Annulment of catholic marriage

[JUAN PEREZCASTI]

Can a catholic marriage be declared invalid (null and void) bu church authorities if one parner requests because the other has adhd or add

 

[FlyingRon]

You don't need a lawyer, you need a priest.

 

[Zigner]

And, just to be thorough: US Law Only!

 

[Ohiogal]

And, just to be thorough: US Law Only!

Wouldn't this be under Roman law?

 

[Antigone*]

Wouldn't this be under Roman law?

...only if they are Roman Catholic, they could be Episcopalian

 

[Silverplum]

OP had "Maryland" in his post previously, but that was lost in his edit.

 

[FlyingRon]

OP had "Maryland" in his post previously, but that was lost in his edit.

He also had no question in the original post, just the statement of the state and the subject line, which is why there were such snappy answers to the question.

You've got two issues here:

1. Whether it can be annulled in the Catholic church is not a legal matter. You'll need to discuss it with a priest there. I can tell you that my guess from my Catholic upbringing is the answer is NO. Unless you can prove that the person with ADD is incompetent to understand what marriage is (unlikely) or that the ADD is going to prevent them from being capable of having a family, you are out of luck. Just because there's some pesronality disorder isn't enough. But I've seen things stretched all over the places before.

2. Even if you get it annulled in the church, your marriage was legally entered into via state law (you had a marriage license, right?). This means you will still need a civil divorce.

 

[mistoffolees]

He also had no question in the original post, just the statement of the state and the subject line, which is why there were such snappy answers to the question.

You've got two issues here:

1. Whether it can be annulled in the Catholic church is not a legal matter. You'll need to discuss it with a priest there. I can tell you that my guess from my Catholic upbringing is the answer is NO. Unless you can prove that the person with ADD is incompetent to understand what marriage is (unlikely) or that the ADD is going to prevent them from being capable of having a family, you are out of luck. Just because there's some pesronality disorder isn't enough. But I've seen things stretched all over the places before.

2. Even if you get it annulled in the church, your marriage was legally entered into via state law (you had a marriage license, right?). This means you will still need a civil divorce.

On 1, my experience is different. Because the Catholic church is not willing to acknowledge the possibility of a marriage failing, they are quite willing to take the position that it never existed in the first place (as strange as that might seem). My ex had absolutely no problem getting an annulment for no better reason than the one given above.

OP WILL still need a divorce, though. In general, I'd get the legal divorce first and then go to the church for an annulment because they are almost certainly going to give it after a legal divorce has been obtained.

 

[proud_parent]

OP WILL still need a divorce, though. In general, I'd get the legal divorce first and then go to the church for an annulment....

I agree with this part.

...because they are almost certainly going to give it after a legal divorce has been obtained.

Don't bet on it. Whether a civil divorce has been granted has no impact on whether the Church will grant a declaration of nullity. It is by no means certain that OP would be granted an annulment even if he were to be granted a civil divorce prior to petitioning.

Whether there are grounds for the Church to make a declaration of nullity is a matter for the Tribunal of the petitioner's particular Diocese to decide. Sometimes a decision is made based solely on the petitioner's preliminary narrative and/or interview. In some cases, a formal hearing is required, at which the testimony of petitioner and witnesses will be heard. If there is not sufficient evidence to support a finding of nullity under canon law, the petition will be denied.

OP needs to contact his parish priest or Diocesean office to get the process started.

 

[mistoffolees]

Don't bet on it. Whether a civil divorce has been granted has no impact on whether the Church will grant a declaration of nullity. It is by no means certain that OP would be granted an annulment even if he were to be granted a civil divorce prior to petitioning.

Whether there are grounds for the Church to make a declaration of nullity is a matter for the Tribunal of the petitioner's particular Diocese to decide. Sometimes a decision is made based solely on the petitioner's preliminary narrative and/or interview. In some cases, a formal hearing is required, at which the testimony of petitioner and witnesses will be heard. If there is not sufficient evidence to support a finding of nullity under canon law, the petition will be denied.

OP needs to contact his parish priest or Diocesean office to get the process started.

Well, that's all correct in principle. In practice, however, EVERYONE who asks for an annulment gets one. Do you know ANYONE who has not been able to get an annulment (maybe on the 2nd try)? I sure don't.

 

[mommyof4]

...only if they are Roman Catholic, they could be Episcopalian

...or Irish Catholic.

 

[proud_parent]

Well, that's all correct in principle. In practice, however, EVERYONE who asks for an annulment gets one. Do you know ANYONE who has not been able to get an annulment (maybe on the 2nd try)? I sure don't.

As a matter of fact, I do.

 

[mistoffolees]

As a matter of fact, I do.

That seems to be a very rare exception. Almost everyone who asks for an annulment gets one .

 

[IrishLady47]

A legal divorce (or annulment) is required to apply for an annulment through the Catholic Church, so OP needs to do that first. The Church will not grant an religious annulment if the marriage has not already been ended legally.

In some dioceses, getting an annulment is very easy. Certainly, much easier than it was 20 or 30 years ago. I don't know anyone using ADD or ADHD specifically, but, emotional immaturity has been used and granted.

 

[LdiJ]

As a matter of fact, I do.

I do too...