Expert: Edward Bode - 12/20/2006

Question
I am sorry for bothering you again, but how long does this process usually take? So my marriage was never vaild in the cathlic churchs eyes? That is what I though. How long usually? and how much $$ usually.

Thanks so much, you have been a big help to me.
Jenn
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Okay I am sorry for not being clear....I live on long island,NY in the US.  I was baptized, my ex was not. We were married by JP on June 17th 03 as a result of a pregnancy. He later became physical with myself and our child. We left the marital home Oct 04. An Order of protection was in affect for 1 year in whitch he broke with in a week and was arrested on felony charges. The divorce will be final Jan 30th(Trail date).
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I will be following up with my church, in the mean time I have been trying to gather some information. Is my marriage considered valid in the eyes of the cathlic church if we never went to the church from the start? We never has our marriage blessed by the church. Well thanks for all your help.
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My ex husband and I were married by the justice of the piece...I am Catholic, he is not. I am baptized...he is not.....we share  a child together, the marriage lasted one year before filing for divorce. Am I able to be an annulment?

Jenn
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From what you have said, Jenn, it may be possible for you to obtain an annulment.  However, many additional factors come into consideration.  
The easiest way to know for certain is to talk to a local Catholic priest.  He would be able to obtain all the necessary, pertinent facts and submit them to the diocese for a definitive answer.
I urge you to seek an answer from the church.
Best wishes, Jenn, for a blessed Christmas.

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The exact requirements of an annulment depend on factors which I do not know in your case.  
From what you have said, if you are in the USA and you were baptized and instructed in the Catholic faith [for example, received Communion]most likely the marriage was invalid.
What information you would need for an annulment would include: where and when you were baptized, where and when you received instruction in the faith, when and where the justice of the peace ceremony took place, when and where the divorce took place, whether you ever officially joined another religious group.
The priest would gather the needed details and your petition for an official decree would go the office of the local bishop where you now reside.
If you would like further information from me, please feel free to write again.
Again, best wishes.

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I thought of one further issue:  Joining officially anothter religion.
So:If you were reared as a Catholic [First Communion, Confirmation, for example] and did not officially join another religion, then you were held to the Church requirement that a Catholic must marry within the Church [or explicit permission].  If that is the case and as you explain the details, I think that the marriage was invalid and thus eligible for a decree of nullity from the Church.  
Such a decree requires submitting documentation to the bishop through a local priest.  
So, please check with your local priest to get the annulment.
Again, best wishes and feel free to write again.


Answer
The time required [few weeks, months] varies with the time needed for the priest to gather the written information, submit it to the bishop, and get a reply.  The priest with whom you speak would know. [Each diocese operates on its own schedule.]
In the diocese here [midwest], there is no fee for the costs of processing an annulment.  Some dioceses have a sliding scale of fees dependent upon the complexity of the case [yours seems to be simple and straightforward] and the ability of the person to pay.  In such cases and where the petitioner cannot pay, I would expect that the process would be done without cost.  Again, this is a question that the priest could answer.
If you prefer, you might phone the diocesan office, ask for the marriage tribunal and ask your questions there.  You will, however, have to work with the parish in which you live.
If you hit a snag, you might let me know.  I do not think that you will have a problem.
Best wishes.