Why does an annulment take so long?

This is one of the first questions asked when people contact our office about starting the annulment proceedings. The process can take anywhere from 12 to 18 months. There are certain time frames that are ‘set in stone’ in canon law which we must follow. Other things that can cause a delay include incorrect contact information of the former spouse, uncooperative witnesses, getting the various witness testimonies in, the schedules of the judges and Defender assigned to the case, and the number of cases at Second Instance.

1. A person contacts the Tribunal office to inquire about the process. An interview is scheduled, which is dependent on the schedules of the person and the Auditor. Normally, an appointment is made within a week of the first phone call. During the interview the Auditor explains, in detail, the process and what paperwork is required before the case can be officially stated.

2. Once all of the paperwork has been received, the file is given to one of the judges in the Tribunal to set the grounds upon which the case will be decided. This process usually is handled fairly quickly – within a week or two after the paperwork has been turned in.

3. The Respondent is then mailed (by certified mail) a packet of information explaining the process and inviting him/her to participate by offering testimony. After 30 days, either with or without a response, the case proceeds to the next step.

At this point, it’s been about 6 weeks since the case was officially started.

4. The grounds for the case are definitively decided, and both parties are notified. The Respondent is given 15 days to provide his/her own witnesses. If the Respondent provides witnesses, the Petitioner is notified and is given 15 days to respond.

5. The witnesses are sent questionnaires and given 30 days to send in their answers. A reminder is sent if nothing is received after approximately 4-6 weeks. This is usually the longest part of the process, as the gathering of testimony can take several months, depending on the speed of the witnesses in returning their questionnaires.

6. Counseling records (if available) are added. The Auditor prepares excerpts from the marriage files (if available) and the divorce decree and further supports the case with practical information surrounding psychological issues if applicable. (30 days)

7. Once all the testimonies are gathered, the case is reviewed to see if any further information is required.

We are now anywhere between 2-5 months since the case was started.

8. If nothing further is needed, the parties are notified they may read the case file, and have 15 days in which to do so.

9. The case now goes to the Defender of the Bond, who writes his opinion (or ‘Brief’) of why the marriage is valid. Although the Defender is given one month to review the case, there are times when it takes longer. The Defenders in our diocese are priests with large parishes, meaning that sometimes the case is ‘stalled’ for longer than normal.

10. After the Defender’s Brief is sent in, the Judges schedule a meeting to discuss the case and make a decision as to whether the marriage is valid or invalid. Again, most of the Judges in the diocese are priests, and so the scheduling must take place around their other commitments. Usually, however, the meeting occurs within 2-3 weeks of receipt of the Defender’s Brief.

11. The decision is then written by one of the judges and reviewed by the other two. This process can take several weeks, again depending on their schedules. Once the decision is signed by all three judges, the parties are notified of the results and may come in to the office to read the decision. The time frame for this is 15 days.

It now has been 6-8 months since the start of the case, possibly longer.

12. All cases which have at least one affirmative decision (meaning the marriage was declared invalid) are automatically sent to the Court of Second Instance (the Archdiocese of St. Paul-Minneapolis). Because the Archdiocese handles cases from all 10 dioceses within Minnesota, North Dakota, and South Dakota, cases can get ‘stuck’ here. The normal timeframe is 4-5 months, but may take longer.

13. If the Archdiocese agrees with our decision, a final letter is sent to both parties notifying them of the ratification. If the Archdiocese does not agree, the case must be sent on to a Court of Third Instance, which is always the Roman Rota.

14. If neither party has had a ‘restriction’ placed, the case is completed.

By the time the case goes all the way through to Second Instance, the timeframe is anywhere between 12-18 months.

Naturally, we do everything we can to keep the cases moving down the ‘pipeline,’ but there are several places where the process of the case is beyond our control. First, the case does not start until all the paperwork is completed. Second, delay by witnesses can cause the case to come to a complete stop. Third, the Defenders have to work around their parish commitments in order to do their work for the Court. Fourth, the case may be stalled again at Second Instance.

It is because of the uncertain time length that we tell the parties involved that they cannot set a wedding date until the process has been completed. That’s also why we urge people to begin the process before they become involved in another relationship – it’s hard enough to go through the process without the additional stress of dating and possibly becoming engaged, when you don’t know if the prior marriage will be declared invalid or not.

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Mary Tarver is a tribunal judge who was formerly employed by the Bismarck Diocese. She now works as a tribunal judge in the Diocese of Corpus Christi, Texas.