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This room is for supportive and informative discussion about divorce and/or the annulment process. All posters must have been previously divorced or annulled.

Saint Eugene De Mazenod is patron of dysfunctional families & Saint Fabiola obtained a divorce from her first husband prior to devoting her life to charitable works.
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court of first instance

09/07/2012 new
I got a letter that advised me of an affirmative decision that was rendered at the court of first instance. But then it says that it needs to be ratified by the Tribunal of the Archdioese. I'm confused. Does this mean that the affirmative decision is that I will be annulled? Does it have to go any further if no one appeals? I'm not going to appeal. And my ex husband has not been seen since December 2005. My dad asked if it would have been cheaper to have ex husband declared dead?
09/07/2012 new

(Quote) Nancy-303994 said: I got a letter that advised me of an affirmative decision that was rendered at the court of first instan...
(Quote) Nancy-303994 said: I got a letter that advised me of an affirmative decision that was rendered at the court of first instance. But then it says that it needs to be ratified by the Tribunal of the Archdioese. I'm confused. Does this mean that the affirmative decision is that I will be annulled? Does it have to go any further if no one appeals? I'm not going to appeal. And my ex husband has not been seen since December 2005. My dad asked if it would have been cheaper to have ex husband declared dead?
--hide--

An affirmative decision is one in favor of the petition (i.e., for the annulment).

The decisions are reviewed even if there is no formal appeal.

09/07/2012 new

not to worry. sit tight. you're almost there.

09/07/2012 new

(Quote) Nancy-303994 said: I got a letter that advised me of an affirmative decision that was rendered at the court of first instan...
(Quote) Nancy-303994 said: I got a letter that advised me of an affirmative decision that was rendered at the court of first instance. But then it says that it needs to be ratified by the Tribunal of the Archdioese. I'm confused. Does this mean that the affirmative decision is that I will be annulled? Does it have to go any further if no one appeals? I'm not going to appeal. And my ex husband has not been seen since December 2005. My dad asked if it would have been cheaper to have ex husband declared dead?
--hide--

Hi Nancy,

I have gone through the analysis for a Decree of Nullity and I have done much reading on the process. This is what I understand to be true:

- Your paperwork and interview are reviewed by your local Tribunal. In your case, they decided in the affirmative for your annulment.
- Your data now goes to the next Tribunal, usually in a different area, for review. This is called the Second Instance.
- The Second Instance is not an automatic approval. In fact, the Second Instance is reviewing the first decision for validity.
- They could deny the first decision, although that is not very frequent. If they uphold it, a Decree of Nullity will be issued.
- They may send the Decree to you directly, so you can have it on hand if you decide to remarry (you can then present it to the parish), or,
- They may put a stipulation that they will hold your Decree on file. If you and a potential spouse decide to marry, you will have to go to them for an assessment of your relationship. Usually, this is an attempt to improve the chances that a Sacramental marriage will succeed. If you as a couple pass the assessment, the Decree will be issued to you so that you can give it to the church where you will be married.
- If you do not pass the assessment, then you will not be allowed to marry in the Church for the time being. More work will be needed.


Basically, you are considered married in the eyes of the Church until your formal Decree of Nullity is issued after the Second Instance, to you, or held on file. So, in your case, your case is still in process and you are considered to be married in the eyes of the Church. If the Second Instance approves the first decision, you will eventually get a letter about the end status of your case. Either you will have a Decree of Nullity, or you won't. Either you will still be considered married to your former spouse, or you won't and your marriage will be annulled - only after the Second Instance will this be determined.

I hope this helps.

Kathleen



09/08/2012 new

(Quote) Nancy-303994 said: I got a letter that advised me of an affirmative decision that was rendered at the court of first instan...
(Quote) Nancy-303994 said: I got a letter that advised me of an affirmative decision that was rendered at the court of first instance. But then it says that it needs to be ratified by the Tribunal of the Archdioese. I'm confused. Does this mean that the affirmative decision is that I will be annulled? Does it have to go any further if no one appeals? I'm not going to appeal. And my ex husband has not been seen since December 2005. My dad asked if it would have been cheaper to have ex husband declared dead?
--hide--


The second court almost never overturns a positive from the first court.. They will sometimes overturn a negative if there was an appeal..Basically, you're home free at this point, but can't declare yourself annulled until you get the second letter.

09/08/2012 new

(Quote) Donna-83441 said: The second court almost never overturns a positive from the first court.. They will s...
(Quote) Donna-83441 said:


The second court almost never overturns a positive from the first court.. They will sometimes overturn a negative if there was an appeal..Basically, you're home free at this point, but can't declare yourself annulled until you get the second letter.

--hide--
Donna and I have different definitions of "home free".

I don't think one is home free until one can declare oneself annulled, and one cannot do that after the First Instance, positive or negative. One can only do it if the Second Instance upholds the annulment, because only then will a Decree of Nullity be formally issued, and only then will one no longer be considered married to their former spouse.

Canon Law 1060 says:

"Marriage possesses the favor of law; therefore, in a case of doubt, the validity of a marriage must be upheld until the contrary is proven."


The contrary is not considered proven unless an affirmation is received at the Second Instance and a Decree is issued. So I do not think one is home free after the First Instance, even given the fact that the Second Instance usually upholds the first. There are no guarantees, and it's not law yet.

Kathleen


09/08/2012 new

(Quote) Kathleen-878558 said:Canon Law 1060 says: "Marriage possesses the favor of law; therefore, in a ca...
(Quote) Kathleen-878558 said:

Canon Law 1060 says:

"Marriage possesses the favor of law; therefore, in a case of doubt, the validity of a marriage must be upheld until the contrary is proven."


The contrary is not considered proven unless an affirmation is received at the Second Instance and a Decree is issued. So I do not think one is home free after the First Instance, even given the fact that the Second Instance usually upholds the first. There are no guarantees, and it's not law yet.

Kathleen

--hide--
Just to follow up.... there are no guarantees, but there is reason for hope.

09/08/2012 new

(Quote) Kathleen-878558 said: Donna and I have different definitions of "home free". I don't think on...
(Quote) Kathleen-878558 said:

Donna and I have different definitions of "home free".

I don't think one is home free until one can declare oneself annulled, and one cannot do that after the First Instance, positive or negative. One can only do it if the Second Instance upholds the annulment, because only then will a Decree of Nullity be formally issued, and only then will one no longer be considered married to their former spouse.

Canon Law 1060 says:

"Marriage possesses the favor of law; therefore, in a case of doubt, the validity of a marriage must be upheld until the contrary is proven."


The contrary is not considered proven unless an affirmation is received at the Second Instance and a Decree is issued. So I do not think one is home free after the First Instance, even given the fact that the Second Instance usually upholds the first. There are no guarantees, and it's not law yet.

Kathleen


--hide--


Didn't I say BASICALLY home free????

Didn't I say she couldn't consider herself annulled til she got the second letter?

What are you correcting me on??

I guess I'm not analytical enough.. She's almost through the process and you re-iterated what she's already done... I gave her a simple answer to her simple question and I stand by my answer. When I applied for my annulment I did NO research. I filled out my paperwork and let the process happen.. It wasn't rocket science for me..

09/08/2012 new

Wow, thanks for info. ladies. To know the process is good but I like Donna's perpective (fill ou the paperwork and send it in. I tend to over think things. Sometimes, you just have to let it be in God's hands.

09/08/2012 new

& God bless you Nancy!

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