The annulment process begins with a call to the tribunal office at 516-678-5800 ext. 571. A staff member will get information to see if the case is in the right jurisdiction. Either the marriage had to have occurred in the diocese or one of the parties must live in the diocese where the annulment is sought.
The person seeking the annulment, the petitioner, will be assigned an advocate, an officer of the tribunal who will help throughout the process. The diocese has many advocates who live throughout Long Island, according to Msgr. James Pereda, judicial vicar for the Diocese of Rockville Centre. The vast majority are lay men and women.
When the papers are sent to the tribunal, a judge will rule on whether or not the tribunal can go ahead with the petition. The judge will notify the petitioner and the respondent (the former spouse) of the decision.
The respondent may choose whether or not to participate in the proceeding. He or she can ask to be notified of the decision or not to be contacted again. The majority don’t participate but like to be notified of the outcome, according to Msgr. Pereda.
The next step is to gather proofs. The petitioner writes a deposition, which includes background on how the couple met, what led to the marriage and what led to the breakup. Witness depositions are also gathered.
The depositions are not for “trashing anyone,” cautioned Msgr. Pereda, just gathering information. “The tribunal does not seek to assign blame, just to get to the truth,” he said.
After the judge reads the proofs, a hearing is scheduled. Msgr. Pereda said that in his 17 years of experience with the tribunal, “there has never been one person to enter the hearing who is not nervous, but never has there been one who has not left at peace.” Hearings generally take about 45 minutes and include questions from a psychologist.
The judge writes a lengthy decision which is sent to the petitioner and respondent about three months after the hearing. Either party has the right to appeal the decision. Whether or not there is an appeal, the case is reviewed by four priests, the defender of the bond and three others, to make sure all procedures have been followed.
After they have made their ruling, usually another three months, everything is final. “The entire process generally takes a year if it is uncomplicated, sometimes longer,” said Msgr. Pereda.
Petitioners are asked to pay $1,000 to contribute to the cost of the tribunal. Msgr. Pereda pointed out that the payments can be made in installments and that no one who genuinely could not afford it would be refused help from the tribunal.
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