Question:
I'm asking this for a friend of mine, Mr. X, who does not have internet service and his English is limited.
Mr. X and Mrs. Y were married 23 years ago in Mexico. Two children were born in Mexico and four in the U.S. The four children in US were baptized in St. M's Catholic Church. All six children made their first communion and confirmation at St. M's.
After 12 years of marriage Mrs. Y filed for divorce to the shocking surprise of Mr. X. She accused him of infidelity and other things. Mr. X did not want the divorce. However, one month after the divorce Mrs. Y married Mr. Z, in a civil ceremony and Mr. X found out that it was Mrs. Y. who had being fooling around while still married.
Since they both continue to live near St. M.'s, Mr X and Mrs. Y, with her "husband", attend Mass at St. M.'s. All the parishioners know of the situation. Mr. X has remained faithful, never dates and is active in parish life. He knows he can receive communion as long as he remains celibate. Both Mr. X and Mrs. Y see each other at the church, but never converse and Mr. X gets to see his children at times after Sunday Mass in the Parish Hall during breakfast. He is faithfully paying child support but Mrs. Y does not permit the children to spend any days or nights with Mr. X.
Mrs. Y and Mr. Z. are also active in helping around the parish, are very buddy-buddies with the new pastor, but don't participate in any ministry. Now, Mr X heard a rumor, and was substantiated, that Mrs. Y and Mr. Z are going to get married in the Church in October, as Mrs. Y obtained an annulment.
Now this is the question posed by Mr. X. He knows that for an annulment only one party needs to agree to it but he thought both would have to be interviewed by the Tribunal, or at least Mr. X thought that he should have received some type of notice on the pending annulment. He has received absolutely nothing and that’s why he’s surprised.
Does the annulment procedure have to be processed by the diocese one lives or where they were married?
Now, I understand that in some situations if one of the parties cannot be contacted, especially if they have moved and living in a different city or state, the annulment can still go through. But that would not be the case in this situation since they both attend the same parish and both know the address of each other and records are in the Parishioners Records.
What would have happened in this situation, and this is highly suspected but not provable at this point, that Mrs. Y filed for the annulment in the Diocese in Mexico and told them that she had no idea where Mr. X lived? If one party does not tell the whole truth and the annulment is granted, will the marriage of that person be valid?
I know this is sticky and Mr. X said frankly he doesn't care at this point what Mrs. Y does, but he is concerned for her soul because she has been living in sin all this time.
Thanks for your reply.
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Question Answered by
Dear Diego:
If Mrs. Y files for an annulment, it will be filed in the diocese of which she lives. The process does ask her for the address of her ex-husband. The diocese then contacts the ex-husband to give him an opportunity for input on the annulment request. If the ex-husband cannot be located, or does not return a statement within a certain amount of time, usually 60 days I think, then the Marriage Tribunal will proceed with the process and make its decision.
I am not a Canon Lawyer, and thus I am not sure what happens if this woman lies on her petition for annulment. I would suspect that deliberately withholding information that is required by the Marriage Tribunal would be considered a fraud and thus a positive decision cannot be made in favor of the annulment. Now this is my sense of things, but I am not sure.
Mr. X, since he knows that the process is underway, can contact the diocese himself. Keep in mind however that the reason Mr. X has not received any paperwork yet might be because the Tribunal is not yet at the point in which they attempt to contact the ex-husband. In any event Mr. X may certainly contact the diocese himself.
I understand that Mr. X has a concern for the sole of his ex-wife. This is laudable and he should continue to pray for her soul. But he must understand that his ex-wife makes her own decisions and therefore will have to suffer the consequences for those decisions.
Bottomline: Mr. X could contact the diocese, even though he no longer cares what his ex-wife does, as an act of love and concern for her soul to keep her on the straight road.
As it is with all of us, she will make whatever decision she makes and will have to suffer the consequences of those decisions.
God Bless, Bro. Ignatius Mary
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