By Linda Busetti

How can a Catholic marriage of 20 years be termed invalid? Can a divorced Catholic receive Communion? What is the process of a Catholic annulment?

Father Joseph Grimaldi, associate judicial vicar of the diocesan Tribunal, will try to answer these questions and dispel misinformation about annulments and the status of divorced Catholics at a seminar Monday, April 7, 7:30 p.m., at St. Anselm, Bay Ridge.

With 23% of U.S. Catholics going through a divorce at some point and 11% remarrying (Report on Marriage in the Catholic Church, Center for Applied Research in the Apostolate, Georgetown University, Oct. 2007) many are confused about their relationship to the Church.

“They should know that the Church has a deep love and concern for them,” Father Grimaldi said. “That we want to assist them in any way we can in terms of regularizing (a canonical term) their status in the Church. We want them to be and feel that they are full members of our community of faith and that there are some things they may need to do to help them establish that. That’s what the Tribunal is here for.”

As long as a divorced Catholic is not in a sexual relationship nor remarried without benefit of annulment, he or she can receive communion and take part in the sacraments, Father Grimaldi explained. They are not excommunicated from the Church, as was the case pre-1977. But they should be speaking with a parish priest for moral guidance.

Father Grimaldi explained that the “understanding of marriage has changed since Vatican II.” A new Code of Canon Law promulgated in 1983 “opened the possibility for annulment to many people on what we call psychological grounds.”

The validity of marriage is based on the ability of the two parties to consent to all that marriage involves. According to Canon 1095, two questions about this consent should be considered. Did both parties understand the lifelong commitment they were making, and did both partners have the maturity to live out that consent to form a “community of life” with their partner?

Since Vatican II, the Church has returned to the concept of marriage as “an interpersonal commitment based on trust, self-giving and sacrificing love. By this covenant the partners ‘render mutual help and service to each other through an intimate union of their persons and their actions’.” (#48, Pastoral Constitution on the Church in the Modern World, Gaudium et Spes, Dec. 1965)

Approximately 150-180 annulment cases come before the Brooklyn Diocese’s Tribunal each year. “Every diocese has a Tribunal,” Father Grimaldi explained. “It is the bishop’s court.”

The Tribunal is composed of the Judicial Vicar - Msgr. Gregory Wielunski; three Associate Judicial Vicars – Father Grimaldi, Father Anthony Hernandez, and Father Thomas Machalski; Diocesan Judges – Msgr. Edward Scharfenberger and Msgr. Thomas Donovan; Defenders of the Marriage Bond – Father Steven Aguggia, Msgr. John Brown and Msgr. Andrew Vaccari; Promoters of Justice – Msgr. Scharfenberger and Father William Hoppe; and Attorneys and Counsellors – Deacon Jerome Krebs, Father Witold Mroziewski, Sister Mary Parry, O.P. and Sister Josita Walsh, R.S.M. To be a judicial vicar, associate or counsellor requires a canonical degree.

To begin an annulment process, a person should call the Tribunal at 718-229-8131. It is a misconception that annulments are only for the wealthy and require a lengthy amount of time, Father Grimaldi said. The cost is $1,100, according to the Tribunal office, and the diocese can offer financial assistance. Generally, the time between the initial interview and the final decree is about 12-16 months, Father Grimaldi said.

An annulment has no effect on the legitimacy of children born of the marriage, Father Grimaldi stressed.

The process begins with filing a petition with the Tribunal. Before applying, the parties should already have resolved civil issues such as alimony, child support and the divorce itself.

Next is an interview with an Advocate (consultant) in Canon Law. The Advocate explains the process, grounds and finances for petitioning for a declaration of invalidity of the marriage. This includes written reports from the spouses and at least two witnesses. The other spouse is contacted and invited to call the Tribunal. He/she has the option to respond in person, in writing or not at all.

All documents such as baptismal and marriage records, proofs of domicile and jurisdiction, and a final divorce decree or civil annulment must be submitted.

Confidential interviews explore events before the marriage, family backgrounds, dating period and the decision to get married. Ninety percent of investigations include a medical expert – a psychiatrist – to consider whether either or both parties were “psychologically incapable to meet one essential criteria of marriage – the close and intimate personal relationship of mutual support and affection,” Father Grimaldi explained.

“A marriage is not 50/50,” Father Grimaldi said. “It is 100/100.”

After all written reports are satisfactorily completed, the Tribunal calls in the parties separately to hear testimony and review evidence. The Advocate decides whether the case is ready to go to a formal hearing before the Court.

The Court hears from the Defender of the Bond, Advocates and any psychological experts they have consulted. Parties to the annulment are notified of a decision by mail and have 15 days to appeal.

In the Brooklyn Diocese, annulment is seen as a “healing process,” Father Grimaldi said. It is not meant to place blame. “We try to help them understand what the problem was so they won’t repeat it.”

For more information, call the Tribunal at 718-229-8131.