Seeking an Annulment

To get started and to contact a lay advocate, click https://diolaf.org/general-information

WHAT IS AN ANNULMENT?
An annulment, or Declaration of Nullity, is a judgement by the Catholic Church that the marriage in question was invalid or not legally binding. Even though there was a wedding ceremony, some obstacle stood in the way at the time consent was exchanged, which according to the divine law or Church law, prevented a valid union from coming into being.

THE EFFECT ON CHILDREN
The annulment process has no legal effect on the status your children. Children born in a valid civil marriage are always considered legitimate. Their status is not affected in any way by this process (Canon 1137). Furthermore, the Catholic Church recognizes the inherent dignity of all human life regardless of the circumstances of one’s birth.

CIVIL OR COURT EFFECTS
Stated again, the Declaration of Nullity process is strictly limited to one’s participation within the spiritual life of the Catholic Church. The process has no implications on divorce or custody issues, child support or any other concern you faced in the process of obtaining your divorce.

CONFIDENTALITY
All matters in the Tribunal process are strictly confidential and never shared with third parties outside of the process.

HOW DOES THE ANNULMENT PROCESS WORK?
The process is divided into stages. The Introduction Stage begins when a petitioner approaches the Tribunal in order to initiate an investigation into the validity of their marriage. The former spouse (respondent) must be informed of the process and invited to participate. The Instruction Stage focuses on the collecting and presentation of evidence about the alleged ground or grounds of nullity. After all the evidence is gathered, the parties have the opportunity to review and to respond to it. The Judgment Stage results in the decision of the judge(s) about the invalidity of the marriage; the judgment is expressed in the definitive sentence. The Appeal Stage offers the opportunity to appeal the decision of the judge(s).  (See the document on the stages of the marriage nullity process for a fuller explanation.

HOW LONG DOES THE PROCESS TAKE?
Each case is unique and the length of the process depends on a number of factors such as how long it takes to get witnesses, documents and other information that may be required for the case. Please remember, do not set a wedding date until the process is fully complete.

WHAT IS MY ROLE?
Your primary role will be to complete the formal petition and to identify witnesses who can answer questions regarding yourself and your former spouse before the wedding and during the marriage. You should also make every attempt to obtain contact information for your former spouse. Your case sponsor or procurator will give you additional instructions. You will be contacted by the Tribunal when your participation is required in the case.

WHAT ARE MY RIGHTS?
You have a number of rights in the process that are always respected. Your former spouse has rights that must be regarded as well. Below are listed just a few.

Confidentiality
You have the right of confidentiality in the process. No one outside the Tribunal process will see this case.

Right to Be Informed
You have the right to be informed of the status of your case at any time. You will be assigned a to a notary in the Tribunal when your case is filed and this person can advise the status of your case.

Right to Be Heard
     You have the right to present your viewpoint and have it heard by the Tribunal.

Right to Appeal
You have the right to appeal any decision that is rendered by the Tribunal. Your case sponsor or procurator can provide more information on this should it be desired.

WHAT EXPENSES ARE INVOLVED?
There are no fees charged for processing a Declaration of Nullity (annulment) case. The Tribunal costs are now fully covered by the generosity of the annual Bishop’s Services Appeal.