Divorce with No New Marriage in the Church The Tribunal Divorce of itself does not prohibit a Catholic from … A Time for Healing and Reconciliation receiving the sacraments or limit his/her involve- Diocese of ment in the Church. However, Church discipline holds that divorced Catholics who remarry without a Sacramento declaration of nullity may not receive the Eucharist. What is the Marriage Tribunal? Who May Apply for a Declaration The church encourages such Catholics to continue The Code of Canon Law directs that every bishop of Nullity? establish an office whose purpose is to determine practicing their Catholic faith and being active in the Anyone, baptized or unbaptized, Catholic or Church in all other ways, assuring them of God’s whether or not a particular marriage is a binding non-Catholic, may petition for a declaration of union. This diocesan office is staffed by specially love ;and reminding pastors that these persons are nullity. entitled to pastoral care. If a marriage case has been trained priests, deacons, religious and lay persons who study a failed marriage and determine whether processed by the Church’s Tribunal and a declara- Does a Declaration of Nullity Affect tion of nullity could not be given, the parties are the relationship was a true marriage as described by encouraged to consult their pastor or pastoral min- the Church. the Legitimacy of Children? istry for appropriate direction and guidance on how No. Children born of a marriage which might best to continue living their Catholic faith and partic- Defining Marriage later be declared null are protected by Church ipating in the Church. The Church teaches that marriage, within God’s law and are considered legitimate. In fact, when plan, is an intimate partnership of life and love. The nullity is declared by the Church, there are no Church expects a man and a woman to commit civil consequences on such issues as legitimacy themselves to each other for life. They are to be of children, property settlement, child support, faithful to each other and open to having children. inheritance rights, etc. Husbands and wives render mutual help and service to each other through an intimate union of their The Process persons and of their lives. In short, marriage is a The following is a brief outline of how a formal union of two persons, an interpersonal relationship case proceeds: Annulment which includes the sharing of the whole of their lives. This commitment of spouses presumes suffi- 1. The petitioner contacts the parish where cient maturity, freedom, knowledge, and psycholog- he/she lives. An interview is conducted by a ical capacity. parish advocate (priest, deacon, pastoral minis- ter) who explains the process, answers ques- ...a time for healing What is an Annulment? tions, and assists in the preparation of the initial The term “annulment” is a popular, but not totally documents. You will need: a current copy of and reconciliation accurate, word for a declaration of nullity which is your baptismal certificate with notations (if an official declaration by the Tribunal that what Catholic), marriage certificate, final decree of appeared to be a marriage was in fact, not a true divorce, and a short summary of the relation- marriage as the Church understands it. A declaration ship (see “A Guide to Writing Your Summary” of nullity does not deny that a relationship existed, for help). These documents, along with a $150 nor does it imply that the relationship was entered non-refundable deposit, are submitted to the into with ill will or moral fault. Rather, after a care- Tribunal by the parish advocate. The Tribunal ful and thorough study, the Tribunal issues a decla- Diocese of Sacramento Salus Animarum ration of nullity when it is proven that some ingredi- 2110 Broadway Sacramento CA 95818 Suprema Lex ent necessary for a true marriage (e.g., proper in- tention, sufficient psychological maturity, capacity, Phone: (916) 733-0225 “The salvation of souls is freedom, and knowledge) was lacking when consent Fax: (916) 733-0224 was exchanged. Email: [email protected] the supreme law.” Website: www.tribunal.scd.org An annulment does not mean that the marriage never occurred, but that it was not the God-given bond of the sacrament of marriage.

2. The location where the marriage oc- 8. The Judge (or Judges) of the Tribunal careful- How Long Does the Process Take? Is One Free to Remarry in the curred and the residence of the respond- ly studies the case, often consulting with psy- Each case is unique and processing time varies Church after Receiving a ent determines which Tribunal will have chological and pastoral experts. If the judge for each case. Factors such as the strength of Declaration of Nullity? jurisdiction. Usually, the Tribunal of the reaches moral certitude that invalidity has the grounds, the involvement and insight of the If a marriage is declared null, and there are petitioner (person seeking the declaration been established, then the Judge issues a dec- petitioner and respondent, the cooperation of no restrictions concerning remarriage, the of nullity) accepts the case, with the con- laration of nullity. the witnesses and the quality of their testimo- usual procedure of preparing for marriage sent of the Tribunal where the respond- ny, and the requirement for review of every in the Catholic Church may be started by ent (former spouse) lives. It is required 9. Both parties have a right to appeal the deci- case by the Court of Second Instance have a contacting the local parish. The respondent that the petitioner’s civil divorce be final sion rendered by the Judge(s). Even if there is significant effect on the length of time each derives the same benefits as the petitioner before the Tribunal can accept the case. no appeal, all declarations of nullity receive a case takes. Generally it takes between 12 and from a declaration of nullity and is free to mandatory review by another panel of judges 18 months to complete. No new marriage may remarry in the Church once an affirmative 3. The Tribunal sends a questionnaire to (Court of Second Instance). be scheduled in any Catholic parish until the decision is rendered. the petitioner and asks that he/she give process is complete. While many declarations full account of the marriage to be evalu- of nullity are granted, this is not true for all What are the Rights of the Parties? If a marriage is declared null for causes that ated. cases. The petitioner has the right to request that may still exist, a second marriage obviously

his/her former marriage be studied by a Tribu- cannot be permitted until it has been 4. The former spouse (respondent) must nal that has jurisdiction. The respondent has What are the Fees? demonstrated that the cause which invali- be contacted by the Tribunal, informed of the right to know that this petition has been Although the actual costs are much higher, the dated the first marriage has been removed. his/her rights, and, if willing to participate entered. Both parties have the right to give a fee for process a formal case is $600, which Therefore, a professional evaluation and in the process, is sent a questionnaire. If statement about the marriage, to read each includes the $150 non-refundable deposit re- counseling may be required in such situa- the respondent chooses not to partici- other’s statement, to have an advocate, to quired at the start of the case. The balance tions, along with pastoral counseling. Again, pate, the progress of the case is some- name witnesses, to read the Judge’s decision ($450) will be billed periodically when the case such restriction may be placed on one or times impeded, but the case moves for- and to appeal the decision if he/she believes is formally accepted. Monthly payments are both parties. ward. procedural rights have been denied or that the acceptable. An additional fee is required if an decision was in error. expert witness is required for a case. It is im- What if a Declaration of Nullity 5. The petitioner names witnesses, i.e., portant to know that financial means in no way is not Issued? people who knew the parties well during Is the Procedure Draining? affects the progress of a person’s case or the A petition for nullity can be rejected by the the courtship and marriage and are will- Sometimes. Digging up the past and recalling eventual decision. Tribunal when there are no apparent ing to offer objective and insightful infor- painful experiences can be difficult. However, grounds or legal basis according to Church mation. The respondent, if cooperating, is there is much to be gained by facing the reality What about Confidentiality? law, or when the grounds for nullity cannot also asked to name witnesses. of a failed relationship and admitting appropri- Inspection of the Acts only takes place by prior be substantiated because of inadequate ate responsibility for it. The process affords the appointment at the Tribunal office during those witness testimony or documents. However, 6. The respondent may appoint an advo- opportunity for increased insight into self, clari- times provided by Church law. Parties are noti- a rejected petition for nullity may be rein- cate from the Tribunal staff or another ty about relational issues and necessary healing fied of their opportunity during the course of troduced at some future time, when addi- advocate to represent his/her case. and closure. It also affords a deepening of the investigation. Documents or copies are tional information and testimony becomes one’s relationship with the Church and with never removed from the Tribunal. available. 7. The Defender of the Bond (a member God. of the Tribunal staff designated to protect the marriage bond) evaluates the case and present all significant reasons that would argue in favor of a valid marriage and against a declaration of nullity.