FAQ's
It is nearly impossible to answer here every question that might arise about the rather complex process and procedures applicable to the Tribunal. Below is a listing of some of those questions most frequently encountered. If you have a question that you believe should be added to the list, please use the link below to submit it to us. Thank you. tribunal@ptdiocese.org |
Why does the Church not recognize my divorce?
What is most frequently meant by this question is: "Why can't I marry again?" Simply put, the Church follows the teachings of Jesus Christ, whose words on this are quite clear. He was asked, "Is it lawful for a man to divorce his wife?" In the gospel of Mark we find his reply, "But from the beginning of creation, 'God made them male and female.' 'For this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one flesh.' So they are no longer two, but one flesh. Therefore what God has joined together, let no one separate." Then in the house the disciples asked him again about this matter. He said to them, "Whoever divorces his wife and marries another commits adultery against her, and if she divorces her husband and marries another, she commits adultery." (Mark 10:6-12)
When I divorced, wasn’t I automatically excommunicated?
No. A divorce is a civil legal function, declared by civil courts. Often it involves issues beyond the marital status of the parties, such as: to establish parental rights; to determine child and/or spousal support; to dispose of common/marital property; and other such civil matters. The divorce itself places no restrictions on reception of the Sacraments. A person who has received a divorce and not remarried is free to practice the Faith fully and should do so.
I am already divorced. Why do I need a declaration of nullity?
Since marriage is an indissoluble state, anyone who has married and subsequently divorced is not necessarily free to marry again. The bond of marriage ends, of course, with the death of one's spouse. Moreover, freedom to marry can also be established through a declaration of nullity by a competent Church tribunal. This is commonly referred to as an "annulment".
What is an “annulment”?
Most people use the word “annulment” when referring to a declaration of nullity, although it is really an inappropriate use and the term is not found anywhere in the Code of Canon Law. Basically a declaration of nullity is the result of an investigation and subsequent finding that the vows exchanged by the couple at the time of their marriage were not valid and, therefore, not efficacious in establishing a marriage as understood by the Church. Such a finding is most often made by a judge through a definitive judicial sentence.
How can a marriage not be valid?
When a couple exchanges vows, the marriage is presumed to be a valid one. But there may be some defect present which was not recognized at the time. There are three basic categories of possible defects that can cause nullity: canonical form, diriment impediment, and consent. Different approaches may be indicated depending on the circumstances of the individual marriage. Lack of canonical form affects only a Catholic marriage. Impediments usually affect the capability of a person to marry. It is generally the third category, consent, that is involved in most cases submitted to the Tribunal. There are a number of ways in the Catholic understanding of marriage that the offered consent might have been defective, but that must be proven to the judge's moral certitude.
How long will my case take?
It is impossible to predict accurately the time needed to conclude a case, especially if it involves a formal case. Sometimes there are delays in obtaining the needed witness testimonies and some cases will require an interview and report from a court-appointed expert. The current case load of the Tribunal affects timing, as well as periods of vacation or holidays. Finally, there are some Code-mandated periods that the parties to the case have in which to place certain actions. These are some of the events over which there is little control. However, during the processing of a case, the parties are free to inquire about the progress at any time. It is absolutely essential that no wedding plans (scheduling) are made prior to the receipt of the final decree of nullity.
What does the process cost?
Most cases are processed without any associated local cost. However, some cases do have fees. The required fee depends the type of case and other things.
I'm a Protestant. Why do I have to have my previous marriage declared null?
If you are intending to marry a Catholic, both you and your fiancé must be free to marry. Marriage ends only at the death of one of the parties. If your former spouse is still living, then the Church presumes that the vows you exchanged with your former spouse are valid and, despite your civil divorce, that you are still married to the person. Obviously, you are not free to marry in the Catholic Church, and your intended spouse could not marry you under these circumstances. If the Tribunal were presented sufficient proofs to overcome the law's presumption of the validity of your former marriage, then you would be free to enter into marriage in the Catholic Church. That is what the nullity process seeks to determine.
An “annulment” is a Catholic's divorce?
No. Divorce is a civil dissolution of a marriage contract. The Catholic Church does not recognize divorce as ending the indissoluble bond of marriage. Scripture is quite clear about this, and the Church is equally clear about this teaching. Rather, a declaration of nullity is a finding that, after thorough investigation, the presumed valid marriage had been flawed from the beginning—the bond of marriage never occurred.
What about our children, if my marriage is declared null?
People sometimes erroneously believe that a declaration of nullity makes their children illegitimate. That is not true. The Code of Canon Law is explicit that children conceived or born of a putative marriage are legitimate. It is a good idea for a parent petitioning for nullity to discuss this with children who are old enough to understand.
Who will have access to my petition and other testimonies?
Confidentiality is very important and is strictly enforced. Other than the parties themselves and their advocates/procurators, only officers of the Tribunal who are assigned to a case will have access or knowledge about it. However, in the interest of justice, both parties (petitioner and respondent) have the right to review the Acts of the case prior to a decision being made.