Frequently Asked Questions on Annulments

1. What is Marriage Annulment?
 
Annulment, properly called a “declaration of nullity,” is an official statement by the Catholic Church that a marriage, although celebrated in good faith by at least one of the spouses, was invalid from the moment the vows were exchanged. 
This invalidity may arise due to a canonical impediment present at the time of consent on the part of at least one party (for example, a prior bond) or a defect of consent by at least one party (for example, psychological incapacity, simulation, or grave force and fear).
 
2. What are Annulment Writing Workshops?
 
Annulment writing workshops are seminars and workshops organized by a team of procurators in the archdiocese:
 

• To help individuals seeking the annulment of their previous marriage better understand the annulment process.
• To assist the individuals in preparing the necessary documents for submission to the Tribunal.
• To provide the individuals with guidance and pastoral support throughout the process.

 
Contact the Tribunal for more information or with any questions on how to be connected to an annulment writing workshop ministry team member.
 
3. What is a Procurator?
 
A procurator is someone who has been approved by the Tribunal to act on behalf of parties before the Tribunal in marriage annulment cases. All priests and deacons of the archdiocese have the permission of the archbishop to be procurators. 
For a lay person to exercise the function of procurator in the archdiocese, the permission of the Judicial Vicar is required. 
The role of the procurator is to assist the party he or she is representing to gather together the required documents for the annulment process, to guide the party in answering the annulment questionnaire, to explain the process to the party, and to defend the person’s rights and interests before the Tribunal. Just as a petitioner can have a procurator, so also can a respondent have a procurator.
 
4. What are the Common Grounds for Annulment?
 
The common grounds for annulment are:
 
1. Grave Defect of Discretion of Judgment. This occurs when one or both parties lacked sufficient knowledge of oneself, sufficient knowledge of the other party, and sufficient knowledge of the marital rights and duties. Examples include grave psychological immaturity, grave misunderstanding of marriage, or grave psychological anomalies. This is a broad ground covering the inability to make a mature, well-informed, and free choice regarding marriage and the chosen partner.
2. Incapacity to Assume the Essential Obligations of Marriage. This ground indicates that a marriage was invalidly contracted due to grave psychological reasons on the part of one or both parties. It applies when a grave psychological dysfunctionality or grave personality disorder renders a party unable to assume the essential obligations of the marriage.
3. Fraud. Fraud occurs when one party is maliciously deceived by the other party or a third party to contract the marriage. The deceit must concern a quality about one of the parties that, once discovered, gravely disrupts the marriage and causes significantly its break-up.  
4. Total Simulation. Total simulation involves a deliberate intention to marry for reasons extraneous to marriage, such as to obtain a green card, a tax break, or escape an abusive home. It is the willful intention of exchanging vows without actually intending to be committed to the marriage. In essence, the person does not want to enter into the marriage itself, but uses the marriage as a sham or a means to an extrinsic end.
5. Intention Against the Good of Fidelity. This ground applies if, while they were dating or courting, one or both parties was unfaithful to their fiancé and remained unfaithful to their spouse during the marriage. This is also known as the exclusion of the good of fidelity, and the intention is evidenced by the person engaging in acts of infidelity prior to and during the marriage.
6. Intention Against the Good of Children. This occurs when one or both parties contract the marriage with the intention of excluding or preventing the procreation of children. This is also known as the exclusion of the good of children.
7. Intention Against the Good of Indissolubility. This applies when one or both parties contract the marriage with the intention of divorcing one's spouse. This exclusion of the permanence of marriage is often later acted upon by the spouse actually divorcing or causing the other spouse to file for divorce.
8. Future Condition. Future condition, or conditioned consent, is a ground for nullity when the marriage is based on a condition concerning the future. The condition is so important that if it is broken or unfulfilled (e.g., "I will marry you provided you earn a 6-figure salary"), the person who placed the condition terminates the marriage.
9. Force and Fear. This ground applies if the marriage occurred due to force and grave fear, compelling the person to marry against their free will. The coercion can be physical or moral, and the fear must be grave enough that the marriage is chosen as the lesser of two evils to avoid a greater evil. A valid marriage cannot exist without a great degree of internal freedom and will.
 
5. Is annulment guaranteed?
 
No. The alleged nullity of the marriage must be proven by the petitioner. The burden of proof of the alleged nullity of the marriage lies on the petitioner. Divorce is not evidence that a marriage is invalid. All marriages are presumed valid until the contrary is proven by the petitioner before the tribunal court.  
 
6. How long does the marriage annulment process take?
 
The duration of the marriage annulment process is not guaranteed and varies significantly from case to case. A formal case may take up to one year from when  all the documents and information requested by the Tribunal have been received by the tribunal.
Delays primarily stem from lack of cooperation by one or both parties and the potential for judicial appeals. The untimely response of the parties and witnesses and slow document returns can slow the process down. Furthermore, the duration can be substantially prolonged if one party uses delay tactics. Even after the Tribunal renders a decision, the resolution of the case may be extended if either party or the defender of the bond chooses to appeal the ruling to a higher court, such as the Metropolitan Tribunal of the Archdiocese of Philadelphia or the Roman Rota Tribunal in Rome.
In light of all the foregoing, please do not fix a wedding date in advance if you are required to submit an annulment petition or your petition is still pending at the Tribunal. There are no guarantees that a case will be processed and completed within a certain date or that the marriage will be declared null.
 
7. Does annulment render 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. Furthermore, in the United States of America, there are no civil effects to an ecclesiastical annulment of a marriage. Annulment does not affect the legitimacy of children and other civil law arrangements (e.g., child custody, visitation rights, etc.) imposed on the parties by the civil court magistrate pursuant to a divorce a vinculo matrimonii. 
 
8. What are the financial costs for annulments in the Archdiocese of New Orleans?
 
Neither party is charged any fee for 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.
 
9.  Why do I need witnesses?
 
Marriage annulment proceedings in the Catholic Church are not decided on the words of the parties alone. Their statements require corroboration by witnesses and other forms of evidence. Witnesses help to support or rebuff the statements of the parties. 
 
10. What are the steps involved in the annulment process?
 
A summary of the annulment process is as follows:
 

1. The submission of the petition and documents to the Tribunal.
2. The Tribunal's acceptance or rejection of the case for trial.
3. The citation and notification of the parties and defender of the bond.
4. The determination of the grounds and appointment of the tribunal officials who will adjudicate the case.
5. The collection of witness testimony and evidence.
6. The review of witness testimony and evidence.
7. The submission of brief by the defender of the bond.
8. The judge's decision.
9. The parties' right to appeal the decision to the appellate tribunal.
10. The issuance of the decree of nullity and notification to the church of baptism, if the nullity of the marriage is granted.