Annulments as Healing? 13 � henever people reach out to us in the tribunal in order to begin the marriage nullity process, we know
they have been through a lot. No matter how a marriage broke down, or whose “fault” it was, or whether or not a declaration of nullity can ultimately be granted, the experience of a failed marriage is never easy. Many times, people begin the marriage nullity process because they have been told it is a healing experience. But is this actually the case? Like so many things related to canon law, the answer is a qualified “yes and no.” The Official Purpose of the Nullity Process
To start with the “no” part of the answer, it’s important to keep in mind that the direct, official goal of the marriage nullity process is simply to seek the truth of what actually happened in a given case. In this way, the marriage nullity process is different from something like psychological treatment or pastoral counseling, where a person’s emotional well-being is meant to be the direct object of the process. To give a very simplified explanation, the nullity process basically boils down to: the petitioner (i.e., the party seeking the declaration of nullity) approaches the tribunal, alleging that his or her marriage was invalid for a specific, recognized reason, such as one or both of the parties lacking the psychological capability to consent to marriage or a lack of a proper intention in marrying. Then, a good portion of the rest of the process is dedicated to the petitioner backing up this initial claim, through things such as naming witnesses who can corroborate their story or submitting relevant documents such as counseling records. At the end of the process, three canon lawyer judges go over all the assembled evidence and meet privately to discern whether the
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Jenna Cooper
Tribunal Coordinator & Judge jcooper@dowr.org
supposed cause of nullity is actually proven with moral “side effect” of the process. certainty, or “beyond any reasonable doubt.” Just as some people may find the Naturally, we make every effort to guide petitionexperience of revisiting old memories ers (and respondents, if they choose to participate) challenging and painful, others may find through the nullity process in a pastoral way. We prothat this experience brings them clarity vide qualified canon lawyers as advocates to assist the and closure. Likewise, while some may parties in assembling their case or their response, and find it difficult or slightly embarrassing we try to be as sensitive as possible when asking difto share private information with the ficult questions or sharing hard news. tribunal, others may find it validating to But, even so, the fact of the matter is that going have the Church listen to their story and through the marriage nullity process can be emotiontake it seriously. ally difficult at times. It can be challenging for some It’s also good to remember that just people to revisit old memories, and sometimes the because an experience is painful, this whole process can feel daunting. doesn’t mean that it can’t also be healWhile nobody in the tribunal wants anyone who ing at the same time. To use an analogy, comes to us to be in emotional pain, we are limited in people who undergo lifesaving surgery what we can do to help that pain specifically. For one usually find the experience physically thing, being a canon lawyer is different from being a painful, but they know that the pain is mental health professional, so none of us here in the temporary and also the cause of their office are legally qualified to do any sort of psychologigreater well-being. cal counseling! But also, in order to ensure the fairness of a nullity trial for everyone involved, judges Why Is This Important? do have to maintain an officially neutral Do stance, which generally isn’t compatIt’s important for those you a q ible with substantial emotional and considering the process for a declaracano uestio have spiritual accompaniment. tion of nullity to have an accurate n a n la you We do strongly encourage idea of what it can be like as an b w t hat out to s w o u l d people involved in the nullity emotional experience, first of all like process to find some outside because challenging experiences here ee ans were ? Em emotional or spiritual supare often harder than necessary d jcoo a port, such as a pastor or parp e r @ il when some of the more potenwith dow ish priest who knows their tially difficult aspects come as r. o situation well, or possibly even a surprise. Naturally, we don’t ques " C o u r r g ier tion" through reaching out to a therwant people to be shocked if t h i n e s apist. But the tribunal itself simthey find that the nullity process ub ply isn’t designed to meet these is not always comfortable or easy line. ject kinds of needs. for them. Even for people who don’t find the nullity process to be particularly emotionally difficult, having a clear On the Other Hand… idea of what can be expected can still help In the Gospel, Jesus tells us that “you will know them approach the tribunal with more confidence. the truth, and the truth will set you free” (John Additionally, understanding what the marriage 8:32). So it is certainly our hope in the nullity process really is—and is not—can help people tribunal that by helping people to come determine whether this is truly the right option for to know the truth about what actuthem at a given point in their life. A person who is ally happened in their marriage, this mainly seeking emotional healing is likely to find that knowledge of the truth will ultimately they are better served by something like pastoral counhave a freeing, and thus hopefully also seling, while a person seeking clarity about the truth of healing, effect. their marriage will know that approaching the tribunal Besides this, it’s good to remember is an appropriate choice of action. that every person is different! As mentioned above, the nullity process is not directly oriented toward emotional healing, but some individuals may still subjectively experience this kind of personal healing as a beneficial
March 2020 w The Courier w dowr.org
