Posted on 02/08/2005 9:50:13 AM PST by sinkspur
Yes; however, divorces have been pursued because of the assured decree of nullity that is all but advertised by 'pastoral helpers'... Once the rubber stamp goes away people may be more likely to take up the cross in difficult situatins that often come to those who choose marriage as a vocation...
Precisely...when I read "lack hoped for reforms," I thought "too bad...they didn't crack down on this stuff." But, then I saw that the ones doing the hoping are the NCR staff...so it must be a pretty good document.
But...but...but...THAT wasn't the "hoped for reforms" of the NCR and half the USCCB!
LOL!
Also on the subject of the search for truth in hearings on the nullity of marriage, Archbishop Angelo Amato S.D.B. highlighted the fact that article 65, para. 2 of the Instruction states that the judge must urge the parties to a sincere search for the truth. If he does not manage to bring the spouses to validate their marriage and re-establish conjugal life "the judge is to urge the spouses to work together sincerely, putting aside any personal desire and living the truth in charity, in order to arrive at the objective truth, as the very nature of a marriage cause demands."
It will be interesting to see how this all but rarely ignored but now stessed requirement will be objectively accomplished... It would appear that some actual marriage saving activities and efforts may have to happen within the typical family ministries that today seem pastorally preoccupied with only divorce, 'remarriage', step parenting, and 'annulment' preparation...
Bttt
The truth is, most Catholics know almost nothing about the annulment process, except that it is long and difficult. I disagree with your presumption.
The very same way it is addressed today.
This is actually a good thing, something which I made a case for in my response (differing grounds than what the petitioner plead).
Unfortunately, the first instance declaration I recieved is bogus and I wouldn't trust the second instance court here in NY with a 10 foot pole.
What would be great is if the Rota were able to expedite second instance cases.
I don't think this will stop second instance appeals to the Rota...
People go to the Rota because of baseless decisions for nullity, a lack of conformity to canon law, et cetera. This won't change. If the Rota overturns the first instance, it's a moot point and the petitioner has to start again.
In theory, what this could do is allow a second instance court to address any canonical problem of a first instance court. In theory, it should be a positive thing for a respondant.
The unfortunate thing is, in theory, this should already be happening. Instead, a majority of the time the second instance tribunals rubber stamp the first instance sentences.
This is actually a good thing, something which I made a case for in my response (differing grounds than what the petitioner plead).
Unfortunately, the first instance declaration I recieved is bogus and I wouldn't trust the second instance court here in NY with a 10 foot pole. (The problem is systemic, and second instance tribunals are not exempt.)
What would be great is if the Rota were able to expedite second instance cases.
>> assured decree of nullity that is all but advertised by 'pastoral helpers'...
This is all tooo true. The tribunal told the petition in my case that she had a slam dunk case. This emboldened her actions...
Having read the sentence, it was anything but slam dunk. Pure fabrication and judicial activism.....
Tribunal officals really need to stay neutral and simply process things, not advise petitioners.
The NCR types are not nearly sad enough. It's just like the declarations of horror from the abortion zealots that Roe v. Wade is in grave danger. They send up the distress signals whenever anyone so much as suggests that 12-year-olds should at least talk with their parents before the grandkids-in-the-womb are butchered.
I agree -it is the 'pastoral helpers' that are well versed in creating petitions...
Another positive aspect is that the Rota could determine nullity on other grounds (for a second instance).. Then a third instance tribunal would make the final decision and a couple could obtain an declaration for/against nullity which has solid grounds.
Why anyone would throw up endless appeals if a solid decision is reached is beyond me. This is good news to me as I know the reasons the first instance tribunal used in my own case were a joke.
My own case is at the Rota now, and I myself was dreading having to go back through the process when the Rota overturns the case (which they will). Now, hopefully the Rota will consider my own response, which has a much better basis for nullity, and make a decision that has "legs" so to speak -- regardless if it is for or against nullity. (I'm not sure if my arguments rise to the level of being "grave" -- that's for the Rota to determine, I just gave them my story.)
Who knows, I could be the first second instance case that the Rota has which finds grounds for nullity based upon the respondant's testimony...
Well -today the US Norm does not have a mandated positive requirement that must be objectively documented... SO maybe you suggest a new piece of paperwork that will be rubber stamped can effectively bypass such authentic activity?
I doubt there's any requirement that a judge "objectively document" that he counseled a long-divorced couple to consider reconciliation, especially when it is the usual case that one party wants nothing to do with the annulment and has usually remarried someone else in a civil ceremony.
There are some that either by ignorance or defiance will persist in grave sin; regardless, the Church should not accomodate such activity upon moral relative basis that contravenes true justice... unjust divorce and subsequent 'remarriage' are but sin -period...
Well, true justice or not, it is folly to even pretend that most or even any of these marriages can be resurrected.
You may be right in a majority of these cases; however, there is eternal salvation or eternal damnation at stake -the Church must clearly show the proper path - more especially to the persistent sinners...
bump for later.
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