So I was told today by my case worker at the diocese after she spoke to the judge that if I have no witnesses we “can’t do this”… My one and only witness is dead… it was my mom…I didn’t run around telling people what I was doing before, while I was engaged and while I was married… It wasn’t something I wanted people to know. So now because of this, I am being punished by the tribunal because my only witness is passed away and I didn’t share my dirty secret with anyone… I’m sorry but someone want to explain where the justice is in that because right now I am having a VERY hard time seeing it… I realize they want witnesses to corroborate the story but what I admitted to is not something anyone would lie about unless ofcourse they had no moral compass at all.
I could not help but respond to this post. I am not sure your case worker is correct, because your situation is certainly not the first time that this has happened in the history of the Church.
If you would like to continue this off thread, go ahead and PM me. I may have some suggestions for you tomorrow. And there are some questions I want to ask but not in thread.
I am praying for you.
BaileysMum, first of all I’m sorry to hear about your suffering. I too remember believing in my case, pleading it before a court and then not getting it (although not a single Church court case). Please understand, as it seems you do, that the court’s mission in this case is to ascertain the truth if it is going to declare a marriage null, and thus can’t be swayed by feeling or emotion, no matter how much the judges could feel sorry for a particular situation.
On the other hand, witnesses are not the only type of evidence known to court process (Can. 1527 §1. Proofs of any kind which seem useful for adjudicating the case and are licit can be brought forward.) and the task of the petitioner is to prove his case and not to provide sufficient witnesses. Witnesses are only a means to an end, the end being proving the case. Can you get a canon lawyer? If so, I would get one and get him to file all sorts of evidentiary motions to substantiate your claims. Heck, I would voluntarily take polygraph (though not 100% reliable, they’re helpful). A party’s testimony’s weight can also be improved somewhat by an oath but that’s up to the judge to order or not.
without saying what it is, perhaps your “husband” (the one whom you are divorced from) could serve as a witness. If he’s on board with a divorce, perhaps he won’t mind serving as a witness (unless, of course, whatever the situation is is something he’ll not want to admit to)?