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Myth No. 4:
"Annulments take too long"
Some people imagine that getting an annulment is like taking care of
a decaying tooth: something unpleasant you can put off a while, confident the dentist will squeeze you
in if it acts up just before your vacation. An ex-spouse is a human being, not a toothache. Annulment
of marriage is more like major surgery than a dental extraction. It should not be put off; it cannot be
rushed.
Once accepted, a case should be completed within a year, according to
the law. Six months more can be anticipated for the required review or for an appeal. The law does not
say it has to take that long; but neither can it guarantee that it will not. Nor is there any entitlement
to an annulment: the process , yes, but not a pre-determined result. Best advice? Plan ahead.
The
decision to begin an annulment process is one of the most momentous steps in a person's life. What he
or she will learn from it, if properly disposed and motivated, can, and probably will, influence every
important decision in the future.
To illustrate time and cost in an annulment process, I offer a medical analogy. An
experienced
surgeon will not operate before an initial examination of the patient, an investigation of family and
medical histories and probably some preliminary tests. The patient must be able bodily to sustain not
only the surgery, but also the emotional and physical rigors of recovery. Assuming a healthy patient,
the operation may proceed routinely. Results, however, may not be immediately apparent or at all like
anticipated. Recuperation could take longer. Other physicians might have to be consulted. A second opinion
might lead to a second operation. Throughout the process, conditions at the hospital, the health and skill
of medical personnel, and circumstances in the life of the patient will all affect the outcome.
Sometimes
discoveries about a patient's condition are made during or after surgery. More treatment or a different
kind of treatment may be indicated. Plans will undoubtedly be affected.
Whatever the immediate or ultimate outcome for the patient, doctors and
caregivers will be entitled to just remuneration, assuming procedures followed professional standards
and contractual norms. An annulment need not produce such apprehension as surgery, but three stages -
like
preparation, operation and recuperation - can be identified.
The time before the court hearing is a very sober period of soul-searching.
In this preparatory stage, parties are asked to write their family and personal histories, followed by
the story of their relationship. This takes time. Important discoveries are often made during this period
that may produce new insights or inspire deeper reflection.
At the court hearing, the second stage, the petitioner may discover concerns to be looked
into before another marriage. Sometimes a longer "recuperation" may be required and the Tribunal might
suggest or even mandate some professional counseling.
After every affirmative court decision, a third stage, comparable to a "second opinion"
or evaluation, takes place in an appellate court. This is one reason diocesan law prohibits even "penciling
in" a church wedding date on a parish calendar until the entire process is over, that is, when the petitioner
has the final annulment decree in hand. No amount of money or attempts at string pulling can assure the
exact outcome of any operation or the speed of the recovery. No more than the preparation, operation and
recuperation stages of surgery, can annulment procedures be bought, sold or hurried.
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