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Kim wrote:

Hi, guys —

I have recently converted and was confirmed this past Easter. I am so blessed to have become Catholic.

I am also been richly blessed to be seeing a wonderful Catholic man for over the past three years. I was introduced to the Catholic Church through him. Last fall, I decided to enroll in RCIA . About the same time, I decided to seek an annulment from a marriage that was dissolved in the civil system over five years ago.

After a few months of RCIA classes and typical progression into the annulment, the love of my life here on earth asked me to marry him once the Church approves my annulment. I have been counseled extensively at both my parish level and through the diocesan office handling my annulment. I am assured that my tribunal hearing is next week — I began the process last August 2006. My representative feels that my case is a very strong one and should be approved at that hearing.

  • Approximately how long does it take to obtain my annulment after the proceedings are actually finalized after this first hearing?

It is my understanding that a brief must be written and then submitted to yet another diocese for a second approval.

I am just curious about the time-frame. My fiancé and I do not live together. We practice a chaste life and attend regular Masses and Church functions. This time around, we want to have a marriage where God is the head and is our foremost partner. While I fully understand that annulments are handled on a first come, first served basis and no way wish the process to be expedited for the purpose of future marriages, I am eager to begin life with my new husband and our family.

  • Is there any rough estimate of time it might take for the annulment to be finalized?

We are dealing with the diocese of Nashville/Knoxville and then with the diocese of Memphis.

Any enlightenment you might offer will be greatly appreciated.

God's Blessings,

Kim

  { How long will it take to receive my annulment after the proceedings are actually finalized? }

Fr. Jonathan replied:

Dear Kim,

All the information you were given was correct; namely, that you are not finished with the process and therefore cannot set a date in the Church until another Court agrees with the first Court.

Please allow me to explain:

Church law favors the validity of the Marriage so the Law places within the stipulation that two separate courts need to agree that the marriage should be declared null (i.e. declared invalid from its beginning). The Court that first hears the case is called First Instance and the appeal court is called Second Instance.

Sometimes Second instance is very fast — perhaps a month or so but that depends on a few factors:

  • The Court itself and its practice
  • The difficulty of the case
  • How good a job the Court in First Instance did in proving the case
  • Whether or not the other party (called the Respondent) participates

Therefore, although sometimes the Court of Second Instance may be relatively fast compared to First Instance, no one could possibly give you an estimate of your case without knowing the case and the Courts involved.

Try to be patient — that too is part of being a Catholic.

Fr. Jonathan

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