Annulment Forms:
Click here for this information
in brochure format.
Petition for a Church Declaration of Invalidity
(Prior Bond Case)
Petition for a Church Declaration of Invalidity (Formal
Case)
Petition for a Lack of
Canonical Form Case
Attempts by Petitioner to Locate Respondent Form
Questionnaire for declaring a potentially dangerous respondent
absent
Common Questions about Annulments:
What is an annulment?
What elements are essential for a binding, lifelong
union?
Are there any civil effects to a Church
Declaration of Invalidity?
What is the
purpose of the Tribunal?
How is the
Tribunal a Ministry of Reconciliation?
How does one
request a Declaration of Invalidity?
What documents are
needed?
What about
the former spouse?
What about confidentiality?
How is the case decided?
Is the
Tribunal's decision final?
Is remarriage in the Catholic Church allowed?
Is there a fee for Tribunal services?
What is an annulment?
We better describe an annulment as a Declaration of Invalidity. It does
not deny that a real relationship existed, nor does it imply that the parties
entered the relationship with ill will or moral fault. The Church is saying that
the relationship fell short of at least one element essential for a binding,
lifelong union.
If the evidence
shows that a particular marriage is invalid (i.e., from the beginning it
suffered from a radical defect), the original presumption no longer holds. To
render a marriage invalid, the radical defect must be present from the
beginning, i.e., at the time of the wedding ceremony. No defect that might
arise during the marriage would have the power of turning a valid
marriage into an invalid one. When we can prove that a particular marriage was
never valid in the first place, then the Church may declare it invalid.
What elements are essential for a binding, lifelong
union?
For a marriage to be a sacrament it is necessary that the parties intend to have
permanent, faithful and exclusive union. Both parties need to have a certain
degree of discretion of judgment concerning the essential matrimonial rights and
duties being exchanged. Both parties must have the psychic capacity of assuming
the essential obligations of matrimony. The essential rights and duties or
obligations include the partnership of the whole of life and the good of the
spouses. They also include the procreation and education of the children and the
good of the sacrament. They specifically include self revelation,
understanding and caring.
Are there any civil effects to a Church
Declaration of Invalidity?
A Declaration of Invalidity has no civil effect in the United States. It does
not affect in any manner the legitimacy of children, property rights,
inheritance rights, names, etc. The Catholic Church simply declares that a
particular union, perhaps begun in good faith and thought to be a marriage,
lacked some essential element necessary for an indissoluble covenant.
What is the purpose of the Tribunal?
Church law calls for the existence of a tribunal in every diocese of the
world. The Fargo Tribunal has a staff of specially trained and experienced
priests, deacons, religious and lay persons. It offers assistance to persons
requesting that the Church investigate a marriage to find whether there is any
possibility of a Declaration of Invalidity. The Tribunal then investigates the
marriage and on completion of the investigation, declares whether invalidity has
been proved. The purpose of the procedure is reconciliation and peace of
conscience and spirit as well as to determine the freedom of the parties to
marry within the Catholic Church.
How is the Tribunal a Ministry of
Reconciliation?
Divorce is an emotionally painful experience. Dreams are ended. Persons feel
hurt and alienated from one another, their community, the Church and God. Often
a person holds the pain of rejection inside.
This process is
an opportunity for reflection. One recalls and tells the story of the marriage
as a whole. In recalling and telling one's story the person looks at the
cumulative effects of their experiences on this relationship. As one writes or
speaks about the marriage relationship, a person learns more about the former
spouse and the self. As the parties come to recognize the root of the failure of
their marriage, they can more easily forgive and move on.
The Declaration
of Invalidity provides an official statement that the former marriage is not an
obstacle to a future marriage within the Church.
How does one request a Declaration of
Invalidity?
A person, known as the Petitioner, begins by completing
an application form and sending
it to the Tribunal. This form is available from a parish priest or from the
Tribunal. The application includes an outline for the Petitioner to provide the
history of the marriage. It asks for information concerning the background of
the Petitioner and the former spouse, known as the Respondent, and for
significant information about the courtship and married life. The application
and history serves as the libellus, the first step in seeking a
Declaration of Invalidity. It will have to be signed by the parish priest or a
pastoral minister delegated to work with annulments. As part of this libellus
the Petitioner must provide the Tribunal with the names and addresses of
witnesses and also the address of the Respondent.
The witnesses
should be people knowledgeable about the parties and the history of the
marriage. Key witnesses are those who knew both parties before and during the
marriage. These are often parents, brothers or sisters. Ideally the Petitioner
will provide the names of a witness who would be from the side of the
Respondent. The Tribunal will contact the Respondent and the witnesses. They may
come into the office for an interview, write their testimony or call and tell us
what they know about the marriage especially its beginnings.
The Petitioner
then makes an appointment with a staff member of the Tribunal for a personal
interview to clarify the description of the marital history. We will explain the
process in more detail and answer any questions.
What
documents are needed?
The Petitioner will supply the Tribunal with records of the baptisms of both
spouses and of the marriage and divorce. Without the final decree of civil
divorce, the Tribunal cannot consider any petitions for an annulment. The
divorce decree serves as juridical proof that a reconciliation between the
parties is unlikely.
What about the former spouse?
The Tribunal must contact the Respondent. The Respondent can complete a marital
history and offer names of witnesses. The universal law of the Catholic Church
requires this contact. Hearing from the Respondent is very helpful to the study.
If there is sufficient evidence, we may give a decision even when the Respondent
chooses not to participate in the process.
The Tribunal
needs an accurate, current address of the Respondent. If this is not available,
evidence must be provided that every reasonable attempt to obtain the address
has been exhausted. Reasonable attempts include obtaining address of a family
member, the last known address of the Respondent, internet searches, or VA
records. If the Social Security number of the Respondent is known, there are
services that will do a search. The Petitioner does not have to contact the
Respondent directly. The Tribunal will try to contact the Respondent.
Frequently the Respondent is willing to offer testimony.
What about confidentiality?
In view of the nature of the information, we promise a limited degree of
confidentiality. Only the officers of the Tribunal and the Petitioner and the
Respondent have the right to view all of the information provided. The
Petitioner and the Respondent do have a right to know what was said about them
so that they can defend themselves. For a grave reason the judge can reserve
specific pieces of information to the Tribunal. The parties also have the right
to the final decision with its explanation of the reasoning. Our policy is that
the decision must be received either through our office or through the local
pastor. A signed release form must accompany any requests for release of a
person’s own testimony to a third party (such as a counselor).
How
is the case decided?
When the libellus is presented to the Tribunal, the auditor will assist the
Petitioner in determining appropriate grounds. The Respondent will be notified
of the grounds. After compiling all the testimony an Advocate will write a
brief applying the entire history of the marriage as seen by the parties and
witnesses (sometimes they include the reflections of a psychological expert) to
the jurisprudence of the Church regarding the set grounds. Then the Defender of
the Bond reviews and points out the elements of the case that favor the validity
of the marriage. After reviewing the arguments of the Advocate and the Defender
of the Bond, the Judge will come to a decision.
Is
the Tribunal's decision final?
No. Church law requires an automatic appeal process. If the decision is
affirmative, i.e., we proved that the marriage was invalid, we must appeal it to
the Court of Appeals of the Province for a second decision. It cannot be
considered final until they issue a second affirmative decision. If there is
some objection to the first affirmative decision, the Defender of the Bond or
the Respondent may file a personal appeal. This must be done in writing within
three weeks of notification of the first decision. When its work is completed,
the Tribunal will notify the parties of the final decision.
If the first
decision is negative, that is, declaring that we did not prove the marriage
invalid, either the Petitioner or Respondent may appeal the decision.
Should the Court
of Appeals reverse a decision in a given case, the Court of Third Instance would
be the Roman Rota. The Respondent has the right to appeal an affirmative
decision from the Appeals Court to the Roman Rota. The Respondent also has the
right to appeal directly to the Rota for second instance. The Respondent becomes responsible
for the fees that result from their appeals to the Rota.
Is remarriage
in the Catholic Church allowed?
If we prove the marriage invalid and there are no restrictions concerning
remarriage, they may start the usual procedure of preparing for marriage in the
Catholic Church with the local parish priest.
If we prove a
marriage invalid due to a possibly ongoing cause, we cannot permit a second
marriage obviously until they have shown that they have removed the cause which
invalidated the first marriage.
No new marriage
may be scheduled in any Catholic parish until the procedure has been completed
and requirements for remarriage have been fulfilled.
Is there a
fee for Tribunal services?
The civil divorce process can be lengthy, litigious and
costly. The annulment process can be a painful experience involving difficult
memories, but can also bring about deep personal healing. The Catholic Church
is committed to helping people find healing and reconciliation following a
divorce; hence, the Diocese of Fargo charges no fees for the annulment
process beyond the $25 filing fee. Instead, we appeal to the generosity of
people like yourself who have participated in the annulment process to do what
you can to offset the costs to the Diocese of Fargo, so that we can be as
helpful and efficient as possible.
After your case has been completed, the Tribunal will send you
a contribution request letter. The annulment process costs on average $1,500
per case, and we ask that you prayerfully consider making a minimum
contribution of $750, if that is at all possible for you and your
circumstances. If you have the means and would like to make a larger
contribution to help someone less fortunate, we welcome that generosity. We
request contributions be made to the Catholic Development Foundation to
fund an endowment for the Tribunal ministry. In this way, all contributions go
toward helping others in the same way you are being helped. If you would like
to make a contribution, please send it to the following address. (Please
include a note indicating that it is for the “Tribunal Endowment”).
Catholic Development Foundation
5201 Bishops Blvd. South, Suite A
Fargo, ND 58104-7605
Click Here to Donate Now
Thank you for your prayerful consideration of how
you may help others through the Tribunal ministry with a generous contribution
now or later.
For more information:
Call the Tribunal Offices at 701-356-7940.
Very Reverend K. S. Kopacz, JCL
Judicial Vicar
5201 Bishops Blvd., Suite A
Fargo, ND 58104
701-356-7940
Marriage
is, by God's plan, an enduring and exclusive partnership between a man and a woman. The purpose for this partnership is the giving and receiving of love and
for the procreation and education of children. For all baptized persons, a valid
marriage is also a sacrament.