GENERAL INFORMATION
What is an annulment?
Properly called a "declaration of nullity, it is a statement by the
Tribunal that a marriage lacked something essential from the very beginning.
Who actually makes this judgment?
It is made by priests who are official members of a judicial staff. They are
trained in the application of Church Law.
What is required of me?
The one seeking a declaration of nullity must believe that the marriage was
seriously flawed from the very beginning and be able to provide proof of this through
witnesses, professional reports, etc.
What serious flaws could determine invalidity?
Entering marriage intending to exclude permanence, fidelity, or openness to
children; fraud; psychological incapacity or grave lack of judgmental discretion
are some of the grounds put forth in Church Law.
Is the status of children affected by a declaration of nullity?
No. Children from a legitimate marriage remain legitimate even if the marriage
is declared invalid.
Is there cost involved ?
The petitioner is asked to pay $400 toward the processing of the case. This may
be
handled by monthly payments. In a number of situations a psychological
evaluation may be needed. The petitioner is asked to bear this cost.
Is the information kept confidential?
You and your former spouse may read and comment on one another's statements.
Likewise, you may read witness testimony unless those giving it have requested
confidentiality. Information regarding your case is never given to witnesses.
The Tribunal staff is careful to protect confidentiality.
How long does it take?
The process for a declaration of nullity may take as long as three years,
depending on difficulties within the case and the number of cases being worked in the
diocese. No new marriage may be scheduled in any Catholic parish until the process is complete.
What if a declaration of nullity is not issued?
A Catholic who is divorced is not prohibited from receiving the sacraments.
However, Church discipline holds that divorced Catholics who remarry without a
declaration of nullity are not to receive the sacraments. The Church encourages
such persons to continue practicing their Catholic faith in the best way
possible, assuring them of God's love and reminding pastors that these persons
are entitled to pastoral care. Even if a declaration of nullity cannot be given,
the parties are encouraged to consult their pastor or pastoral minister for
appropriate direction on how best to continue living their Catholic faith.