A declaration of nullity process does not wish to place the spouses in the position of adversaries, trying to determine fault or blame. Both spouses have equal voice in the review. He or she can present information, name witnesses, and have a procurator/advocate with whom to work. The petitioner has no advantage being the petitioner.
The review judge remains impartial to both parties. Sometimes one spouse attempts to turn the declaration of nullity process into a continuation of the arguments that were present at the divorce. The respondent may incorrectly see a petition as his or her spouse asking the Church to assign blame or condemn them for their actions in the marriage. The respondent may not understand how the Church can allow the so-called "guilty" person to request a declaration of nullity, and will tend to see the declaration of nullity as condoning the sinful actions of that spouse.
The review judge remains impartial to both parties. Sometimes one spouse attempts to turn the declaration of nullity process into a continuation of the arguments that were present at the divorce. The respondent may incorrectly see a petition as his or her spouse asking the Church to assign blame or condemn them for their actions in the marriage. The respondent may not understand how the Church can allow the so-called "guilty" person to request a declaration of nullity, and will tend to see the declaration of nullity as condoning the sinful actions of that spouse.
The spouses in the marriage are not judged; the bond of marriage is what is judged. The respondent is encouraged to actively participate in the proceedings. An attempt is made to answer all of the respondent's questions in a manner that assures this person that he or she is an equal participant in the process. Sometimes both parties join their efforts in seeking an affirmative decision. At other times, the respondent is indifferent towards the outcome. Speak up, present your case, consult with each other (Isaiah 45:21)