canon lawyer who works on marriage tribunals

by Prof. Elwin Abshire I 7 min read

Is a canon lawyer a real lawyer?

(Iuris Canonici Doctor, Doctor of Canon Law), and those with a J.C.L. or higher are usually called "canonists" or "canon lawyers". Because of its specialized nature, advanced degrees in civil law or theology are normal prerequisites for the study of canon law.

What kinds of issues does canon law deal with?

Canon law deals with all the issues that any legal system does — for example, rights, property issues, procedures, administration, personnel, crimes and trials. It also does some things that civil law cannot, such as laws regarding sacraments, sacred places and magisterial teachings.Jun 3, 2021

What canon law says about marriage?

The three ends of marriage, according to Canon law are: first, the procreation of offspring; second, mutual consortiun; third, a remedy for concupiscence. The first end is common to man and animal. But according to Catholic doctrine, the sacrament of matrimony gives an added strength to attain these ends.

Do I have to get an annulment to become Catholic?

Do I Need An Annulment? If you are divorced and want to marry a Catholic, yes, you probably do. Something that tends to surprise many divorced non-Catholics is that they will likely need an annulment before they can marry a Catholic according to Church law.

What happens if you break canon law?

Any priest who breaks the seal of confession is subject to the church's most severe penalty — automatic excommunication, revocable only by the Pope. The idea is that people will feel free to confess sins without fear.Jun 16, 2018

Who makes canon law?

Canon law originated as a body of norms drawn from scripture, the decisions of ecclesiastical councils, rulings by the Pope (in the form of letters known as papal decretals), as well as secular Roman law.

What is a canonical marriage?

Canon law recognizes the ius connubii—the right to enter a marriage—unless one is prohibited by an impediment. It is a natural right of all, the baptized and the non-baptized. One historically exercised the right to marriage by the exchange of consent between a man and woman.Mar 7, 2020

What are marriage impediments?

In the canon law of the Catholic Church, an impediment is a legal obstacle that prevents a sacrament from being performed either validly or licitly or both. The term is used most frequently in relationship to the sacraments of Marriage and Holy Orders.

What are the valid matrimonial consent?

(1627) The consent consists in a “human act by which the partners mutually give themselves to each other”: “I take you to be my wife” – “I take you to be my husband.” This consent that binds the spouses to each other finds its fulfillment in the two “becoming one flesh.”Feb 5, 2012

Is cheating grounds for annulment?

In most cases, the answer is usually no, finding out your spouse is cheating on you is usually not grounds for an annulment.Nov 14, 2019

Why would an annulment be denied?

Reasons Your Annulment Request Could Be Denied You or your spouse were already married to someone else. You or your spouse coerced or forced the other into the marriage. You or your spouse committed fraud when entering into the marriage.Dec 26, 2020

Do both parties have to agree to an annulment?

You don't need the agreement of both parties for an annulment to happen, but you do need persuasive evidence to prove to the courts why your marriage should be declared null and void.

Where is Fr. Jaimes Ponce?

Fr. Jaimes Ponce was ordained on 25 August 2001 for the Diocese of Colorado Springs. In 2012, he earned a JCD from the Pontifical University of the Holy Cross in Rome. Currently, Fr. Ponce ministered as Auditor in the Tribunal of Colorado Spring, and subsequently as Defender of the Bond of the same Tribunal. At the same time he is also the Pastor of St. Benedict and St. Michael Parishes and a stable Advocate for the diocese of Winona. He has experience in public speaking, including a Canon Law conference presented at the CLSA Annual Convention in 2015. He is also the spiritual director for the Cursillo Movement in the Diocese of Colorado Springs.

Where is Dr. Hip-Flores?

Dr. Hip-Flores earned her Bachelors’ and Masters’ degrees in International Relations and Public Policy from Princeton University and Harvard University, respectively, before earning her Licentiate in Canon Law at the Catholic University of America and her Doctorate from the University of Navarre. She has taught Canon Law courses in the licentiate programs accredited by the Angelicum and the Pontifical University of Mexico. She has also taught Canon Law to Masters’ candidates at Georgian Court University, deacon candidates in the Archdiocese of Philadelphia and the Diocese of Camden, and to other pastoral ministers. Dr. Hip-Flores works as Judge and Defender of the Bond in various American tribunals. She is a Consecrated Virgin of the Archdiocese of Santiago in Cuba. In 2017 sh has been elected Consultor of the Canon Law Society of America.

Who is Rev. Furgiuele?

Rev. Furgiuele is the Adjutant Judicial Vicar with the Tribunal of the Diocese of Gaylord, MI. Prior to that he was a Judge, Defender of the Bond, Promoter of Justice and Advocate. He has a JCL from Santa Croce, in addition to a BA (Hon) and MA in Philosophy as well as an STB and M.Div. He was a Teaching Assistant for several philosophy courses at the University of Montreal and has taught ESL public speaking and catechism extensively. He has also organized conferences and speaker series. Since January 2017 he is also Administrator of St. Francis of Assisi Church in Lewiston, MI.

FOR CLERGY

I assist with the preparation of nullity petitions for your parishioners who approach you for help when seeking clarification of their matrimonial status, and/or other questions pertaining to the matrimonial nullity process (or other processes, such as Ligamen or Pauline Privilege).

FOR LAITY

I can assist you if you are just starting out, or if you have hit a difficult point in the matrimonial nullity ("annulment") process and do not know how to proceed; or if you have decided to appeal a tribunal's decision.

Our Purpose and Procedure

Priests and deacons who fear they cannot be adequately represented by diocesan canon lawyers can now turn to a canon lawyer referral program called Justice for Priests and Deacons.

The Procedure

All requests come through the main office and are confidential. After we gather information on each case, a canonist is assigned. The canonist works to defend the rights of and give canonical counsel to the priest or deacon. Assigned canonists come from another diocese or a different religious community than the client priest or deacon.

Mission Statement

Justice for Priests and Deacons is a nonprofit organization composed of priests, religious, deacons, and laity dedicated to a three-fold purpose:

Countless served

Our organization has served countless, but the battle against injustice and systemic denial of canonical rights is never-ending. We could not continue this fight without our generous supporters. Please consider making a contribution.

How long does a tement last?

TEMENT.If, over a period of six months, no action has taken place in a case, the process is ended. The caseis placed in theGLOSSARYinactive file. The process may be renewed by written request of a party or his/her procurator.

What is the purpose of the Canon Law booklet?

The purpose of this booklet is to provide ready reference for those at the parish level (procurators) assisting individuals who are seeking canonical resolution of previous marriages. Ordinarily, the procurator will be approached by a person who desires to submit a petition (petitioner). However, in some circumstances the procurator might also have contact with the other party (respondent) who may support or oppose the petition. Understanding the process will enable the priest, deacon, or pastoral minister to minister effectively to all of these individuals. This latest revision of the manual is based on the current practice of the Tribunal of the Diocese of Cleveland, incorporating the Code of Canon Law (1983), Dignitas connubii (2005) and Mitis Iudex Dominus Iesus (2015).

How to declare marriage invalid?

To declare a marriage invalid, one or more canonical grounds for invalidity must be established and substantiated by credible evidence. Below is a simple explanation of the grounds of invalidity that could be used in a formal case. Church law and jurisprudence mean that the grounds are more complex than is possible to summarize in a work of this nature, therefore there may be good reasons that the tribunal has not chosen a ground which seemed suitable based on the procurator’s reading of the petitioner’s testimony.

What is the Tribunal of the Diocese of Cleveland?

The Tribunal of the Diocese of Cleveland is the church court established by the Bishop of Cleveland in accordance MISSIONwith canon law. OurSTATEMENTprimary work is to assist God’s people by resolving the canonical status of their marriages. By serving the truth and ministering with pastoral concern, we aim to be an instrument of evangelization.

Why is there no publication of the acts in the shorter process?

There is no publication of the acts in the shorter process, because both parties have already agreed with the invalidity of the marriage and have the right to be present at the court session when the witnesses testify. If a party especially wants to see some evidence which he or she has not yet seen, contact the tribunal.

How long after divorce can you file a declaration of invalidity?

It is sometimes wise to advise, for pastoral reasons, that a person wait a number of months after the divorce is finalized before preparing a petition.

What is the letter of Pope Francis?

ThepromulgationRDof Pope Francis’ Apostolic Letter Mitis Iudex Dominus Iesus on September 8, 2015, has given new impetus to the tribunal’s ministry of justice. There are a number of new “provisions that favor not the nullity of marriages, but the speed of processes as well as the simplicity due them, lest the clouds of doubt overshadow the hearts of the faithful awaiting a decision regarding their state because of a delayed sentence.”1 At the same time we are reminded of “the unparalleled need to safeguard the truth of the sacred bond … by the judicial order.”2

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