CHARLOTTE — More people are seeking marriage annulments in the Diocese of Charlotte following the reforms of Pope Francis last year, and diocesan staff are speeding up the review process in light of the pope’s instruction to “carry out justice and mercy” for those “who experienced the failure of marriage.”
An annulment – officially a “declaration of nullity” – is a judgment by the Church that a marriage was never valid. It is not a type of divorce, but a recognition that the marriage bond never existed in the first place. The annulment process is governed by Church law and overseen by each diocese’s tribunal, or Church court.
Tribunal staff in the Charlotte diocese are seeing an increase in the number of people seeking an annulment over the 10 months since Pope Francis issued new rules aimed at simplifying and expediting the annulment process. While many of the reforms are aimed at small dioceses without a tribunal, some of the new rules have affected this diocese, diocesan staff say – even just in raising awareness during this Extraordinary Jubilee Year of Mercy as Catholics seek resolution with the Church over divorces or second marriages.
As of July 15, the diocesan tribunal is outpacing last year’s caseload – running three months ahead of this time last year, with a total of 225 active cases.
Tribunal staff have handled a total of 253 cases so far this year, and they anticipate the total being 400 cases before year’s end – an increase of approximately 37 percent over last year’s 292 cases. In comparison, the tribunal was handling around 270 cases per year just three years ago.
The pope’s reforms, which came in response to the 2014 and 2015 synods of bishops, aim to make the Church’s marriage annulment process quicker, cheaper and more of a pastoral ministry.
The changes simplify procedures for determining whether a marriage is valid, doing away with the automatic appeal of tribunal decisions, establishing an abbreviated process when the nullity is clear and ordering a reduction in the cost to couples. The new rules replace canons 1671-1691 of the Code of Canon Law and canons 1357-1377 of the Eastern code.
Pope Francis urged tribunal staffs to accept and study the new procedures and the motives behind making them “in order to render a service of justice and charity to families.”
“For many people, who have lived through an unhappy marriage experience, the verification of whether or not it was valid represents an important possibility, and these people must be helped to follow this path as easily as possible,” he reiterated March 12 during a meeting with Vatican court officials. “The Church is mother and wants to show everyone the face of God, who is faithful to His love, merciful and always able to give strength and hope.”
The Charlotte diocese received the English translation of the new rules in December, then extensively trained staff and advocates on the new procedures as well as how to handle the anticipated rise in the number of annulment requests.
“The tribunal staff has worked diligently to implement the changes promulgated by Pope Francis in the procedural laws concerning marriage,” said Father John Putnam, diocesan judicial vicar. “It’s clear from our experience thus far that his message is reaching people, since the number of cases coming to us has increased.”
Besides the increased caseload, tribunal staff say they are finding it easier to process cases for people who are not native to the U.S.
Staff Advocate Joy Barnes, who has 50 cases right now on her desk, said the most noticeable change is no longer having to get permission to hear a case if a person lives outside the diocese – what’s known as establishing competency. “Which, for people who live in other countries, was an adventure all its own,” Barnes said.
Lisa Sarvis, head of the tribunal chancery, noted, “If (the other tribunal) wouldn’t give us permission, like in other countries, we might never hear back. The one thing that came from all this, which was incredibly helpful, was relaxing of some of those restrictions.”
“If the person lives here, if the proofs are here, or if the contract was here, we can now establish competency,” added Barnes. “That really simplified things.”
Besides fewer internal hurdles, the diocesan tribunal has worked to shorten the time it takes to review a case – to less than a year in most cases.
“Before the changes, we were averaging nine months for a formal case, and that’s very good,” Barnes said. “Father Putnam’s goal, when he started the advocate program, had been no longer than a year.”
Following the pope’s reforms, she noted, “We have decreased that. When everybody cooperates and everybody does things in a timely manner, then we can get them done a little bit sooner now.”
“We keep a spreadsheet of every formal case and every step that it goes through, and we give each step 30 days – but they usually don’t take 30 days each, and some steps run concurrently,” she said.
In keeping with the pope’s directive that annulments should be affordable, the diocese is also continuing its policy of not turning anyone away because of the cost, which ranges from $75 to $1,000 depending on the type of annulment case.
“No one is turned away because of an inability to pay,” Sarvis stressed. “All anybody has to do is write a letter stating the fee would be a hardship and request a waiver of the fee in part or in total.”
The increased caseload is also being managed smoothly thanks to 50 volunteer advocates serving in parishes across western North Carolina, and the tribunal is training another 10 future advocates through an online training program.
“Our tribunal ministry relies heavily on the assistance of parish advocates who do so much to accompany the petitioners during the process,” Father Putnam said, adding, “We are always looking for others who might be interested in this important work for the Church.”
Deacon Bill Shaw of St. Pius X Church in Greensboro has been an advocate for the tribunal in the Charlotte diocese for more than 13 years. Prior to that he served in his home diocese of Rockville Centre, N.Y., starting in 1975 assisting a Jesuit priest from Fordham University in the tribunal and then as a deacon. The stories he hears from people who want an annulment are varied, he said, but the underlying reason always seems to be the same: “healing and wholeness in holiness.”
“Each of those seeking a decree of nullity are not coming because of a canon law, they come for mercy. And in light of those changes instituted by Pope Francis last Dec. 8, this has become the journey,” he explained.
Yes, the process is now somewhat simpler and takes less time, he said, but in the case of the Charlotte diocese, “we have worked zealously to reduce the overall time of the process to its lowest possible cumulative time and have been doing so for a number of years. This is in complete contradiction to other dioceses that have taken two to four years. Where was the mercy and charity in that?”
No matter what, he emphasized, each annulment case is unique and Church staff must serve the people involved with sensitivity and compassion, no matter whether the annulment is granted or not.
“Each requires a desire to close a very tender, sometimes painful portion of their lives, and yet to find in the mercy and love of God the joy of not judging themselves as being any less than a beautiful creation of God.”
Deacon Shaw serves in the ministry as an advocate because, as paradoxical as it may seem, the work gives him joy.
“There is nothing greater than to see the face and hear the voice of someone who has been ‘freed’ from all the stress and pain of their past life, that they have carried believing there was no hope.
“There is nothing more damaging to a person’s soul than the loss of hope, and this process returns what for many has been lost. I have had those in the journey completely turn their personal lives around and over to our loving Lord.
“I have known those who had believed their life was not of any value to anyone and were ready to quit life. I have worked with some who have been victims of the most horrific abuse and believed they could never trust another individual on the level of interpersonal commitment to marriage again, and after this process have moved on and found someone to love and allow them to love in return.”
Deacon Shaw says that in those he assists he sees something special. “The face of Christ has many faces, but they are all the One Face...the Face of God.”
— SueAnn Howell, Senior reporter. Catholic News Service contributed.
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CHARLOTTE — At Christmas, God shows His love for us in a tangible, personal way: through the gift of His Son Jesus Christ, Bishop Peter Jugis said during his homily for midnight Mass Dec. 25.
The joyful Mass to welcome the Nativity of the Lord drew hundreds of faithful who filled the pews of St. Patrick Cathedral in Charlotte, candles in hand and singing traditional Christmas carols. The cathedral was decorated with poinsettias and evergreens for the holy day, and its front door – one of three Doors of Mercy in the Diocese of Charlotte for the Extraordinary Jubilee Year of Mercy – was draped in festive red, white and green flowers.
“At Christmas, God shows His love for us in a most unique way,” Bishop Jugis said, “by sending us His own Son, to be born as our savior, born of the Blessed Virgin Mary.” The fact that He was born “a lowly, humble, vulnerable, poor infant – that is the mystery and the marvel of Christmas.”
Encountering Jesus Christ, opening our hearts to Him, enables us to be filled with God’s love in a real and personal way, he said.
Jesus “is the love of God in person. He is the face of God’s love, He is the sign of God’s love for us,” he said. “What a unique way God has chosen for us to learn about love – and also a most effective way, I might add: To be able to see Love Incarnate, in the Person of Jesus Christ the Son of God. For us to be able to interact as a human with Love. For us to be able to speak with Love, who is a Person. For us to be able to learn from Love and observe His Love in action. For us to be able to enlightened by Love. His only Son coming to be Love in Person for us.”
“Christmas brings us face to face with Jesus, the Divine Infant born for our salvation.”
“During this Year of Mercy the Lord wants us to be serious about accepting His love that He is offering to us in the Person of His Son Jesus,” Bishop Jugis added.
We must go beyond our baptism and attending Mass, he encouraged, and continue growing in our acceptance of that divine love, each and every day. We must remove any “obstacles” to accepting God’s love and mercy – repenting of our sins and forgiving others.
“Let God’s mercy bring you to a change of heart, not only during the Christmas season but then throughout this whole Year of Mercy,” he said.
Reflecting on part of the day’s Gospel passage from Luke 2:1-14, Bishop Jugis noted that the angel’s words to the shepherds – “Do not be afraid; for behold, I proclaim to you good news of great joy that will be for all the people.” – are just as meaningful for Christians today.
“They were originally spoken by the angel to the shepherds, but at this moment, being proclaimed again, they are spoken to you.”
“The angel did not just say, ‘A savior has been born.’ But in God’s wisdom, foreseeing the proclamation of His Gospel until the end of time, to be heard by countless numbers of people, the angel says, ‘A savior has been born for you.’ Even now, in the 21st century, a savior been born for you.
“This is personal – for you.”
The angel’s reassuring words “do not be afraid” are also relevant today, Bishop Jugis continued. “There is much darkness in the world that could frighten us.”
“St. John tells us perfect love drives out fear. If the love of God dwells within us, that love supplants and drives out fear,” he said. “Do not fear! God is with you, and He has come to show His love personally for you.”
— Patricia L. Guilfoyle, editor
Pictured at top: Bishop Jugis places the infant Jesus statue in the Nativity scene at St. Patrick Cathedral before the start of Mass Dec. 25.