<p>In reply to post #141…</p>
<p>Well…I’m a Catholic with an annulment. So here are a few facts. </p>
<p>You cannot get an annulment in the US while you are legally married. You MUST obtain a divorce or legal annulment first. I’m not sure what JAM4 means by “cooperate.” If the other spouse simply fails to answer the mail or phone calls of the tribunal, in MOST cases, you’re better off and it will be EASIER to get an annulment. If the other party actively fights the annulment, a la Sheila Rausch Kennedy, it can make it very difficult and much more time consuming. </p>
<p>I live in NY, and took note of what my Jewish women friends do. It’s common in NY for a legal divorce to provide that the H will give the W a get. If he refuses to do so, the Court views this as a breach of the divorce decree and the H is subject to contempt penalties, like being jailed. So, my Jewish divorce attorney wrote a similar clause in my own divorce agreement. My ex-spouse agreed not to impede my quest for an annulment and to co-operate in the process. </p>
<p>As a result, if your state allows it, I would suggest that any Catholic that wants to seek an annulment consider including such a clause in the divorce settlement/decree. I would also suggest that a Catholic try to get one as soon as possible after the divorce and not wait to get one when you “need” it to remarry. I was a mess from the divorce, but felt strongly that I did not want to dredge up all the anger and bitterness years down the road. So, I started the annulment process within a week of getting divorced. Even with a couple of delays, the whole process took about 10 months. </p>
<p>Part of the reason for that is that I got help from the spiritual adviser at SDRC. SDRC stands for Separated, Divorced, and Remarried Catholics. It runs support groups. As I later realized, in many communities, SDRC is sort of an unofficial intake system for annulments. The priests who act as spiritual directors usually know one heck of a lot of canon law about annulments and/or know people who do. They figure out the grounds for you. So, if you know any Catholics who might want an annulment, I’d suggest that they check to see if SDRC has a chapter in their diocese. </p>
<p>In all honesty, I’m convinced that if you had a nightmare marriage, a good canon lawyer will find a ground that works. And there are MANY different possible grounds. </p>
<p>Moreover, at least in our diocese, you don’t have to pay the entire cost of an annulment upfront. You pay about half. Then a preliminary review is done. If you’re told that there do not appear to be grounds for an annulment and/or there may be but you do not have sufficient evidence at that point, you don’t have to pay the balance. So, the cost of finding out if you might prevail is usually only a few hundred dollars. (If you can’t afford it, the fee will be waived.) In our diocese, the VAST majority of cases *that proceed beyond the preliminary stage *DO end up resulting in annulments. </p>
<p>A lot of Catholics leave the Church without pursuing an annulment because they think (a)there is very little chance of getting one if you have kids; (b) they cost a lot of money; and/or (c)they render your kids illegitimate in the eyes of the Church. NONE of these is true. Unfortunately, many PRIESTS believe (a) or (b) or are simply opposed to the idea of annulments, so pastors often dissuade people from getting them. </p>
<p>Nobody should take their pastor’s opposition as the last word. If there’s a SDRC chapter, go to a meeting and ask for help. Alternatively, contact the Marriage Tribunal in your diocese directly—phone the diocese and ask how to contact the Marriage Tribunal.</p>
<p>I’m sure this is TMI for non-Catholics, but I’m a bit of a “missionary” on the topic for obvious reasons.</p>