The Annulment Process: Your Former Spouse
Does my former spouse have to be involved in the process?
Can he/she prevent me from getting an annulment?
Will my former spouse be able to see what I say in the case?
Involvement of your former spouse
The person who initiates the process before the Tribunal is called the Petitioner, while the Petitioner's former spouse is called the Respondent.
In the Tribunal process, the Respondent has just as many rights as the Petitioner does, whether or not the Respondent is Catholic, Church-going, Christian at all, or even the cause of the breakup of the marriage.
The most fundamental right the Respondent has is the right to be cited, that is, he/she has a right to be informed that the Petitioner has begun the case and to present his/her side of the story. The Tribunal has an absolute obligation to cite the Respondent. Failure to do so would result in an invalid Tribunal process and decision.
If the Petitioner finds this to be greatly distressing, he or she should contact the Tribunal to discuss the issues and explore other options. Top
Can My Former Spouse Prevent Me from Getting an Annulment?
The Petitioner has a right to pursue a Tribunal process, and the Respondent can in no way prevent the process from taking place. However, the Respondent has a right to full participation and may therefore argue against the annulment. The Tribunal has an obligation to give the Respondent a full hearing, to allow him/her to present witnesses, and to ensure that he/she is fully informed of the proceedings and decisions.
In many cases, the Respondent does not in fact participate at all, and he/she is formally declared absent by the judge. This poses no obstacle to the Petitioner since the participation of the Respondent is not required.
The absence of the Respondent, however, may hurt the case, since getting both sides of the story is usually very important. If the judges are left in doubt about a certain matter that only the Respondent can shed light on (e.g., the Respondent's true intention about children in the marriage), then the judges may have to issue a negative decision due to a lack of proof. The judges must be morally certain about the nullity of a marriage before they can declare it null; this requires that all doubt be excluded. Top
Will my Former Spouse be able to See What I Say in the Case?
In every case, the Petitioner has two principal opportunities to speak: in the written Petition and in the Interview. The interview is conducted by a Tribunal Auditor (an official assigned to the case by the judge who also gathers additional information from the Petitioner). The written statements and the interview of the Petitioner are both included in the Acts of the case, which is the whole collection of all the evidence.
Toward the end of the process, there is the Publication of the Acts. (This does not mean that they are printed in the newspaper!) The Publication of the Acts occurs when all of the evidence is in, and it is available for the parties and their advocates to read at the Tribunal Office. And so both the Petitioner and the Respondent have a right to read all of the Acts of the case.
It is possible for the judge to exclude a certain statement from the viewing of one of the parties. But this can be done only in the rarest of situations, when there is the risk of very serious dangers. Top