Process and Fees

1. How do I start the annulment process?

 
The first step of the annulment process, in most cases, is for the person who wishes to petition for annulment to make an appointment with their pastor, another priest, a deacon, or a lay person who serves as a procurator. The priest, deacon, or lay procurator will assist the person by guiding them through the process, gathering the necessary documents, answering the annulment questionnaire, and completing the applicable forms for submission to the Tribunal.
There are also annulment writing workshops held regularly in different parishes across the archdiocese. These workshops help people complete the annulment process effectively.
You can also call the Tribunal, and you will be referred to a procurator to assist you with preparing your annulment petition.
 

2. Is annulment guaranteed?

 
No. The alleged nullity of the marriage must be proven by the petitioner. The burden of proof lies with the petitioner. Divorce alone is not evidence that a marriage is invalid. All marriages are presumed valid until the contrary is proven by the petitioner before the tribunal.
 

3. How long does the marriage annulment process take?

 
The duration of the marriage annulment process is not guaranteed. It also varies significantly from case to case. For example, Lack of Canonical Form cases can take one to two weeks, Prior Bond and Pauline Privilege cases can take one to three months, while Petrine Privilege cases and formal cases can take nine months to one year.

Each time frame is achievable if the party submits all documents and information requested by the Tribunal in a timely manner, witnesses respond promptly to questionnaires, appointments with the Tribunal for parties and witnesses are kept as scheduled, and no party employs delay tactics to prolong the resolution of the case.

Furthermore, although the Tribunal does everything in its power to process formal marriage cases within a year, a case can take longer to be adjudicated if, for example, the respondent employs tactics to delay its resolution, or if the decision rendered by the Tribunal is appealed by the respondent or the defender of the bond to either the Metropolitan Tribunal of the Archdiocese of Philadelphia or the Roman Rota Tribunal in Rome.

In light of this, please do not fix a wedding date in advance if you are required to submit an annulment petition or if your petition is still pending at the Tribunal. There are no guarantees that a case will be processed and completed by a specific date, or that the marriage will be declared null
 

4. Who can petition for annulment in the Archdiocese of New Orleans?

 
Catholics and non-Catholics alike, whether baptized or unbaptized, can petition for the annulment of their marriage to the Metropolitan Tribunal of the Archdiocese of New Orleans if any one of the following conditions is verified:
 

1. The marriage was contracted within the territory of the Archdiocese of New Orleans (c. 1672, 1°). 
2. Either the petitioner or the respondent is domiciled within the territory of the Archdiocese of New Orleans (c. 1672, 2°).
3. The Archdiocese of New Orleans is the jurisdiction in which most of the proofs will be collected. (c. 1672, 3°).

 

5. How many annulment cases does the New Orleans Tribunal process in a year?

 
The Tribunal processes between one hundred and fifty to two hundred marriage annulment cases per year. This number includes cases that originate within the archdiocese, which the Tribunal processes as a first instance court, as well as cases from other dioceses in the State of Louisiana, which the Tribunal processes as a second-instance tribunal.
 

6. If I petition for annulment and it is granted, will it also benefit my former spouse?

 
Yes. Since marriage involves both parties, if one party petitions for an annulment and it is granted, the other party is also free to marry another person in the Church.
 

7. What is the abbreviated process?

 
The abbreviated, or briefer, process is a special marriage nullity procedure for cases in which both parties agree that the marriage should be declared null, the reason given by one or both of them for petitioning for the nullity of the marriage is true, factual, and accurate, the ground for the alleged nullity is other than psychological grounds, and the Archbishop serves as the judge of the case.

For a case to be remitted to the abbreviated process, the Tribunal must determine that all of the following requirements are currently verified in the case:
 

1. The petition is signed by one or both parties, with a written statement from the other party agreeing to the petition. If there is no written statement by the other party prior to the submission of the petition to the Tribunal, the Tribunal will write to the other party upon receiving the petition to ask whether he or she agrees to the petition and the claim alleged by the petitioner in the petition. 

 
If the other party, or respondent, agrees with the petition and the claim asserted by the petitioner, then the case may be remitted to the briefer process.
 
However, if the other party disagrees either with the petition or the claim, or if his or her address is unknown, or if he or she does not respond within the stipulated deadline, the case is not remitted to the abbreviated process.
 

2. The petition is supported by facts, circumstances, evidence, and documents that do not require the case to be sent to a psychologist for an expert report. It is the role of the Tribunal to determine whether or not the case should be referred to a psychologist.
3. The facts and circumstances of the case support the alleged nullity of the marriage.
4. The nullity of the marriage is manifest from the outset of the case.

 
A case remitted to the abbreviated process is typically completed in less than nine months.
 

9. What are the steps involved in the annulment process?

 
A summary of the marriage annulment process is as follows:
 

1. The petitioner meets with his or her procurator and begins gathering documents, completing the annulment questionnaire, and completing the applicable documents.
2. The petition and related documents are submitted to the Tribunal.
3. The Tribunal reviews the petition and documents to ensure that the required documents have been completed and submitted.
4. If the petition and related documents are complete and correct, the case is accepted for trial; otherwise, the Tribunal requests additional information. If the case lacks merit or the Tribunal lacks jurisdiction, the petition is rejected.
5. If the case is accepted for trial, the petitioner is notified by mail, and the respondent is notified of the petition. A copy of the petition is also sent to the respondent.
6. If the respondent responds to the Tribunal’s citation, appears in person at the Tribunal, or fails to respond within the usual four-week deadline, the case is remitted to the ordinary process. The judge and other Tribunal officials are then assigned to the case, and the grounds for the case are established.
7. The parties are notified of the grounds for the case and the names of the Tribunal officials assigned to it.
8. Witnesses are cited.
9. Witness testimony is collected.
10. The parties are notified that witness testimonies have been collected. The parties are also given the opportunity to visit the Tribunal to review the information and testimonies submitted by the other party and by the witnesses. Each party may submit a written response after reviewing the evidence, within a specified timeframe, if they choose to do so.
11. The defender of the bond submits a brief defending the validity of the marriage. If advocates have been appointed to defend any of the parties, they are requested to submit a canonical brief on behalf of their party to the judge.
12. The judge renders a decision in the case, declaring whether the nullity of the marriage has been proven or not.
13. The parties are notified of the judge’s decision and informed of their right to appeal.
14. If no appeal is filed within three weeks of the decision and the marriage has been annulled by the Tribunal, a decree of nullity is issued. The decree is then mailed to the parties, and the party who wishes to marry in the Church is free to do so.
15. Notification of the nullity is sent to the parties’ church of baptism, if one exists.

 

10. Will I be asked to come to the Tribunal for a court hearing? 

 
The decision as to whether a party or a witness will be interviewed at the Tribunal is made on a case-by-case basis. Kindly work with your procurator and provide as much detail as possible in the annulment questionnaire. An oral interview may not be required if the Tribunal has all the information it needs to accept your case for trial. In some cases, there are face-to-face interviews at the Tribunal.

If your case is accepted for trial, the Tribunal may later give you a call to arrange for a face-to-face interview. If any of your witnesses prefer to give testimony orally to the Tribunal, kindly let the Tribunal know beforehand so that arrangements can be made for the interview to take place.
 

11. How do I know whether I have a case?

 
The merit, or lack thereof, of each case is determined by the Tribunal in accordance with the norms of canon law. Some people have been told by others that they have a case, but the Tribunal found no merit in it. Conversely, others have been told they do not have a case, yet the Tribunal saw probable cause for the nullity of their marriage and accepted it.
Ultimately, it is the Tribunal that decides whether a petition has merit. If your petition lacks merit and is rejected, the Tribunal will inform you of the reason for the rejection and, if applicable, suggest possible ways to remedy the situation. If you have been told by someone outside the Tribunal that you do not have a case, please contact the Tribunal office directly for guidance.
Some of the ways you can increase the chances of your case being accepted by the Tribunal are to be honest and forthright with the truth and to do some personal reflection. You should also provide as much information as possible about the family backgrounds of both parties, as well as the attitudes, behaviors, and events that occurred before the marriage. One common mistake people make is to focus mainly on what happened during the marriage or on the reasons for the breakup, rather than on what happened before the marriage.
The Tribunal focuses primarily on any dysfunction, lack of maturity or discretion, psychological issues, intentions, attitudes, red flags, and warning signs that existed prior to the marriage but may have been missed or ignored. The events that occurred during the marriage usually reveal or confirm the problems, insincerity, or warning signs that were already present beforehand.
Divorce, by itself, is not a ground for annulment. What matters is whether there were serious reasons before the wedding that show the marriage should not have taken place at all.
 

12. Will I meet face-to-face with my former spouse during the annulment process?

 
No. The parties—that is, the petitioner and the respondent—do not meet face-to-face at the Tribunal. Court hearings, the review of evidence, and the reading of the decision are all scheduled so that each party comes to the Tribunal on different days and at different times.
 

13. What if my former spouse refuses to participate in the annulment process?

 
The non-participation of the respondent may delay the process, but it will not stop it. The annulment process will continue if the respondent has been properly cited and given sufficient time to respond but chooses not to do so. Respondents are usually given up to four weeks to reply.

If the respondent neither responds nor appears at the Tribunal after the four-week deadline, the Tribunal will verify that the citation was received. Once verified, and if there is still no response, the case will move forward to the next step in the process, which is usually the establishment of the canonical grounds for the annulment and the citation of witnesses.
 

14. What if my former spouse objects to my petition for annulment?

 
Canon law presumes that every marriage is valid until the contrary is proven in an ecclesiastical tribunal. It is the petitioner’s responsibility to demonstrate that the marriage is invalid. As required by canon law, the Tribunal must notify the respondent of the petition for a declaration of nullity submitted by the petitioner. If the respondent is cited and objects to the petition or to the reasons for it, the case cannot proceed through the abbreviated or short process. Instead, it must go through the ordinary process.
The reasons offered by the respondent for objecting to the petition may or may not have merit. Therefore, the mere fact that the respondent objects to the petition does not mean the annulment will be denied. Each case is decided on its own merits. Likewise, the reasons given by the petitioner may or may not be supported by the facts, witness testimony, or other evidence in the case. For this reason, there is no guarantee that a petition for annulment will be granted.
 

15. What if I do not know the address of my former spouse?

 
Your former spouse, the respondent, has a right to be contacted by the Tribunal and informed that you have presented a petition for the declaration of the nullity of your marriage. The petitioner is required to make diligent efforts to ascertain the respondent’s address.
For example, you may seek information through any children born of the marriage, parents, siblings, relatives, friends, online searches, or the respondent’s place of employment. All efforts made must be documented and submitted to the Tribunal as proof of your diligent attempts to locate the respondent. The Tribunal may also conduct its own investigation to ascertain the respondent’s address. If the Tribunal determines that the respondent’s whereabouts are truly unknown, the case will proceed.
 

16. I don’t want my former spouse to know my address. Will my address be shared with my former spouse?

 
No. Your address will not be shared with your former spouse. In certain cases, there may be serious concerns, such as fear of violence, a court-issued restraining order, the possibility of retaliation, or other grave reasons. Even if your former spouse already knows your address, the Tribunal ordinarily does not disclose contact information. Your address is used solely for official Tribunal communication and is kept confidential to ensure your privacy and safety.
 

17. Is my current marriage invalid?

 
No. All marriages are presumed valid until proven otherwise by an ecclesiastical tribunal. (c. 1060). Experiencing difficulties or challenges in married life does not mean a marriage is invalid.

Canon law teaches that difficulties in realizing a true partnership of life and love do not invalidate marriage. It is psychological incapacity, along with other canonical grounds, that may render a marriage invalid.
 

18. Does annulment make children illegitimate?

 
No. Annulment does not render children illegitimate.  The legitimacy of children is determined by the civil government, and not by the Catholic Church. In fact, the Catholic Church teaches that children born of a valid or an invalid marriage are legitimate. (c. 1137).
 

19. My former spouse owes spousal or child support. Can the Church tell him or her to pay the money? 

 
Divorce matters, such as alimony or spousal support and child support, are matters that are within the jurisdiction of the civil courts; the Church does not usually interfere in such matters. However, if a marriage is declared invalid, the parties are always reminded that the decision of the Tribunal does not release either party from any natural, moral, or civil obligations toward the other spouse and any children born of the union.

Thus, the annulment of a marriage neither renders children illegitimate nor frees parents from their responsibilities toward their children. The annulment of a marriage does not also free one from any spousal support imposed by the civil court on one party toward the other.
 

20. Why do I need witnesses?

 
Marriage annulment proceedings in the Catholic Church are not decided on the words of the parties alone. The statements of the parties require corroboration by witnesses and other forms of evidence. Witnesses help to support or refute the statements of the parties. Thus, the nullity of a marriage is not proven on the words of the parties alone; it must be supported by proofs which thoroughly corroborate the claim of the parties for or against the validity of the marriage.
 

21. Who has access to my annulment file?

 
Documents submitted to the Tribunal are treated with confidentiality. Each party has the right to review the statements of the other party and the witnesses. The procurators or advocates of the parties also have the right to review the statements to submit a defense brief on behalf of the party they represent before the Tribunal. The statements of the parties and witnesses are also reviewed by the court-appointed psychological expert for and on behalf of the Tribunal. Lastly, the members of the Tribunal staff assigned to the case also have a right to review the materials gathered in the case. In all cases, everyone who has a right to review the case and the psychological expert are sworn to confidentiality

If one of the parties lives outside the territorial jurisdiction of the archdiocese, the documents of the case are sent to the Tribunal of the Diocese in which the party lives so that the party can review the documents in that Tribunal.
 

22. Is annulment another term for Catholic divorce?

 
Annulment is not Catholic divorce. The Church has a duty to protect, defend, and teach the sacred dignity of marriage, which is a source of divine grace and a means of sanctification for the spouses and for the Church. The Church has enacted a series of substantive and procedural laws to protect the sanctity and dignity of holy matrimony.  
Moreover, in marriage annulment, the Church focuses primarily on the intentions, behaviors, expectations, warning signs, and familial, religious, and environmental background of the parties prior to the marriage. The events that occurred during the marriage are of secondary concern to the Tribunal. The Tribunal views the post-nuptial difficulties, problems, and challenges of the marriage as indications and manifestations of the problems, issues, warning signs, or red flags that were already present in either or both parties prior to the marriage. The events that occurred during the marriage are seen as pointers to what was already present before the marriage but which one or both parties ignored, overlooked, or dismissed.
In addition, while divorce ends a valid marriage and ends it on the date of the divorce, annulment, on the other hand, ends an invalid marriage and ends it retroactively ab initio, that is, from the beginning of the marriage.
 

23. What are the financial costs for annulments in the Archdiocese of New Orleans?

 
Neither party is charged any fee for an annulment. The financial costs associated with processing marriage annulments are borne by the archdiocese. Nonetheless, if people wish, they can make free-will donations to the archdiocese. If a donation is to be made by check, it should be made payable to the Archdiocese of New Orleans and sent to the Tribunal Office. The Tribunal will acknowledge any donations received.

In addition, no procurator is permitted to request, solicit, or demand financial compensation. The ministry of the procurator is considered a form of service and contribution to the Church.
 

24. Can I fix a wedding date with the Church while I have an annulment case?

 
No plans for a future Church marriage should be made if a party has been in a previous marriage that has not been annulled or dissolved by the Tribunal. In addition, no plans for a future marriage should be made while a party has a case that is pending before the Tribunal. A wedding date should only be fixed after the parties have received notification that their previous marriage has been annulled or dissolved in accordance with the norms of the Catholic Church.

There are no guarantees regarding when an annulment petition will be completed and whether the annulment will even be granted. Even if the annulment is granted, there are no guarantees that the respondent or the defender of the bond will not appeal the decision to the appeal tribunal, which will further prolong the process.

The Tribunal cannot be responsible for any promises or guarantees made by any priest, deacon, religious, or lay person regarding when the annulment will be completed. The Tribunal cannot guarantee that an annulment will be granted.

Furthermore, the Tribunal is also not responsible for any wedding reservations made while one of the spouses-to-be has an annulment case pending in the Tribunal.
 

25. When am I free to marry if the annulment is granted?

 
If the annulment is granted, the Tribunal informs both parties of the decision by letter. Each party is given up to three weeks from the date of the notification of the decision to appeal the decision either to the Appellate Tribunal of the Archdiocese of Philadelphia or to the Tribunal of the Roman Rota, in Rome. The defender of the bond also has the right to appeal the decision. If there is no appeal against the decision within the three-week deadline, the Tribunal will then send a decree of nullity of the marriage to the parties. It is when you have received the decree of nullity from the Tribunal that you can begin to prepare for a church wedding.

If the annulment decision is appealed, the party who wishes to have a church wedding cannot proceed with the wedding while the appeal is pending. The appeal must be resolved first by the appeal tribunal before the party can contract marriage in the Church.

26. What is the Appeal Tribunal of the Metropolitan Tribunal of New Orleans?

 
The appeal tribunals of the Metropolitan Tribunal of the Archdiocese of New Orleans are the Metropolitan Tribunal of the Archdiocese of Philadelphia, Pennsylvania, and the Apostolic Tribunal of the Roman Rota, Rome.

It is up to the appellant to decide which one of these two tribunals should adjudicate the appeal. The appellant is required to pay any fees associated with the appeal. Please call the Tribunal for more information on the appeal process and any attendant fees charged by each of these two appeal tribunals.
 

27. How long does an appeal take?

 
A case appealed to the Metropolitan Tribunal of the Archdiocese of Philadelphia is usually decided within six months. On the other hand, an appeal made to the Apostolic Tribunal of the Roman Rota can take a