The Annulment Process
In conjunction with the concern for her people expressed by the universal Church, the Church of the Diocese of Madison has developed this information to provide pastoral ministers and the parties seeking to declare a former marriage invalid with answers to commonly asked questions.
- What is an annulment or declaration of invalidity?
- How is this different from a divorce?
- What are the reasons that may be used in applying for a declaration of invalidity?
- Who applies for a declaration of invalidity?
- What does a declaration of invalidity do to my children?
- Am I excommunicated if I divorce?
- Does the Church owe me a declaration of invalidity?
- What are the steps to take to receive a declaration of invalidity?
- How long does it take?
- When can I get married again?
- Where do I go for help?
- How much does it cost?
- Who staffs the Tribunal and how do I contact them?
1. What is an a declaration of invalidity?
An annulment, or more properly, a declaration of invalidity is a judgment given by the Church that a union of two people was not a valid marriage from its very beginnings, according to the understanding of marriage held by the Church. This declaration says nothing about the civil effects of the relationship.
The process of obtaining a declaration of nullity is a judicial process in the eyes of the Church and is conducted according to the laws and jurisprudence of the Church. As a judicial process, the invalidity of the marriage must be proven before the Tribunal, the court system of the Church.
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2. How is this different from a divorce?
A civil divorce indicates that the marriage is legally over and is concerned with the reasons for the end of the marriage. The question that Tribunal personnel must examine is whether this marriage was valid from the beginning.
It is important to note that some of the reasons used in obtaining a civil divorce are not sufficient reasons for an annulment (e.g., infidelity). However, the underlying causes may be useful and helpful as the reasons for proving an annulment.
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3. What are the reasons that may be used in applying for a declaration of invalidity?
There are a number of reasons that interfere with two people properly consenting to a marriage or being able to live out the expectations of marriage. Often, these inabilities are inherent in the background or personality of one or both of the parties. At other times, circumstances surrounding the wedding may have interfered with the person's clear understanding of what marriage entailed.
Certain elements of Church law apply to a marriage. These include the free will exchange of consent before a person properly authorized to witness that consent. If this consent was improperly exchanged or exchanged before a person not properly able to witness the exchange, the marriage is null.
The Tribunal examines those factors present at the time of the wedding and during the relationship in order to make a determination of the specific reasons, or grounds, that will be questioned.
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4. Who applies for a declaration of invalidity?
All marriages are viewed as sacred and valid by the Church. As such, any marriage conducted by the proper form for any religion is presumed valid. If a divorce occurs, even non-Catholic marriages must be examined.
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5. What does a declaration of invalidity do to my children?
Children of a union are legally unaffected by a declaration of invalidity and have full standing in the Church. Church law recognizes, and requires that support be given to the children as required by civil law.
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6. Am I excommunicated if I divorce?
No! This is a common myth that has surrounded divorce and the Catholic Church in the United States. The Church has never indicated that a divorce alone was a cause for excommunication. Divorced people are full members of the Church and have the same rights as non-divorced people; including reception of communion. Divorced persons who remarry a Catholic or are Catholic without first having the prior marriage declared invalid are not able to receive communion.
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7. Does the Church owe me a declaration of invalidity?
A declaration of invalidity is the culmination of a legal process, not a favor granted to those who ask. The Church's view of marriage is such that all marriages are presumed to be valid until they are proven to be null. Even though two people have divorced, it is no guarantee that their marriage was invalid. If the Church took the view that every marriage that ended in divorce was invalid, it would be no different than the secular view of marriage.
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8. What are the steps I must take to receive a declaration of invalidity?
The first step is to obtain a civil divorce. The second step is to contact your pastor or other member of the pastoral staff in your parish in order to prepare and submit a petition to the Tribunal with appropriate documentation and a written response to a questionnaire about the relationship. Your former spouse and witnesses will be contacted and asked to complete a similar questionnaire. When all information is collected, the case is examined by the Defender of the Bond and the Judge assigned to the case. After the sentence is completed, it is reviewed by the second instance court.
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9. How long does it take?
The length of time it takes to process each case depends on how quickly the information is submitted. The Madison Tribunal currently takes about one year to process a case from the time it is submitted by the petitioner.
In fact, it is the responsibility of the one applying for the annulment to ensure that all information needed is provided to the Tribunal. Assistance is available from one's local pastor and from the Tribunal staff.
10. When can I get married again?
Marriage is a vocation through which God calls us to be his holy people. It is a union between two people who give of their entire persons to one another.
According to Church teaching, one cannot remarry in the Church until a declaration of nullity is received. No plans should be made until this process is complete since some cases can take much longer than the usual time period because of a lack of information available to the court.
A person who remarries without first obtaining an annulment is prohibited from receiving the sacraments and from participating in the full life of the Church, until the annulment is received.
The Church is very concerned that those entering another union have the disposition of mind and heart to freely enter into such a union. Depending on the reasons that caused a previous marriage to fail, there is concern about the ability to fulfill the obligations of marriage in another union. The Church wants her people to develop a true community of life and love with God, His Church and one another through marriage.
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11. Where do I go for help?
The best person to begin talking to about an annulment is your local pastor. He, or another member of the parish’s staff, will be able to assist you and support you throughout the process. He will be able to help you understand the steps of the process and be able to assist in gathering the testimony needed by the Tribunal staff. Additionally, the staff of the Tribunal tries to be sensitive to the needs of everyone. The phone lines are always open.
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12. How much does it cost?
One does not pay for an annulment. While a fee is requested to help cover the cost of office procedures, most of the costs are covered by the Diocese. No one is turned away because of an inability to pay.
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13. Who staffs the Tribunal and how do I contact them?
The Tribunal staff consists of the Judicial Vicar, Judges, Defender of the Bond, and support staff.
The Judicial Vicar of the Tribunal oversees all cases and assures that proper procedures are followed according to Canon Law by the Judges and the Defender of the Bond.
Location:
Bishop O'Connor Catholic Pastoral Center
702 South High Point Road
Madison, Wisconsin
Mailing Address:
Diocese of Madison Tribunal
P.O. Box 44983
Madison, WI 53744-4983
Telephone: (608) 821-3060
Fax: (608) 821-3067
E-mail: tribunal@straphael.org
For more detailed Tribunal staff information, see the Diocesan Tribunal main page.
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