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COVER STORY:
Catholic Marriage Annulments
March 30, 2001    Episode no. 431
Read This Week's July 25, 2008
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LUCKY SEVERSON (guest anchor): Now, this week's Cover Story: marriage annulment. The Catholic Church has always seen marriage as a permanent bond. Catholics who get divorced cannot be remarried in the Church. But in the 1970s, the Vatican made a change. It did not modify its position on divorce, but it did enable more and more divorced Catholics to have their previous marriage annulled. In the 1960s, there were only a few hundred annulments granted in the U.S. each year, but by the mid-'90s, there were more than 40,000 a year. Judy Valente reports from Chicago on the complexity and consequences of annulment. For some it brings healing, for others, pain.

JUDY VALENTE: The Catholic Church teaches that marriage is a sacrament -- a vocation to holiness -- a means of grace in which two people share a love that reflects God['s] love for his church; that it is a permanent union between a man and a woman.

Wedding Unidentified priest: What God has joined, no one must ever divide.

VALENTE: In reality, Catholics get divorced at about the same rate as everyone else. And half of those, like this man, remarry. Until the mid-'70s, a person who did that would have been expelled from the Church.

After the second Vatican Council, in the 1960s, the Vatican made it easier for divorced Catholics to stay in the Church, even if they remarry. It did so by more readily granting what are called "declarations of nullity" -- annulments.

FATHER PAT LAGGES (judicial vicar, Chicago Archdiocese): Divorce says that this marriage ended. What the annulment looks at is, were there factors present at the beginning, from the time these people entered into this relationship, that kept that relationship from becoming what the Church means by marriage.

VALENTE: Traditionally, the Church told couples: if you say your vows and consummate the marriage, it is valid and cannot be dissolved, regardless of the quality of the personal relationship. But after Vatican II, the Church took another look at the institution. It concluded that the intimate partnership between spouses is a crucial, basic dimension of marriage.

Father Lagges FATHER LAGGES: We look at how well they were able to form that intimate partnership of life, or were there things that prevented them from being able to do that. Things like severe personality disorders, addictive disorders, [or] severe immaturity.

VALENTE: In the annulment process, the Church tribunals ask: Did both parties have sufficient use of reason to consent to the marriage? When they said their vows, did they understand the lifelong commitment they were making? Did both have the personal capacity to fulfill that consent?

ELISE RADTKE (Family Ministries, Archdiocese of Chicago): All of us got married with the full intention [of] be being married forever. But somehow, it doesn't happen.

VALENTE: Because divorce has become easier in this country, there are now more divorced Catholics. And with annulments easier to get, there are more Catholics who want them.

JEANNE NOVAK: It's like wiping the slate clean and making it right.

VALENTE: For some, it's hard to believe they can get an annulment.

MICHELLE DOYLE: Okay, I'm divorced, but I don't have the right to remarry. You know, God -- I can't get passed that -- you know -- it would be adultery.

VALENTE (to Cassidy): Do you think Catholics are confused about annulment?

BOB CASSIDY: I don't think they're confused, they're just misinformed.

VALENTE: Annulment does not deny the existence of the previous relationship. It does not make the children of that union illegitimate. Nor does it affect alimony, child support, property rights, or other matters resolved in civil court.

Annulment seminarMS. RADTKE: Your heart's gonna hurt. This is hard stuff to go back and look at.

VALENTE: Initially, the petitioners fill out brief questionnaires, then the hard part begins.

FATHER PETER CHAVITZ (Chicago Marriage Tribunal): When you get the large questionnaire, usually most people go, "Oh, my God." So let's practice -- "Oh, my God."

VALENTE: It is ten pages of questions about the personal and family histories of both husband and wife.

(to Father Lagges): Let's look at some of the questions: Describe your childhood memories. Emotional or adjustment problems. Describe any sexual related problems you've had. Describe your attitude toward sex, sexual tendencies. These are not easy things for people to answer.

FATHER LAGGES: Mainly, what we're looking at is for people to tell their story, not necessarily go into each and every one of these questions -- sort of as a history test.

VALENTE (to Father Lagges): But many people are getting annulments who don't have that history of abuse or alcoholism or narcissism.

Fr. Lagges with files FATHER LAGGES: I think if you looked at our cases, you might have a different opinion of that.

VALENTE: Most petitions for annulment are successful, but because of the difficulty of the process, the vast majority of Catholics don't bother getting one because of misconceptions, fear, and the length of the process. Yet, the Church can barely keep up with the case loads it has.

(to Father Lagges): How many cases do you personally handle a year?

FATHER LAGGES: Each judge on a tribunal would handle 150-200 cases per year.

VALENTE: Father Lagges is one of eight full-time judges in the tribunal of the Chicago Archdiocese. Some are priests, others are lay persons, including women. There are no courtrooms, just offices like this, where the cases are heard via correspondence.

FATHER LAGGES: The cost to the Archdiocese is about $850. We ask the petitioner to assume as much of that as they can.

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VALENTE: All the judges are versed in the canon law of the Church. A decision takes about 18 months.

(to Father Lagges): There's a lot in there.

FATHER LAGGES: People's lives are pretty complicated. And, when they tell their story, that story is always gonna be complex.

VALENTE: (to Carol Lenz): You wrote quite a bit on seeing ... ?

CAROL LENZ: Yeah, I was on an old computer, it's sort of like a toilet paper roll ... where it just kind of goes on and on.

VALENTE: John and Carol Lenz had been in marriages of 25 and 18 years, respectively. Each had their previous marriage annulled, after they had met, but long before they decided to marry.

JOHN LENZ: I spent a long months of nights, going through this, taking a look at it, re-reading it, [and] trying to come to grips with the nature of these questions.

VALENTE: The petitioner must also get the testimony of friends, family, or colleagues -- witnesses to the marriage.

FATHER LAGGES: People who saw what that relationship looked like. Those witnesses are also asked to describe the relationship between the parties, and what they know about the family backgrounds of each party.

VALENTE: Like divorce, the annulment process can generate pain and bitterness. Jan Leary, who lives near Boston, runs a support group for what are called respondents -- people whose former spouses annulled their marriages. She reads from some of their letters:

Ms. Leary reads letters JAN LEARY (reading letters): "My two daughters, aged 22 and 18, are questioning the fact that if the marriage never should have taken place, are they the product of a marriage that makes them a mistake? In his annulment petition, he states that it was always a non-marriage. Apparently, I, as a bride, had mental reservations, but he only remembers this after 30 years of our life together. By annulling his first marriage, my father may have erased the marriage, but he also erased all the great moments and experiences along with 'his mistake'."

VALENTE: Neither John nor Carol Lenz had wanted divorce. But once their marriages ended, they sought annulments because they wanted to start over, as far as the Church was concerned.

MS. LENZ: To walk into court and five minutes later you're divorced after being married for 18 years, it's kind of like shell shock. How could something that went on for so long be over so quickly? I felt I needed to do this for closure.

John and Carol Lenz MR. LENZ: The annulment was a very healing process for me. It was all the things you wish you could have said in the civil process, but you know you're never gonna say in a court of law. So in my journey through this, it was very, very healing.

MS. LEARY: The word is that the annulment process is a very healing process. Well, fine. The petitioner has what the petitioner is out to get. The annulment process is devastating to the respondent.

VALENTE: Leary, who had three daughters from a 25-year marriage, says her ex-husband's efforts to get an annulment were more traumatic for her and her children than the divorce -- especially the calling of witnesses to testify about the marriage.

FATHER LAGGES: Everybody has a right to question whether a marriage was valid or not. The tribunal exists simply to help them to understand that.

VALENTE (to Father Lagges): Do you think this is a healing process?

FATHER LAGGES: For some people, yes. For other people, no.

MR. LENZ: It makes you better prepared to move forward. I call this the rebirth. Divorce is an end; this is a rebirth.

MS. LENZ: Some people rush into this because they're in a big hurry to get married again, which is a huge mistake. Or because they want some kind of vindication, and that's not what this is about. This is about you, and moving on with your life.

MS. LEARY: The problem is the Catholic Church's stance on divorce is, it's not allowed. So once you're married, you're always married. And the only way to get around this is to say, well, you were never married in the first place.

VALENTE: Leary calls the annulment process hurtful to spouses and children, and hypocritical -- nothing more than Catholic divorce. She appealed her ex-husband's annulment petition to the Vatican. Many such appeals are successful, but the appellant had better be prepared to wait.

Jan LearyMS. LEARY: The annulment process is stopped. In other words, I still have my sacrament. They [the Vatican] will investigate. Now, that was 1997; I have not heard one word from them since.

Unidentified man: Welcome to pre-Cana II. It's intended primarily for couples who have been married before.

VALENTE: There are now six million divorced Catholics in this country. Many of them drift away, alienated by the divorce laws, or intimidated by the annulment process. For those who get annulments, and plan to remarry in the Church, the message is the same as it was the first time.

Unidentified woman: The love of a man and a woman is made holy in the sacrament of marriage. And it becomes a mirror of your everlasting love.

VALENTE: A love that may indeed seem everlasting, as the vows are exchanged before a priest. And yet, other couples who once did the same thing were later adjudged to have had a relationship, but not, in the eyes of the Church, a marriage.

For RELIGION & ETHICS NEWSWEEKLY, this is Judy Valente in Chicago.

SEVERSON: The United States has six percent of the world's Catholic population, but three-fourths of all annulments are granted here.

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