Post by homeschooldad on Jan 4, 2022 23:24:15 GMT
Jan 2, 2022 15:02:30 GMT tth1 said:
That's about as much detail as I know about the case but today I went to the site Canon Law Made Easy and yes, the case may be problematic as far as being a valid annulment. The site seems to say that declarations of nullity have been common in such circumstances due to safety concerns of the petitioner. There are some awful situations brought to the Church and I can understand her sometimes merciful response is questionable as far as the letter of the law.
canonlawmadeeasy.com/2016/10/27/can-i-get-an-annulment-without-my-spouse-knowing-about-it/
I'm afraid I don't place much trust in that website. A far better one is Canonlaw.Info.
I'm not a canon lawyer and have no canon law qualifications. However, the subject interests me and I've read quite a number of books on Canon Law and annulments and I have several Canon law commentaries. A common concern among petitioners is that the respondent will stop the process. They cannot. The worst they can do is delay it by refusing to cooperate. However, it is part of the Church's mercy and applying natural justice that the respondent must be informed that the petitioner has requested their marriage be declared null.
Obviously, there are cases where the respondent can be an absolutely dreadful person who may be someone who resorts to emotional, physical and spiritual abuse even violence. They would also have had to know that the civil dissolution of marriage was happening. I am certain the Church were Her extensive experience has ways and means of dealing with these circumstances.
The normal procedure is that the respondent is notified, and they either respond or they do not. If they do not respond, after a period of time (I think it's a month, maybe less), the proceedings go forward. But they are ordinarily notified. I say "ordinarily" because there could be exceptional cases where they cannot be, probably largely hypothetical, as in the real fear of physical harm if they know that the other spouse has filed for an annulment. This would have to be very rare.