c. 2006 Religion News Service

SPRINGFIELD, Mass. _ Sister Claire D. Lapointe understands why some Catholics may be confused about annulments.

It’s a complicated process, Lapointe said.

It’s the reason Lapointe, the director of the Springfield (Mass.) Diocesan Tribunal that decides annulments, addresses the subject at parishes in a talk titled “Myths, Misconceptions and Facts about Annulments.”

It’s so confusing that she admits that there is no such thing as an “annulment,” yet she uses the word repeatedly in her talk.

“Annulment is a misnomer. We don’t annul a marriage. Marriage is insoluble when you have a valid sacramental marriage. No human power can dissolve that,” said Lapointe, who belongs to the Sisters of the Assumption of the Blessed Virgin order.

However, the Catholic Church can issue a “declaration of nullity” or “declaration of invalidity,” which enables Catholics to marry in the church.

One of the biggest myths is that when a declaration of nullity is granted, it means one never had a marriage.

Lapointe said the state, which treats marriage as a contractual agreement, still recognizes that a marriage took place.

“The church deals with the theology involved in sacramental marriage,” Lapointe said.

A declaration of nullity is issued when it’s been determined that an essential element or elements were missing for a valid consent to the marriage.

Fraud, immaturity, psychological incapacity, chronic unfaithfulness, serious personality disorder or simulation, are conditions in which a declaration of invalidity or nullity is granted.

Lapointe gave the example of a couple who, when breaking their engagement, agreed to meet one weekend a year to “renew” their friendship even after marrying others.

“There was no intent of fidelity,” said Lapointe, adding that a declaration of nullity was granted in a subsequent marriage for one of the individuals.

Another myth is that the process to get a declaration of nullity is expensive and that the more one pays, the quicker that action will be taken on it.

The diocese charges a $100 filing fee when the process is initiated and $200 when a decision is reached.

“We waive the $200 if an unfavorable decision is made,” said Lapointe, adding that almost 100 percent of declarations of nullity are granted.

“In cases where it looks like an unfavorable decision may be the outcome because of the lack of evidence, we encourage people to wait,” said Lapointe, adding that Catholics can only go through the process once.

She said reasons for one spouse not to participate in the process often dissipate with time. A spouse who was unwilling to provide a witness statement may change his or her mind later, thus helping a spouse receive a declaration of nullity, Lapointe said.

What the diocese charges doesn’t cover its own expenses, Lapointe said.

Tribunals nationwide were $14 million in the red in 1997, the last date for which Lapointe has figures.

Church law recommends that the process take no longer than a year, Lapointe said. It can go over a year when documents from foreign countries are sought, she said.

However, before a new set of nullity norms was created in the 1960s, the process would take as long as seven years and be expensive because it required a canon legal counsel be hired for work at the Vatican.

But a backlog of undecided cases motivated U.S. bishops to successfully lobby the Vatican to expand the norms and make the process easier.

The new norms moved the decision making from the Vatican to diocesan tribunals.

The number of Catholics seeking relief through this process grew dramatically after the norms were changed. In 1968, for instance, 338 declarations of nullity were granted in the United States. That’s less than the annual number being granted in the Springfield Diocese in the 1990s.

“Today, we are at about 200 a year,” Lapointe said.

Decisions are made by one or three tribunal judges. A judge can be a lay person or female religious. However, decisions can be made only when male clergymembers are the voting majority.

Another myth, Lapointe said, is that divorced people are no longer part of the church. That’s not true, she said.

“Some people think if you are divorced, you can no longer receive the sacraments,” Lapointe said.

If a divorced person remarries outside the church without a declaration of nullity, the church calls it an “irregular union.”

“They can’t receive sacraments, but they are not excommunicated,” Lapointe said.

DSB/JL END ZAJAC

(Bill Zajac writes for The Republican in Springfield, Mass.)

Editors: To obtain file photos of Lapointe go to the RNS Web site at https://religionnews.com. On the lower right, click on “photos,” then search by subject or slug.