<P> However, there are some significant differences between divorce and annulment . Divorce is concerned merely with the legal effects of marriage . Annulment, however, is also concerned with the reality of whether or not a true marriage was ever formed . This leads to the second difference . At least in most countries, divorce is always possible . However, not all applications for marriage nullity are granted . </P> <P> An annulment from the Catholic Church is independent from obtaining a civil annulment (or, in some cases, a divorce). Although, before beginning a process before an Ecclesiastical Tribunal--it has to be clear that the marriage cannot be rebuilt . Some countries, such as Italy, allow the annulment process to substitute for the civil act of divorce . In many jurisdictions, some of the grounds the Catholic Church recognizes as sufficient for annulment are not considered grounds for a civil annulment . In such cases, the couple will often need to be divorced by the civil authorities to be able to remarry in the jurisdiction . Once the Church annuls a marriage it would generally prefer that the marriage be subsequently annulled by the civil courts . However, should this not prove feasible, a civil divorce is acceptable . </P> <P> If someone has been married previously and the first spouse is still alive, he or she must have received a Declaration of Nullity before entering into a marriage in the Catholic Church, even if neither party in the marriage was Catholic (privilege of faith being separate cases). The Catholic Church treats as indissoluble and valid every marriage when it is the first marriage for both parties . However, the church does not recognise as valid a marriage when one of the parties is Catholic but the marriage was not celebrated before a Catholic priest (unless a dispensation was first obtained). </P> <P> Canon law presumes that all marriages are valid until proven otherwise . Annulment respondents who want to use canon law to defend their marriage against declarations of invalidity have the right to have a competent advocate assisting them . An advocate is like a lawyer . Respondents have the right to read the petition (called libellus, meaning "little book") of the petitioner . The petition must describe, in a general way, the facts and proofs that the petitioner is using as the basis for alleging that parties' marriage is invalid . It is necessary that tribunal judges study the jurisprudence of the Roman Rota, since the rota is responsible to promote the unity of jurisprudence and, through its own sentences, to be of assistance to lower tribunals (Dignitas Connubii, art . 35, citing Pastor bonus, art. 126). Annulment respondents can use case law from the Roman Rota to support their defense of marriage . Roman Rota decisions are available at Msgr . Cormac Burke's website . </P>

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