Need help with the annulment process in US for a catholic marriage in Europe

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I need some advice in applying for an annulment for my wife's previous catholic marriage.

As a quick background, she is a citizen of a western European country and she was married years ago to another citizen of the same country in a catholic ceremony. Both her and her ex-husband were baptized but I believe unconfirmed Catholics (at least she is unconfirmed). Her ex-husband and her dated for approximately 10 years straight before marrying. Within a year of their marriage her ex-husband left her with the excuse that he didn’t love her and that he’s not sure if he ever did. He then left her and moved in with his new live-in girlfriend which I believe he is still with. For one reason or another their civil divorce took almost two years to conclude and she was civility divorced when we began to date. She initially investigated getting an annulment and was told that she had a good case buy an attorney that was certified by the Rota but she could not afford to pay the fees for the annulment at the time. I’m a baptized Catholic but also unconfirmed and have never been married.

To make a long story short (sorry for the long winded intro) we fell in love and married in a civil wedding about two years after her divorce. Because of my lack of beliefs at the time and because of her age I wanted to get married quickly to start a family – plus I did not have the money to pay for her annulment in Europe.

A year has gone by since or civil marriage and she is again interested in starting the annulment proceedings. However, we live in the western US and we still do not have the approximate 6,000 euros (about $7,200) to start the proceedings in her home archdioceses. According to the archdiocese, we need to hire a rota admitted attorney that will take her case and it will take approximately three years. The ex-husband is not opposed to the annulment because he’s basically an atheist and couldn’t care less what we do or how the Church decides. What he does completely refuse to do is help pay for the annulment because he has stated that he doesn’t care what the Church decides because he is divorced and that is all he cares about.

My question is two fold, first is it possible to ask for annulment in the US when the marriage happened in Europe? and does the fact that we civilly married before a grant of annulment effect the annulment process?

I have called my archdiocese and asked them if they could take the case and non-priest in one of the administrative offices said yes as long as I paid $500 and the witnesses at the wedding are in the archdiocese. When I asked if they had to be resident or just present the person said they were not sure. In her situation there were four Americans at her wedding that live outside of the archdiocese that said that they are willing to testify but I’m not sure if this is enough.

Before, I call back I want to make sure that I know what the general rules are in our situation so that I can ask the proper questions. Could anyone give me some advice on how to deal with this situation? Is there anyway to avoid having to go to Europe to do the annulment?

Additionally, is it true that we may go to the sacrament of reconciliation if we have officially applied for the annulment? I was told yes by the same person and because that sounds strange to me I thought I ask about it in addition.

-- John (Eaglerider@cox.net), July 04, 2004

Answers

Canon 1673 The following tribunals are competent in cases concerning the nullity of marriage which are not reserved to the Apostolic See:

the tribunal of the place where the marriage was celebrated;

the tribunal of the place where the respondent has a domicile or quasi-domicile;

the tribunal of the place where the plaintiff has a domicile, provided that both parties live within the territory of the same Episcopal Conference, and that the judicial Vicar of the domicile of the respondent, after consultation with the respondent, gives consent;

the tribunal of the place in which in fact most of the evidence is to be collected, provided that consent is given by the judicial Vicar of the domicile of the respondent, who must first ask the respondent whether he or she has any objection to raise.

It sounds as though the U.S. archdiocese was attempting to qualify under rule 4°. If you could get the ex-husband to be the petitioner (even though you could still pay the fees), it would seem that you could qualify under rule 2°.

-- Mark (aujus_1066@yahoo.com), July 04, 2004.


John,

Your present "civil marriage" will not affect the annulment process. That you have four witnesses in the US is very good - they do not need to be resident in the Archdiocese in which you apply for the annulment.

Hope that's helpful.

-- Fr. Mike Skrocki, JCD (abounamike@aol.com), July 05, 2004.


Thank you.

-- John (Eaglerider@cox.net), July 06, 2004.

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