DECLARATION OF NULLITY PROCEEDINGS
Revised 08/21/07
DIOCESE OF JOLIET
THE MARRIAGE TRIBUNAL
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WHAT IS A MARRIAGE?
According to Church teaching, a true and consummated marriage between two baptized persons is permanently binding and cannot be dissolved. This is the Law of God according to the evidence found in the Old Testament, the Gospels of Matthew, Mark and Luke, the Writings of St. Paul and almost two thousand years of Christian tradition.
“Then some Pharisees came up and as a test began to ask Him whether it was permissible for a husband to divorce his wife. In reply, He said, “What command did Moses give you?” They answered, “Moses permitted divorce and the writing of a decree of divorce.” But Jesus told them: “He wrote that commandment for you because of your stubbornness. At the beginning of creation God made them male and female; for this reason a man shall leave his father and mother and the two shall become as one. They are no longer two but one flesh. Therefore, let no man separate what God has joined.” Back in the house again, the disciples began to question Him about this. He told them, “Whoever divorces his wife and marries another commits adultery against her; and the woman who divorces her husband and marries another commits adultery.” Mark 10:2-12
The Catholic Church understands marriage to be an enduring and exclusive partnership between a man and a woman for the giving and receiving of love and the procreation and education of children.
For those who have been baptized in any religion, a true marriage is, at the same time, the sacrament of matrimony.
The Church in our day has spoken regarding marriage in a statement found in the Pastoral Constitution On the Church In the Modern World (No. 48), issued by the Second Vatican Council:
“The intimate partnership of married life in love has been established by The Creator and qualified by His Laws. Hence, by that human act whereby spouses mutually bestow and accept each other, a relationship arises by Divine Will and, in the eyes of society, too, is a lasting one. For the good of the spouses and their offspring, as well as of society, the existence of the sacred bond no longer depends on human decisions alone.
“For God himself is the author of matrimony, endowed as it is with various benefits and purposes. All of these have a very decisive bearing on the continuation of the human race, on the personal development and eternal destiny of the individual members of the family, and on the dignity, stability, peace and prosperity of the family itself and of human society as a whole. By their very nature, the institution of Matrimony itself and conjugal love are ordained for the procreation and education of children…
“Thus, a man and a woman, who by the marriage covenant of conjugal love ‘are no longer two, but one flesh’ render mutual help and service to each other through an intimate union of their persons and of their actions. Through this union, they experience the meaning of their own oneness and attain to it with growing perfection day by day. As a mutual gift of two persons, this intimate union, as well as the good of the children, imposes total fidelity on the spouses and argues for an unbreakable oneness between them.”
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WHAT IS THE STATUS OF A DIVORCED CATHOLIC IN THE CHURCH?
A divorced Catholic remains a member of the Church in good standing and is free to receive the Sacraments.
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HOW IS IT POSSIBLE FOR A DIVORCED PERSON TO
MARRY IN THE CATHOLIC CHURCH?
A divorced person of any religious denomination, or having no religious affiliation, is free to marry in the Catholic Church only after he or she has received a declaration of nullity of his or her marriage.
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HOW IS A DECLARATION OF NULLITY POSSIBLE?
Although not every marriage is a sacrament, every marriage (Catholic, Protestant, Jewish, Non-Believer, etc.) is presumed to be a valid marriage. The good of all concerned (spouses, children, in-laws, society, the Church, etc.) demands this presumption.
In every presumption, the opposite may be true. If sufficient evidence can be shown that a particular marriage is invalid, the original presumption no longer holds.
Therefore, when it can be proved that a specific marriage is not a true marriage, or not a sacrament, or not consummated, then it is possible for the Tribunal to declare that the parties are free to marry in the Catholic Church.
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WHAT IS THE PURPOSE OF THE TRIBUNAL?
Church Law (Canon 1419) calls for the existence of a Tribunal in every Diocese of the world. The Tribunal of the Catholic Church of Joliet is under the direction of the Bishop of Joliet and is supervised by his delegates. The staff of specially trained and experienced priests, religious, and lay persons offers assistance to persons who request that the Church study a marriage, in order to determine whether or not there is any possibility of a declaration of nullity. The Tribunal does not seek to determine the “guilt” of either party during the study of the marriage.
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WHAT IS THE STUDY OF A MARRIAGE?
The study of a marriage determines whether or not there is a ground acceptable in Church Law that would invalidate a marriage and whether or not this particular ground can be proved “beyond a reasonable doubt” to have actually existed in the marriage being studied.
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WHO MAY APPLY FOR A FORMAL DECLARATION OF NULLITY?
Everyone has the right to apply for an investigation of his or her former marriage. This application must be made to a Tribunal which has proper jurisdiction, i.e., the Tribunal in the Diocese where the marriage in question took place, or in the Diocese where either of the two parties currently live.
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DOES A FORMAL DECLARATION OF NULLITY AFFECT
THE LEGITIMACY OF CHILDREN?
No, a declaration of nullity does not affect the legitimacy of the children.
The Church specifically teaches that children born of a marriage that has been declared null are considered legitimate.
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DOES A FORMAL DECLARATION OF NULLITY
HAVE ANY EFFECT UNDER CIVIL LAW?
In the United States, Church annulments have no civil effect. Therefore, a civil divorce must be obtained before one may petition the Church for a declaration of nullity.
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IS TESTIMONY KEPT IN CONFIDENCE?
Church Law requires that the Petitioner and the Respondent be given the opportunity at their request to know the statements of each other at the Tribunal Office. Due to the nature of the information, every effort is made to preserve confidentiality, and it is the policy of the Tribunal to disclose this information to those persons only who are duly authorized by Roman Catholic Church Law (Canon 1598). BECAUSE OF THIS CONFIDENTIALITY, ALL INQUIRIES, ETC., MUST BE HANDLED BY MAIL, AND NOT BY TELEPHONE.
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HOW IS A FORMAL DECLARATION OF NULLITY PROCEDURE STARTED?
A Petitioner for a Church declaration of nullity should contact a priest or deacon, or pastoral minister who will give the Petitioner the proper introductory form. On completion of the form, it should be returned to the Tribunal.
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WHY ARE WITNESSES REQUIRED?
Church Law (Canon 1679) requires that the testimony of the Petitioner must be corroborated. The number of witnesses will depend on the nature of the case and the knowledgeability of the witnesses. They do not need to be experts, but simply people who knew well the partners in the marriage. Anyone, including family, relatives, and friends who knew well the Petitioner and/or the former spouse can act as a witness. Ordinarily, children of the parties are not to be included as witnesses. The Tribunal will contact the witnesses by mail and send them a questionnaire. The Petitioner and/or the Respondent should inform potential witnesses that their names have been submitted and encourage them to offer prompt and complete answers to the questionnaire.
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WHAT ABOUT SPECIAL WITNESSES?
In many cases doctors, psychiatrists, psychologists, professional counselors, priests, ministers, and rabbis have been consulted before or during the marriage in order to assist a person or a couple. Should this be the case, the complete name(s) and address(es) of the professional(s) must be provided and a professional release form will be sent to the party involved, for his/her signature.
Usually, it is necessary for the court to utilize the services of an expert who is a psychologist or a psychiatrist. Such professionals can provide information to the Tribunal that may be of great value in the study of the marriage.
Church Law (Canon 1579)
The cost of the expert is, at present $225.00. It is understood that this fee could be changed in the future. PLEASE NOTE THAT NO CASE WILL BE REJECTED BECAUSE OF THE PETITIONER’S INABILITY TO PAY THE FEE.
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WILL THE FORMER SPOUSE BE CONTACTED?
The Tribunal is required by Church Law (Canon 1508) to inform the former spouse that the investigation has been initiated, to offer him or her an opportunity to participate, and to name his/her own witnesses.
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WHAT IF THE ADDRESS OF THE FORMER SPOUSE IS UNKNOWN?
It is important that every reasonable effort be made to obtain the address of the former spouse. If this is not available, then the Tribunal requests his/her last known address together with the address of a family member through whom he/she can be contacted.
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WHO DECIDES IF A DECLARATION OF NULLITY SHOULD BE GRANTED?
The Presiding Judge writes the Petitioner and the Respondent (former spouse), giving his name and that of the Church Notary and the Defender of the Marriage Bond. The Presiding Judge then asks the Petitioner and the Respondent to complete a questionnaire.
After all of the evidence has been gathered, the Defender of the Marriage Bond and the Church Advocate representing either Petitioner or the Respondent offer their views on the case. After a review of all the material, the Judge will render a decision. All affirmative decisions must be reviewed by a Court of Appeal. Decisions rendered by the Joliet Tribunal are reviewed by the Court of Appeal in Chicago. The parties are free to formally appeal a decision.
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WHAT ARE THE COURT COSTS?
The Marriage Tribunal is subsidized by the faithful of the Diocese of Joliet. The current cost for the processing of the case is $750.00. The portion you are asked to share is a minimum of $350.00.
UNDER NO CIRCUMSTANCES WILL AN ANNULMENT BE DENIED BECAUSE A PERSON CANNOT MEET ANY OF THE EXPENSES INCURRED BY THE TRIBUNAL IN A GIVEN CASE.
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ARE THERE ANY FURTHER REQUIREMENTS FOLLOWING AN AFFIRMATIVE DECISION BEFORE A MARRIAGE CAN BE CELEBRATED IN THE CHURCH?
In informing both parties of an affirmative decision, the Judges may find it necessary to make a recommendation for counseling or impose a prohibition.
A recommendation is based on the hope that the person will pursue adequate counseling for the well-being of all parties concerned in a subsequent marital relationship. A prohibition is given in most cases when there is serious doubt that a person is currently capable of entering into a binding union. This restriction requires consultation with the Tribunal before another marriage can be celebrated in the Church.
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WHEN CAN A DATE BE SET TO MARRY IN THE CHURCH?
No parish minister is free to set a date for a wedding in the Church until after the notification of an affirmative decision has been received, and all requirements of the decision have been met. In addition, it is possible that an annulment might not be granted, if the evidence is insufficient to prove the nullity of the marriage. Also, if the decision is appealed, a proposed marriage date may pass before the process is completed, presuming the annulment is granted.
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HOW MUCH TIME DOES THE ENTIRE PROCESS TAKE?
It is impossible to predict the length of time, because of a number of variable factors. No two cases are the same. The Tribunal will process every case as efficiently as possible.
Experience has taught the Tribunal that the major delays in declaration of nullity cases are the length of time it takes to gather the testimony of the witnesses. Hence, there is the need for witnesses to respond promptly.
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FOR ANNULMENT SUPPORT PROGRAMS
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