Frequently Asked Questions on Annulments

1. What are the financial costs for annulment?

The financial costs associated with petitioning for a declaration of nullity of marriage (annulment) in the Archdiocese of New Orleans are borne by the Archdiocese of New Orleans. Therefore, on the part of the petitioner it is free. Nonetheless, people can make freewill donations. Such a donation should be made to the Archdiocese of New Orleans, and the check mailed to the Tribunal. Donations received will be acknowledged by the Tribunal. 
 

2.Is an annulment guaranteed?

No. We begin with the presumption that the marriage is valid. The nullity of the marriage must be proven. Divorce is not a proof of invalidity. All marriages are presumed valid until proven otherwise (canon 1060).
 

3. Does annulment render children illegitimate?

No. Children of a marriage declared null by an ecclesiastical tribunal are still legitimate. (canon 1137).

4. May Future Marriage Plans Be Made?

No plans for a future marriage, not even a tentative date, may be made with the pastor or deacon or anywhere else until the decree of the nullity of the marriage has been received and any conditions imposed on the marrying party are satisfied. The Tribunal bears no responsibility for any promises or guarantees made by anyone if a wedding date is scheduled before the decree of nullity is received.

5. Why Are Witnesses Important?

Church law requires that a case be proven by documents and by witnesses. Witnesses are necessary for the Tribunal to have a deeper understanding of the family background and dating experience of both parties, the wedding and marriage itself, and the reasons for its breakdown. Anyone who knows the parties well or who has known them for a long time may be a witness. The best witnesses are those who have known the parties from the time before the marriage. Typically, parents, brothers, sisters, childhood neighbors, or other relatives and friends make good witnesses. The witnesses will be contacted by mail or be invited to the Tribunal to give oral depositions. Witnesses may also be interviewed by phone. Parties should inform potential witnesses that their names have been submitted to the Tribunal as a witness.

6. What Role Does The Former Spouse Have?

A former spouse will be contacted by the Tribunal and given the opportunity to present his or her views of the marriage as well as to introduce witnesses. This is required by the law of the Church. It is therefore necessary to have a current address of the former spouse. If a current address is unavailable, then the last known address and/or the address of a family member should be provided. The internet is another good place to find the current address of a former spouse. If the address of a former spouse is still unknown after diligent efforts have been made to locate him or her, the Tribunal will ask for the evidence of the good faith effort made to locate him or her.

In any case, the respondent has the right to know the grounds of nullity for the case, the right to an advocate, the right to name witnesses and to know the names of the petitioner’s witnesses, the right to reply to the claims and statements of the petitioner, the right to review the evidence gathered in the case, the right to review the judgment and know reasons for the judgment, and the right to appeal the decision to the ecclesiastical appeal tribunal.

7. What if my former spouses will not cooperate?

Church law recognizes the right of the respondent to participate fully in the process if he or she so chooses. The former spouse does not have the option of preventing or stopping the process. If the former spouse ignores the citation or summons, the process continues without his or her cooperation and participation. However, the respondent’s participation in the process is always of assistance to the Tribunal regarding the case.

8. Who are Procurators?

A procurator is a person who represents a party in a case. The priests and deacons in the Archdiocese of New Orleans are approved procurators. Some lay persons have also been approved to be procurators. A procurator is usually chosen and appointed by the party from among approved procurators to represent the party. 

The functions of the procurator are 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 annulment 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.

9. Who Are Advocates?

Advocates are Catholic priests, deacons, religious sisters, or lay persons who have at least a licentiate in canon law and who represent the parties before the Tribunal. They assist in the timely and orderly preparation of the case, they see to it that the rights of the parties are protected, and they provide canonical guidance and pastoral care to the party as the party goes through the process. Additionally, they may write briefs and accompany the petitioner or the respondent to the court session in the Tribunal. The priest who witnessed the wedding may not serve as the advocate; his assistance may be more valuable in the capacity of a witness. Only those who are canonists or canon law lawyers are permitted to the advocates.  

10. Who Will Read What Is Submitted?

The documents submitted to the Tribunal as part of annulment process are treated with confidentiality as required by Church law. Only those who have a right to the information, that is, the parties, their advocates, court-appointed psychological experts, and the Tribunal officials are permitted to review the documents for the purposes expressed in canon law. All are bound by oath to keep all information confidential and to use it only for the purpose of the case.

11. How Does The Process Begin?

        1. First of all, a canonical investigation into the validity of marriage can occur only when there is no hope of reconciliation and after a final decree of divorce has been issued by a civil court.
     If you have reasons to believe that your previous marriage may be invalid, you are encouraged to make an appointment with your pastor, or another priest, or a deacon, or a delegate of the pastor to assist you with the preparation of the annulment process. Tell your story to the priest, deacon, or lay parish assistant, focusing on your religious and family background and the events and circumstances that led to your decision to marry, the wedding ceremony, the marriage, and the reasons for the breakup of the marriage. The priest, deacon, or assistant will listen and try to help clarify the key issues.  He or she may also offer pastoral guidance and assistance in dealing with the aftermath of the marriage relationship.
     If it appears that there is a basis for your case, you will be given an annulment questionnaire to complete and a list of required documents to complete and submit. E.g. baptismal certificates, marriage certificates, divorce decrees, witness information form, etc. You should prepare a draft of your answers to the questionnaire and review it with your procurator in a subsequent meeting. This is an important step in the preparation of your case.  A well-prepared preliminary deposition can facilitate the processing of the case and save much time in the later stages.  Take time and reflect, endeavoring to answer the questions as objectively and completely as possible, avoiding simple “yes” or “no” answers. Your answers should be typed.
     While you are working on your annulment questionnaire, you should also be gathering the necessary religious and civil documents, such as baptismal certificate, marriage certificate, divorce decree, etc. Upon completion of your questionnaire, your procurator will assist you in completing the petition form and the other documents. When your procurator has cross-checked his or her checklist that you have tendered all the required documents, he or she will mail your case, together with any recommendations or comments, to the Tribunal.
     2. When the Tribunal has received your petition, we will examine it to ensure that all the documents are complete. If all the documents are complete and after we have reviewed all the documents, you will then receive an acknowledgment of the receipt of your petition from the Tribunal. Your case will be assigned its name and protocol number, which you should always have with you whenever you wish to speak with your procurator or with the Tribunal. You should also reference your case name and number when you communicate with the Tribunal.
     3. When the Tribunal has received your petition, the Judicial Vicar will also assess whether the Tribunal has jurisdiction over the case and whether the case has merits to warrant a trial. If it has been determined the case can proceed to a trial, your former spouse will be notified by the Tribunal that you have requested to have your marriage with him or her annulled by the Catholic Church. The respondent will be sent a copy of the petition, a series of questions to answer, and a form that asks whether or not he or she agree with the petition, and the reasons for his or her agreement with, or objection to, the petition.
     He or she will be invited to participate in the search for the facts and the truth of the relationship. Inform the respondent, out of courtesy, to expect a mail from the Tribunal so that he or she is not taken unawares.
     4. The respondent is usually given a month to respond in writing to the citation. At the end of the month, the case is assigned to a sole judge or a panel of three judges. A defender of the bond, who is bound by office to propose and explain everything which reasonably can be brought forth against the nullity of the marriage (canon 1432), is also appointed to the case. The names of the judge or judges and the defender of bond are communicated in writing to both parties. The canonical grounds for the alleged invalidity of the marriage are also determined and communicated to both parties.
     5. Proofs are gathered from witnesses. Nullity is not proven on the words of the parties alone. (canon 1678 §1). In some cases, experts in psychology or other mental health sciences are consulted. The parties are then allowed to come over to the Tribunal to review the evidence gathered in the case after witness testimonies have been received and after the psychological report regarding the case has been received by the Tribunal. Advocates may submit briefs as requested by the judge, and the case is then reviewed by the defender of the bond and by the judge or judges assigned to the case. 
     6. After weighing the evidence and considering the observations of all concerned, a judgment is then rendered in the case by the judge or judges appointed to the case. The judgment, which is rendered in writing, sets forth the facts of the case, the law, and the reasons for the decision. The parties are then informed in writing of the decision. The decision of the judge or judges can be reviewed by the parties, if they so desire. The review of the decision takes place in the Tribunal. 
    7. A party, who wishes, may file an appeal through the Tribunal to the Tribunal Court of Appeal or to the Apostolic Tribunal of the Roman Rota, which is the Church’s appeal court for marriage cases based in Rome. If no appeal is lodged within three weeks of receiving an affirmative decision in the case, the decision of the Tribunal stands and the Tribunal then issues the decree of the nullity of the marriage. After the said decree has been received, the parties are free to enter into new marriages in the Catholic Church.

12. How long does the process take?

Each case is unique. It is impossible to determine the exact time it will take to process a case because of a number of variable factors. A case moves along rapidly if all documents are submitted as requested and if the information requested from the parties and witnesses are received back in a timely fashion. On the average, it takes one year to process a formal case from the time that the Tribunal receives the petition and the supporting materials to the end of the process. Other kinds of marriage case such as lack of form, prior bond, Pauline privilege, and Petrine privilege take less time than a year to process. Your procurator can assist you in determining the kind of marriage case you may have. However, the final decision as to the kind of marriage case you have lies with the Tribunal.

13. What is the Abbreviated or Fast-Track Process?

An abbreviated or briefer process is a case in which the Archbishop is the judge. A case is remitted to the abbreviated process if all the following conditions are fulfilled in the case:

1. The marriage lasted ten years or less.
2. The alleged nullity of the marriage is supported by particularly strong facts and circumstances, which were present prior to the marriage.
3. The respondent, after he or she has been cited by the Tribunal, replies and agrees in writing to the annulment.
4. The respondent answers in detail the annulment questionnaire.
5. There are oral depositions of the petitioner and of the respondent.
6. The Tribunal has determined that the canonical ground for the case is any one of the following grounds: total simulation (marrying for reasons extraneous to marriage), intention to exclude the indissolubility of marriage (belief in divorce prior to and subsequent to the marriage and actually ending the marriage or causing the breakup of the marriage), intention to exclude marital fidelity (belief in infidelity prior to and subsequent to the marriage and actually committing adultery during the marriage), intention to exclude children prior to the marriage and the obstinate refusal to have children during the marriage, deceiving the other party in a serious matter in order to marry him or her, or marriage due to force and fear.
7. The Archbishop, after reading all the arguments and evidence gathered in the case and after consulting with the Tribunal people, is convinced that the marriage should be annulled.

If all the documents, responses, and testimonies requested by the Tribunal are received within stipulated deadlines and if the oral depositions are done in a timely manner, a case which has been remitted to the abbreviated may take about 9 months to complete.