On August 15, 2015, Pope Francis issued two apostolic letters that have a significant effect on the annulment process. The first was Mitis et misericors Iesus by which the canons of the Code of Canons of the Eastern Catholic Churches regarding the nullity of marriage are reformed. The second, which pertains to the Roman Catholic Church, was Mitis Iudix Dominus Iesus by which the canons of the Code of Canon Law pertaining to cases regarding the nullity of marriage were reformed. These two reforms took place on December 8, 2015 on the Feast of the Immaculate Conception. While the process is not easier, as in the mere filling out of forms, the time it takes to complete the annulment process may be much briefer, depending on how long it takes to get witness-effective testimonies. The automatic appeal to the appellate court in San Antonio is no longer in effect. This will shorten the process by six months to a year after the tribunal’s decision of the case in San Angelo. Now in the ordinary process after the case has been decided at the level of the Tribunal in San Angelo and no appeal has taken place within the allowed 15 days after notification, then the case is completed.

In addition to the ordinary process, which has been how cases have been decided in the past, there is a new abbreviated process. The following factors must be present: a case is deemed by the Judicial Vicar to be an obvious case of invalidity due to certain circumstances in the marriage at the time of consent; both parties and the Defender of the Bond are in agreement that the marriage was invalid at the time of consent; and if all of the proofs can be gathered and the investigation process of the Tribunal can be completed within a thirty day period from the time the case was received by the Tribunal. When these three factors are in place, the case can be presented to the Bishop as the judge of the case. After hearing from all parties in the case and having reviewed the proofs, the Bishop can make the decision concerning the nullity of the case. If the Bishop decides the case in favor of nullity of the marriage, there is no appeal of his decision. The entire process must be completed within 45 days of the reception of the case at the tribunal. This process is not expected to be the normal process of most cases and will probably be used on rare occasions.

Another significant change is in what is called the “competent forum.” This refers to which tribunal a case may be tried in to determine validity. Now, a tribunal where the wedding was celebrated or where either the petitioner or the respondent lives or where the most proofs can be collected can claim competence in a case. One significant change here is that now cases where the wedding took place in another country and where the respondent lives in another country can now be tried in the Tribunal of San Angelo Diocese if the petitioner lives within the diocese. If you are aware of any cases that could not be tried in San Angelo in the past because of this factor, please help to have the case resubmitted here.

Pope Francis also asked that cost of trying an annulment should not be a barrier to anyone. While the requested fee is minimal, if a person cannot afford this fee, please discuss the matter with your pastor. The inability to pay the fee has never been a barrier to the tribunal accepting any case that is submitted to it.

While this is the Year of Mercy in the Church, the same standards of investigation of the case are applied to uphold the sanctity and the dignity of marriage as the Tribunal always seeks truth and justice for all parties – the petitioner, the respondent, and the marriage.

In the beginning of this article it was noted that the process is not easier. The most difficult part of the process is the writing of the story of the personal development of the parties and the story of the courtship and marriage. This is difficult because this often involves the opening of old wounds that people thought they had buried in the past. However, burying our hurts from the past never brings healing and peace. It only leaves us unsettled and causes other problems in our lives and relationships. It is through delving into the sore spots of the past relationship in prayer and offering the past to God while seeking healing and peace that many people who have found tremendous relief, healing, and peace while completing the annulment process. When people treat this as a merely administrative process that is what they get. When they treat this as an opportunity to ‘face their demons’ while seeking the grace of God they find the reality of God’s love for them and his eternal offering of mercy and peace.

To begin the annulment process, begin with prayer. Ask for the guidance of the Holy Spirit and for the strength to take each step in the process wrapped in the grace of God. Then contact your priest, deacon or parish office and ask for their help to begin the annulment. You may also wish to call the tribunal for advice or to answer questions you may have. Call us at 325-651-7500.