chances are pretty good that the guy's judgment was impaired, but I can't assume that.

To put it in other words, John P, I don't think that you and I "disagree" after all.

God bless you.
John

-- J. F. Gecik (jfgecik@hotmail.com), May 22, 2003.


Response to What exactly is required for an anullment?

Doggone it! In quoting myself, I intended to put the word "necessarily" in bold type, thusly ...

"I believe that an addiction to a drug (or hiding the addiction) is not, by itself, something that would be an impediment to marriage or something that would necessarily prevent the giving of valid consent."

Please re-read my subsequent comments, in light of this.
JFG

-- J. F. Gecik (jfgecik@hotmail.com), May 22, 2003.


Response to What exactly is required for an anullment?

Well I guess none of us will qualify for infallibibly. Maybe that's why in 90 percent of the pictures I see of the Pope, he is praying. Have a great day, God Bless, John

-- john placette (jplacette@catholic.org), May 22, 2003.

Response to What exactly is required for an anullment?

The tribunal office will make its best effort to contact the ex- husband. If he is not found, or is contacted and does not respond the annulment is pretty much a lock. There are two ways then to procede. One is to heap the blame on the ex-husband since he will not be able to refute the testimony if he does not participate for whatever reason. The other is for your girlfriend to heap blame on herself and get other to testify agreeing with her. The cherries the Tribunal has to pick from are defective consent and lack of due discretion. There are many other grounds to chose from, but those two are the easiest.

-- Lester Morgan (e5airfoce@yahoo.com), May 22, 2003.


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