Catholic annulment, an opportunity for healing and growing: providing support in counseling.
Duba, Jill D. ; Ponton, Richard F.
From the Muslim couple signing their Nikah contract, to the Jewish
couple under the chuppa, to the Catholic blessing of the newly married
couple before the altar--as they have for scores of centuries, men and
women present themselves to these religious communities and to all the
others to celebrate and witness their joining in marriage. Each of those
traditions has an understanding of the meaning of marriage that is
transmitted to the couple, both formally and informally. Perhaps nowhere
else in our postmodern culture, is there such a public intersection of
the individual and a religious institution.
As counselors, working with married couples or divorced
individuals, it is important to understand that the meaning of marriage
and divorce to the client is, to one degree or another, colored by the
religious tradition. The data suggest both that counselors often work
with clients for whom religious affiliation is salient to their identity
(Robinson & Howard-Hamilton, 2000) and that it is likely that
counselors are working in cross-cultural transactions. Therefore, the
authors suggest that it is a responsibility of the counselor to become
familiar with religious beliefs and practices of their clients. To that
end, the two-fold purpose of this article is to promote a professional
conversation in the literature of the meaning of marriage, divorce and
annulment to adherents of various religions and to provide an overview
of the role of the counselor in working with Roman Catholic clients who
are in the process of the annulment of their marriage.
Cultural Competence and Religion
The national data suggest that religious clients are entering our
practice doors on a frequent basis. According to the American Religious
Identification Survey (Kosmin, Mayer, & Keysar, 2001) 81% of the
United States population identified themselves as religious.
Approximately 77% of the United States adult population identified
themselves as Christian, 1.3% as Jewish, .5% as Muslim, and .5% as
Buddhist. Of the Christian population, 24.5% identified as Catholic,
16.3% as Baptist, 6.8% as Methodist, and 4.6% as Lutheran. Kosmin et al.
(2001) found that approximately 50% of Americans belong to a church,
synagogue, mosque, temple or other place of worship. However, the
meaning any given individual puts on this membership "varies
greatly from one denomination or faith to another" (Duba Onedera
& Greenwalt, 2008; Fukuyama, Siahpoush, & Sevig, 2005; Kosmin et
al., 2001, p. 11) and within that group from one individual to the next.
So what is so relevant about these statistics? First, they provide
data suggesting that clients are likely to hold religious beliefs.
Further, the data suggest that many clients will ascribe personal and
familial meaning and value to various religious activities, practices
and doctrine. Are therapists competent to address issues of religious
belief? The literature suggests otherwise. According to the literature,
many mental health professionals in various fields including counseling,
psychology, family, and rehabilitation counseling have limited training
in the area of religion (Duba Onedera, 2008). When religious issues are
brought into the counseling process, many of these trained individuals
approach the topic based on their own religious and spiritual experience
(Shafranske, 1996; Young, Cashwell, Wiggins-Frame, & Belaire, 2002).
Furthermore, multiple studies have suggested that the religious
affiliations and practices of most mental health professionals are
markedly lower than that of the average American population (Fukuyama
& Sevig, 1997; Pate & Bondi, 1992; Walker, Gorsuch, & Tan,
2004).
The 2005 American Counseling Association (ACA) Code of Ethics
(C.5.) expects counselors to "not condone or engage in
discrimination based on age, culture, disability, ethnicity, race,
religion/spirituality ... " Furthermore, therapists are required to
"recognize the effects of age, color, culture ... religion,
spirituality" (E.8.). In the case of Catholics seeking counseling
regarding the dissolution of their marriage, Professional Counselors are
ethically responsible for considering not only the Catholic view on
marriage, but also how their faith and beliefs about marriage and
divorce will impact their decisions and process.
The Association for Spiritual, Ethical, and Religious Values in
Counseling (ASERVIC, Association for Spiritual, Ethical, and Religious
Values in Counseling, 2009), a division of ACA, revised competencies
that are associated with the ethical integration of religion and
spirituality into counseling. Below are specific competencies that speak
to the importance of addressing one's religious viewpoint and faith
perspectives into the counseling process. These selected competencies
can serve as a foundation for conceptualizing working with religious
clients in general and specifically counseling with Catholics, who are
moving through the annulment process,
1. The professional counselor recognizes that the client's
beliefs (or absence of beliefs) about spirituality and/or religion are
central to his or her worldview and can influence psychosocial
functioning (Culture and Worldview, #2).
2. The Professional Counselor can identify the limits of his or her
understanding of the client's spiritual and/or religious
perspective and is acquainted with religious and spiritual resources,
including leaders, who can be avenues for consultation and to whom the
counselor can refer (Counselor Self-Awareness, #5).
3. The Professional Counselor responds to client communications
about spirituality and/or religion with acceptance and sensitivity
(Communication, #7).
4. During the intake and assessment processes, the Professional
Counselor strives to understand a client's spiritual and/or
religious perspective by gathering information from the client and/or
other sources (Assessment, #10).
5. When making a diagnosis, the Professional Counselor recognizes
that the client's spiritual and/or religious perspectives can a)
enhance well-being; b) contribute to client problems; and/or c)
exacerbate symptoms (Diagnosis and Treatment, #11).
6. The professional counselor is able to a) modify therapeutic
techniques to include a client's spiritual and/or religious
perspectives, and b) utilize spiritual and/or religious practices as
techniques when appropriate and acceptable to a client's viewpoint
(Diagnosis and Treatment, #12).
The Catholic View of Marriage
There are approximately 68 million Catholics living in the United
States (Zimmerman, 2010). Fifty-three percent of Catholics are currently
married and 23% have been divorced (Gray, Perl, & Bruce, 2007).
Fifteen percent of divorced Catholics have sought an annulment. Further,
Gray et al. (2007) found that a majority of the 71% of separated or
divorced Catholics who seek help for marital issues, find help from a
professional who was not referred to them by their parish. This
statistic implies that many Catholics will pursue a licensed helping
professional in the community. Further, many of these Catholics who are
seeking help outside of the Church are not completely familiar with the
Church's teachings on marriage, divorce and annulment (Gray et al.,
2007). Fewer than half of Catholics are knowledgeable about acceptable
cases for separation. Consequently Professional Counselors and other
licensed therapists have the opportunity to help clients make sense of
these teachings and processes.
The annulment process for Roman Catholics cannot be understood or
explained outside of the context of their view of marriage. While
adherents to Roman Catholicism may vary in their individual views, their
Church emphasizes that marriage is considered holy and sacramental. The
Roman Catholic Church teaches that God's intention for the marital
relationship is noted throughout scripture. The Old Testament points to
what John Paul II calls "the sacrament of creation" (United
States Conference of Catholic Bishops, 2006, p. 335) as it reads,
"a man will leave his father and mother and be united to his wife,
and they will become one flesh" (Genesis 2:24). Matthew 19:5
reiterates the same, "for this reason a man will leave his father
and mother and be united to his wife, and the two will become one
flesh." Furthermore, the books of Tobit and Ruth are often referred
to as describing the tenderness and fidelity that all spouses should
emulate (United States Conference of Catholic Bishops, 2006, p. 279).
John Paul II (1997) elaborated on St. Paul's description of
marriage, or the relationship between the spouses to be analogous to the
relationship between Christ and the Church addressing what Christians
have believed about marriage since the first century. In Ephesians
5:21-33 Paul describes both the love and humility that is at the heart
of Christian marriage and clearly holds marriage as a model of the
relationship of Christ and the Church. So as Christ devotes, cherishes,
and nourishes the Church, so should spouses do with each other (John
Paul II, 1997).
The Catechism of the Catholic Church (2003) states that marriage is
"an efficacious sign, the sacrament of the covenant of Christ and
the Church ... " (no. 1617, p. 451) as such the indissolubility of
the covenant between husband and wife "signifies the eternal
relationship between God and the Church" (Catholic Church, 2003,
no. 1661, p. 463). It is this understanding of the permanence of the
marital covenant that is at the heart of the proscription, "What
God has joined together, let no one put asunder" (Catholic Church,
2003, no. 1614, p. 450). This reflection of the covenant between God and
the Church is reflected not only in marital covenant but also in the
understanding of conjugal love. Conjugal love involves a totality, a
unity of each person's entire being that forms one heart and soul
(Catholic Church, 2003, no. 1643). Further, this totality demands not
only indissolubility, but also faithfulness and openness to fertility.
Consequently, spouses are called to remain faithful to each other, as
Christ is faithful to the church. Infidelity is not an option. Through
God's graces, as well as the Church community, married couples have
the support to keep them sustained and encouraged in challenging times.
The Church also teaches that there are pre-requisite conditions
necessary in order for the covenant to be valid and binding on the
parties. For example, "the parties to a marriage covenant are a
baptized man and woman" and are "not being held under
constraint" nor "impeded by any natural or ecclesiastical
law" (Catholic Church, 2003, no. 1625, p. 453). Furthermore, both
parties are freely consenting and do so responsibly (Catholic Church,
2003, no. 1632, p. 454). In other words, in order for the marriage to be
valid, both partners must enter the marriage maturely and have agreed to
the obligations of marriage. Further, consent includes entering the
marriage freely (without force), promising lifelong fidelity, are
openness to sexual relations and children (Champlin, 2002).
The Annulment: Description and Process
The Catholic Church "does not permit divorce and remarriage because Jesus forbade it" (Pennock, 1998, p. 236). As noted above,
both the Old and New Testament provide support for this understanding
(Genesis 2:24; Matt. 19:9; Mark 10:11-12; Luke 16:18). As marriage is
expected to be a lifelong commitment, the dissolution of the marriage is
only possible if one spouse dies. However, under exceptional
circumstances (e.g., emotional and physical abuse of a marital partner
or children, adultery) the Church does permit physical separation and/or
civil divorce of the spouses (Catholic Church and Canon Law Society of
America, 1983, no. 1152, 1153), but continues to recognize the marital
bond as both valid and binding. Spouses are still considered bound
together through a covenant made with God and each other whether they
are living together or not, and legally divorced or not (John Paul II,
1997). In the Roman Catholic tradition, a sacramental, valid and
consummated marriage "cannot be dissolved by any power on
earth" (Foster, 1999, p. 27).
In other words, an annulment, or more precisely, "a
declaration of nullity" from the Catholic Church, is different from
a civil divorce because it is a declaration that there was never a valid
marriage in the first place. There is nothing to dissolve or terminate
because it never existed. An annulment affirms that one or more of the
five requirements for a valid marriage were not met. The first
requirement includes an appropriate canonical form, which means that in
order for a Catholic to marry, the exchange of marital vows must be
witnessed by an ordained Catholic clergyman within his jurisdiction (or
with appropriate permissions) in an approved ceremony. The marriage must
also be witnessed by two persons. A second requirement is canonical
freedom to marry. This requirement proscribes that there be none of the
impediments which are found in canons 1083 to 1094 of the Code of Canon
Law. These canons prohibit marriages of people who are under a certain
age (c. 1083), who suffer from perpetual impotence (c. 1084), who are
held to a prior bond of marriage (c. 1085), who have not been baptized
(c. 1086), who are in holy orders (c. 1087) or have made their perpetual
religious vows (c. 1088), who have committed certain actions, for
example murdering a spouse to enter into another marriage (c.
1089-1090), or who are related in a certain way (canons 1091 to 1094).
The third requirement for a valid marriage is capacity or the
ability to make a decision to marry. Grounds for an annulment might
include evidence that either party was incapable of making sound
decisions or could not or did not intend to assume or maintain the
necessary elements of a marriage. For example, the Church takes into
account the impact of severe mental illness, addictions, and other
serious behavioral problems on one's decision making capabilities
(Schorn, 1998). The fourth requirement for a valid marriage is knowledge
of the responsibilities of marriage. For example, the marriage may not
be considered valid if one or both parties had no intentions of being
open to an exclusive sexual relationship and children or did not
recognize that these intentions are essential to the Christian marriage.
Finally, the Church requires that the couple have knowledge of each
other. For example a marriage can be declared invalid if it can be
proved that main reason for one's decision to marry was the
presumed absence or existence of a particular quality in the other party
which was later found out to be erroneous (c. 1102). Thus, if one member
of the couple was in error about something essential about the partner
or was defrauded, the marriage could be declared invalid. The annulment
process is a juridical process in which representatives of the Church
seek to discern the truth as to whether all of the conditions for the
marriage were met. In the event that they were not, a declaration of
nullity is issued, which not only declares that the sacramental marriage
was not valid but also that the couple is not bound by the
responsibilities associated with sacramental marriage including
indissolubility.
There are various reasons individuals pursue annulments, from
spiritual to practical ones. First, as previously mentioned, a Catholic
marriage is considered binding, indissoluble and a moral "unity
through love" (John Paul II, 1997). The sacrament of marriage binds
two people not only together but with God. Divorced individuals may wish
to validate the dissolution of this spiritual connection with a former
spouse. Couples wishing to remarry in the Catholic Church may be
especially interested in pursuing an annulment. The re-marriage of
either spouse cannot be considered valid because of the belief of
indissolubility. In addition, indissolubility implies that Catholics who
have remarried civilly and consummate that marriage, are committing
adultery. Therefore, they may not receive the Sacraments and are not in
communion with the Church until an annulment has been granted and they
have received the sacrament of marriage in the Church.
While the primary focus of the annulment is to seek the truth in
regard to the validity of the marriage, another goal of the annulment,
less juridical and more pastoral in nature, is to provide an opportunity
for divorced Catholics to gain insight into themselves and their
relationship through the process of fact finding (Flowers & Flowers,
2001; Smith, 1995). The U.S.
Catholic Conference of Bishops (2012) stated, "Many find that
the process helped them to let go of their former relationship, heal
their hurts, and move on with their lives." Further, Jenks and
Woolever's (1999) supported this statement with an empirical study
on the wellbeing of divorced Catholics. That is, they found those who
had had annulments scored higher on factors of wellbeing than those who
were divorced without annulment.
Step One of the Annulment Process
Although any divorced Catholic may petition the Church for an
annulment, the nullity of one's marriage is decided upon by the
Church and is not something that is guaranteed. Persons engaged in the
annulment process are encouraged to give this process time and patience.
The first step of the process is to contact a Procurator (Flowers &
Flowers, 2001; Smith, 1995). A priest, deacon or any other lay pastoral
minister may serve as the Procurator. Consequently, individuals can
simply call their parish and explain that they are seeking an annulment.
The Procurator serves as an advocate, assisting the petitioner through
the healing process, providing information and the necessary materials,
as well as submitting the petitioner's completed documentation to
the Matrimonial Tribunal (or Church courts).
Notification of Former Spouse
The Church requires that the former spouse be contacted and invited
to participate in the case (Catholic Church and Canon Law Society of
America, 1983, no. 1507). The Procurator may make the contact with the
former spouse or may ask the petitioner to notify the former spouse by
letter or telephone about their intentions to seek an annulment (Smith,
1995). The respondent (former spouse) will also be asked to answer
various questions about the marriage; however, one's failure to do
so will not hold up the process or prevent a marriage from being
nullified (Catholic Church and Canon Law Society of America, 1983, no.
1510; Peters, 2004).
Both parties are permitted to review the acts (or written
documentation generated by both the petitioner and respondent) typically
at the tribunal office or with a tribunal official (Peters, 2004).
Documentation is not permitted to be copied. Further, personal contact
information such as home address, telephone or email is not dispersed to
either party. The Church is sensitive to potentially dangerous
situations and will proceed in ways that avoid serious danger. For
example, judges have the right to withhold parts of the acts from one or
both parties. In other more serious cases, other options are available.
Petitioners are encouraged to submit police reports, medical files as
well as restraining orders.
Selecting Witnesses
Typically petitioners are asked to select at least 3 witnesses who
can knowledgeably speak on behalf of the history of relationship, the
marriage, as well as the reasons for the break-up (Metropolitan Tribunal
Archdiocese of Chicago, 2010). It is important that the petitioner has
made sure the witnesses have agreed to participate before submitting
their names. The tribunal then sends these witnesses a series of
questions to answer about the couple, their dating and marital
relationship and any information they know about the couple's
family of origin. Since witnesses should be not be coached by the
petitioner, they should have some knowledge of the problems that existed
in the marriage and should feel comfortable speaking honestly about
them. The tribunal is interested in timely and honest feedback from
witnesses in order to make a sound decision on whether an annulment
should be granted (Peters, 2004). Furthermore, information provided by
the witnesses is confidential and is typically not shared with either
the petitioner or the respondent (Smith, 1995). In some cases, both the
petitioner and the respondent are provided an opportunity to review
witness testimony. Parents, siblings, as well as close friends (maid of
honor and best man) may serve as informative witnesses. (Children of the
couple are not appropriate witnesses.) Some parties may ask their
therapists to serve as witnesses. This is perfectly acceptable; however,
therapists should be chosen based upon their experience and knowledge of
the couple and the problems the couple has faced. In addition,
therapists may also serve as professional witnesses and may be contacted
to clarify some components of the petitioner's testimony or to
provide clarification in a specific area of expertise such as addictions
or marriage and family life relevant to the case (Smith, 1995).
Furthermore, the tribunal may seek additional information from
therapists who have previous experience working with the diocesan
tribunals, as well as those who are trained to use standard personality
profiles and psychological/psychiatric batteries (Peters, 2004).
Documentation
As previously mentioned, the first step of the annulment process is
making contact with a Procurator, or a priest, deacon or any other lay
pastoral minister. Sometimes it is during this first contact that a Data
Sheet is completed. Other times, the Data Sheet is sent to each party
after the petitioner made the initial contact, notified the former
spouse, and presented a list of witnesses. The data sheet includes
demographic information about both parties including contact
information, present marital status, and various dates related to the
relationship (i.e., courtship, engagement, marriage, separation, and
divorce). The names of the witness are also included. Furthermore,
petitioners are asked to include any information related to their
professional counseling experience during and after the marriage.
Several legal and church related documents must also be submitted
with the Data Sheet. Baptismal certificates, marriage certificate,
marriage license, as well as the final divorce decree should be
included. The Church recognizes that acquiring these documents may take
time and may pose additional challenges.
The Marital History
Each tribunal may have a specific questionnaire or outline; however
parties can be prepared to answer questions and sub-questions related to
personal and family background including early experiences with parents
and siblings, academic and vocational experiences, mental health,
addictions or problems with the legal system, previous intimate
relationships, as well as one's personality and temperament.
Detailed questions about the courtship, engagement, wedding and marriage
will be included. Finally, the petitioner will be asked to comment on
the marital breakdown and divorce including but not limited to what led
to the final separation, how family members and friends reacted, and how
parties currently behave and act towards each other.
Essentially the marital history provides a holistic assessment of
each individual including their family of origin, personal
characteristics and life experiences, as well as thorough history of the
former marital relationship. The process may be both lengthy and
emotional. However, with appropriate support, individuals completing the
marital history can use this self-reflection as a foundation for intra-
and inter-relational growth.
The Tribunal
The Church's position is that everything required for a valid
union was in place at the time of the marriage (Catholic Church and
Canon Law Society of America, 1983, no. 1060; Smith, 1995). As a
consequence, the process of determining if the consent was defective is
"made with moral certitude" (Diocese of Owensboro, 2011, p.
3.) and is involved, detailed and consists of multiple checks and
balances. First the case is reviewed by a member of the tribunal.
Petitions that are not appropriate or "weak" are "weeded
out" (Smith, 1995, p. 60). In such cases, petitioners are
encouraged to withdraw the case until additional and more solid evidence
can be provided. If it appears that a solid case can be developed, the
judge or tribunal psychologist assigned to the case may request a
meeting with either party or any of the witnesses. Additional counseling
records may be sought. At this point the witnesses and former spouse are
contacted. The former spouse is given the opportunity to present his or
her point of view. The former spouse need not participate, however is
given the opportunity to present his or her point of view.
After the tribunal has received the testimonies from the witnesses
as well as from the respondent, another review is conducted. At this
point, the tribunal may decide that more information is needed from any
given party. After this step is completed, a member of the tribunal or
preparator will study the evidence and may contact either former spouse
for further information (Foster, 1999). The preparator presents the case
to the first instance court. This court typically includes the judge
(bishop, priest, or deacon), the defender (or person whose job is to
uphold the validity of the marriage if evidence suggests it), at least
one expert (canon lawyer, professional counselor or psychologist, or
pastor), as well as the preparator. The judge may decide that additional
information is needed, or he or she may decide that ample evidence has
been provided to grant an annulment or "declaration of
nullity" (Smith, 1995, p. 66). Upon this decision, the case will
then go to the Appellate Court for a final review. The Appellate Court
typically upholds the decision of the first instance court. In positive
cases, the petitioner and respondent are notified and are free to marry
in the Catholic Church. In rare cases, the Appellate Court may decide
either the petitioner or respondent are incapable (temporarily or
permanently) of maintaining a valid Catholic marriage. Such individuals
are prohibited from marrying in the Catholic Church. In the case of
temporary prohibitions to marry, individuals may be required to seek
counseling, treatment and or some kind of rehabilitation.
The length of time it takes for an annulment to be processed and
granted is unpredictable. However, the Church requires that "all
cases are concluded as soon as possible so that in a tribunal of first
instance they are not prolonged beyond a year and in a tribunal of
second instance beyond six months" (Catholic Church and Canon Law
Society of America, 1983, no. 1453). In fact, all individuals involved
in process must take an oath agreeing that they will fulfill their jobs
faithfully and properly (no. 1454). The Tribunal is mandated to gather
information and assess it, in search of the truth. They are also
mandated to move the case efficiently to resolution.
The Annulment Process: Counseling Implications
It is important for therapists to understand that whether clients
are petitioning for an annulment, completing the necessary paperwork or
waiting for the Church courts to come to a decision, it can be an
ongoing spiritual, emotional, and mental process. There may be various
ups and downs; doubts and fits of rage, sadness and loss, as well as
joy, thanksgiving, and even a stronger relationship with self and God
(see Table 1 for the role of the counselor during stages of the
annullment process).
The Initial Stages of the Process
Each stage of the process may elicit varying experiences for the
client. For example, during the initial steps, persons may be
apprehensive and nervous. Unfortunately there are many misconceptions
about the process such as how much it costs, how long it will take, as
well as about how an annulment or divorce impacts one's standing in
the church (Foster, 1999). All of these may be questions the client is
struggling to find answers to as he/she begins the annulment process.
Consequently, therapists can encourage clients in being assertive about
bringing their question to their priest or advocate. Clients may also
want to share and talk about the documentation and materials that they
are required to complete about their relationship, family-of-origin, as
well as other personal struggles (e.g., mental health issues).
Needless to say, it may not take much time for clients to
experience the resurrection of old wounds and hurts. Professional
counseling can offer a safe context for clients to reflect upon and heal
from the wounds they are bringing to the surface. In addition, clients
may process how they got involved in the relationship to begin with, how
their behavior may have contributed to the problems, as well as what
they want to do differently in future intimate relationships. Therapists
might help clients gain greater insight about themselves personally and
interpersonally by employing cognitive-based techniques, a genogram,
Style of Life summary (Duba & Watts, 2009; Sweeney, 1975), How I
Remember My Family Questionnaire (Watts, 2000), or a Basic Needs
Genogram (Duba, Graham, Britzman, & Minatrea, 2009).
The Center for Applied Research in the Apostolate at Georgetown
University reported in 2002 that the three major reasons Catholics
sought annulments were: (1) the ability to remarry in the Church, (2)
conforming to Church doctrine and (3) to promote personal healing. The
report also found that reasons for being against annulment included
respondents misperceptions regarding several issues including:
"making the children illegitimate," seeing the process of
hypocritical by denying the existence of the marriage, and allowing the
petitioner to abdicate responsibility and relieve guilt (Center for
Applied Research in the Apostolate, 2002). Counselors who are
knowledgeable about the annulment process, yet not necessarily connected
with the Catholic Church may be of great assistance in providing factual
information and thereby helping clients to understand any ambivalence
about the process.
In 2005, an anonymous article, The Anguish of Annulment, a Personal
Journey, appeared in America, a Catholic periodical. The author outlined
the emotional impact of the annulment process by presenting a case
study. In this study, he describes the feelings of some in the words of
the petitioner's mother to the petitioner's children, "Do
you know what your mother has done? She is claiming that the marriage
never existed ... that makes you (the children of that marriage)
illegitimate" (Anonymous, 2005, p.15). Similarly, the author
described the reaction of the ex-husband as anger and depression in
reaction to the denial of the existence of the marriage at all, thus
denying even the good times. Therapists can be of assistance to those
affected the annulment process by attending closely to the cognitive
dissonance that surrounds the process. The complexity of thinking that
allows one to separate the civil marriage from a valid sacramental
marriage is a cognitive labyrinth in which the counselor may serve as a
guide.
Contact with Former Spouse
As previously mentioned, clients may have contacted their former
spouse, or their priest or advocate may have made the contact.
Regardless, this step of the annulment process may raise additional
angst and fear among petitioners. Therapists can remind their clients
that the Church's goal is not to place additional and undue fear
upon them. Further, the Church must consider such legitimate fears and
act accordingly. However, even in cases of non-violence marriages,
clients may experience unease. There are several ways in which
counseling can assist them. For example, clients may be encouraged to
role-play how they may respond to their former spouse if he/she
challenges them or attempts to contact them upon finding out about the
annulment. Through the use of imagery, sand tray or art therapy, clients
may develop an emotional safe place when feeling particularly restless.
Clients can be coached to identify supportive friends and relatives as
well as physically safe places.
Recounting the History of the Marriage
As previously mentioned, the petitioners, as well as the respondent
are required to complete an in-depth questionnaire. Clients may take the
position that to drudge up these old memories may be too painful and a
waste of time. However, through the process of answering very specific
and personal questions, the petitioner (and respondent) has the
opportunity to provide a thorough and honest description of the marital
problems, shortcomings, and failings of themselves and their former
spouse, as well as other involved family members (Smith, 1995). On one
hand it could be quite tempting to avoid pain and even personal
responsibility by talking about the marriage in perfect terms or by
focusing on what the former spouse did or did not do to keep their end
of the marital contract. However, with the support of family members,
friends, the church community and an understanding therapist, this
activity could be spiritual and self-transforming, as it requires
looking at oneself deeply, honestly, courageously, and openly.
Foster (1999) says it quite eloquently, the annulment process
"can reopen old wounds resulting from a person's childhood and
failed marriage ... many individuals place an imaginary cap over their
woundedness" (p. 162). The annulment process essentially removes
this cap and provides the individual with the opportunity to be
vulnerable, open, and honest in order of healing to begin. Any of the
following experiences or therapeutic goals may be a part of the healing
process: forgiving former spouse, self and others; revisiting past
traumas; reexamining relationships with family and friends; developing
new friend and support networks; adjusting to financial and standard of
living changes; developing healthy dating and relationship patterns;
taking risks in interpersonal relationships (such as trusting again);
and coping with a changing personal identity.
Conclusion
The role of therapists, while not that of a spiritual director or
religious advisor, is to walk the journeys of growth and pain with their
clients. Cultural competence requires that counselors be aware of their
feelings, knowledgeable regarding cultural issues of the clients, and
skilled in providing care across cultures. Religious identity, no less
than ethnic, racial, or sexual identity is potentially salient in the
client's journey. The present article seeks to articulate one area
of concern for Roman Catholic clients. Future studies might address
other religious issues that may be of importance to counselors working
with clients of various religious backgrounds.
References
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Jill D. Duba
Western Kentucky University
Richard F. Ponton
Georgian Court University
Correspondence concerning this article should be addressed to Jill
D. Duba, Ph.D., Associate Professor, Department of Counseling and
Student Affairs, Western Kentucky University, 1906 College Heights
Blvd., Bowling Green, KY 42101; jillduba.sauerheber@wku.edu
Dr. Jill D. Duba, a Licensed Professional Counselor serves as an
Associate Professor in the Department of Counseling and Student Affairs
at Western Kentucky University. She has published numerous articles and
conducted research related to religion in counseling. Dr. Duba also acts
as an annulment Advocate for the Catholic Church. She maintains a
private practice in which she provides Christian-based counseling
services.
Dr. Richard Ponton, a Licensed Professional Counselor serves as the
director of Human Services at the Township of Ocean in Oakhurst, New
Jersey. He also serves as cochair on the American Counseling Association
Professional Standards committee and as editor of the New Jersey
Counseling Association Newsletter. Dr. Ponton has made significant
contributions to the field of professional counseling. He also has an
extensive list of publications.
Table 1
The Roles of the Counselor in the Annulment Process
Annulment Role of Counselor
Process and Step
Making Contact 1. Explore the value and meaning ascribed to
with Church the annulment process
Official
2. Explore any reservations and/or how she/she
feels and believes about having to "deny" that
a marriage existed in order to stay faithful
to the Catholic Church
3. Discuss the reactions of the client's
friends and family regarding his/her
decision to divorce and to pursue an
annulment
4. Explore feelings and experiences that the
client anticipates encountering
through the process
5. Explore how the client sees him- or herself
moving through the process (behaviors,
thought processes, feelings)
6. Explore where the client wants to be at the
conclusion of the process (spiritually,
emotionally, mentally, physically)
7. Provide and explore information about the
annulment process (See Appendix for a list
of Resources for clients).
8. Connect the client to various support
groups such as Catholic divorce groups
(http://www.retrouvaille.org/;
http://www.divorcedcatholic.com/) or
other Christian based support groups
(i.e., Celebrate Recovery,
http://www.celebraterecovery.com.au/)
9. Explore and discuss fears and apprehensions
associated with informing former spouse
of annulment petition
10. Discuss safety plan if the client is
afraid of his/her former spouse's response
to the annulment petition.
Notification of 1. Continue to explore fears and apprehensions
Former Spouse associated with informing former spouse
of annulment petition
2. Role play how client may want to respond to
former spouse after he/she receives
notification of annulment petition
3. Explore how client wants to inform former
spouse (if he/she is expected to do so)
4. Create and maintain a system of people who
can be readily available for support
5. Provide ways client can manage anxiety
outside of counseling office (e.g., stress
and relaxation management)
6. Address client anxiety in counseling
session (i.e., EMDR, art therapy, music
therapy, deep breathing)
Selecting 1. Explore appropriate witnesses who could
Witnesses speak to the history of the relationship
(from dating until current)
2. Discuss the possibility of the being asked
to testify on behalf of the client
3. Address the financial cost of the annulment
process; and begin to strate-gize ways
of saving for costs if need be
Completing the Data 1. Provide emotional and mental support for
Sheet and Other the client as he/she begins to locate and
Documents obtain various documents
2. Provide and practice stress and relaxation
management techniques
Completing the 1. Provide a context for the promotion of
Marital History deeper insight (i.e., genogram; Style of Life
Summary; Sweeney, 1975; Basic Need Strength
survey; Duba et al., 2009; How I Remember My
Family Questionnaire; Watts, 2000)
2. Address how current support system is
helpful or not helpful; identify new members
of support system if needed
3. Link counseling to the process the client
is experiencing in formal support group(s)
4. Explore and create coping strategies that
enable the client to take an emotional break
from the process
The Tribunal 1. Stress importance of incorporating stress
management activities
2. Discuss potential responses if Church
prohibits client from remarrying in the
Catholic Church
3. Begin to think about and discuss ways in
which client needs to debrief and begin
a new chapter in his/her life