The Tribunal of the Diocese of Scranton is the forum in which the judicial authority of the Bishop is exercised. The Judicial Vicar, Judges and other canonical ministers and professional staff cooperate in the Bishop’s ministry of furthering the supreme law of the Church, “the salvation of souls” (canon 1752 of the 1983 Code of Canon Law).
The Tribunal of Scranton, as the ecclesiastical court of the diocese, serves the People of God in charity, justice and truth whenever there is cause to pursue or vindicate the rights of persons accorded by law. In some cases, this pertains to the recognition of his or her state in life (e.g. the validity of Holy Order, Marriage, or Religious Profession).
The Tribunal of the Diocese of Scranton carries out most of its ministerial duty by resolving questions regarding the validity or invalidity of marriage through the judicial process of marriage nullity which some refer to as an “annulment.”
In union with the whole Church, the Tribunal of Scranton believes in the sacramental dignity which Tobiah and Sarah called “true marriage”:
You made Adam, and Eve his partner and support; and those two were parents of the human race. This was your word: It is not good for the man to be alone; let us make him a helpmate like him. I now take this my beloved to be my partner, not out of self-interest but in true marriage. Grant that we may find mercy and grow old together. Tobit 8: 5b-7
God, therefore, established Marriage as the covenant binding a man and a woman together for life in the good times and the bad, in sickness and in health; a consortium of life in which a man and woman become one, equal in dignity, responsible and self-sacrificing in love; a “sign of Christ’s love for the Church.”
Yet, the Tribunal of Scranton recognizes, along with the Church, that invalid marriages do exist by reasons determined in law. As a result, part of the ministry of the Tribunal of Scranton is to address a challenge of the validity of a given marriage. The party petitioning the Tribunal is called the “Petitioner” and the other party is called the “Respondent.”
Be assured that the Tribunal of Scranton will do its best within the limits set by canon law to assist both the Petitioner and the Respondent in exercising their rights in the process. Please feel free to call the Tribunal of Scranton at 570-207-2246 at any time.
On this website you will find information pertaining to the “formal process” referred to by others as an “annulment.” This is only one process for addressing the question of the validity of a marriage. For example, some of the other processes include “lack of canonical form” and “prior bond (ligamen).”
After the Tribunal of Scranton has determined its competence to try your case and that the “formal process” is required for your case, you may ask your pastor or the Tribunal for the necessary paperwork to initiate the process and mail them back to the Tribunal of Scranton upon completion.
Reverend Anthony J. Generose, J.C.L.
Judicial Vicar
Diocese of Scranton
What is a Formal Declaration of Marriage Nullity?
According to canon 1060 of the 1983 Code of Canon Law, every marriage is presumed to be valid and, therefore, indissoluble until a doubt to the contrary is proven. As a result, a merely divorced person is not free to contract marriage again in the Catholic Church until such time as a declaration of marriage nullity has been issued. A declaration of marriage nullity is one conclusion to the judicial process which investigates factual evidence concerning the doubt of validity of the marriage according to the teachings and laws of the Catholic Church.
The judicial process that may result in a declaration of marriage nullity is a “formal process” or what some refer to as an “annulment.” Before you complete any paperwork for the Tribunal of Scranton, please know that norms exist which determine the jurisdictional competence of the Tribunal to try the case. Therefore, you must first contact the Tribunal of Scranton to verify that the Tribunal of Scranton is competent to adjudicate a petition for marriage nullity before the formal process may begin.
Please know that any person, regardless of religious affiliation or baptismal status may petition a competent tribunal for clarification of his or her marital status.
Petitioner Brochure for Formal Cases
CHURCH DECLARATIONS OF MARRIAGE NULLITY
A STATEMENT OF POLICY AND PROCEDURE FOR THE PETITIONER
The following information is for individuals who wish to challenge the validity of his or her marriage before the Tribunal of the Diocese of Scranton. We urge you to consider the following information carefully. In initiating this process you are formally petitioning the Catholic Church to declare the marriage in question null according to its teachings and its laws. This introductory information is designed to help you understand the judicial process of determining the validity, or invalidity, of the marriage in question and to assist you in completing the preliminary paperwork in order that your petition can be accepted by the Scranton Tribunal.
Confidentiality remains highly essential in the process so that the integrity and reputation of the parties involved and the integrity of the process in its search for truth and justice may be protected. The Tribunal and its ministers are committed to confidentiality in each and every case. Cases will not be discussed nor information of any type disclosed except to those parties having lawful standing before the Court. It is our hope that you will abide in confidentiality with the same commitment to integrity, justice and truth.
In order for a case to be accepted, the Scranton Tribunal must establish its competence according to Church law. If the marriage in question was celebrated within the territory of the Diocese of Scranton or if your former spouse resides here, we can accept your case without qualification. If neither possibility applies to your case, we may be able to accept the case on the basis of your residence provided that certain conditions governed by canon law are met.
In view of the right of defense, the Tribunal is required by Church law to notify your former spouse. Therefore, the Respondent (your former spouse) will be sent a letter as soon as we receive your petition and the accompanying paperwork. We will encourage his or her participation in our investigation of the case. If your former spouse chooses to participate in the proceedings, he or she will have the option of providing written or tape-recorded oral testimony. There is more about the rights of your former spouse in the following pages.
If the marriage in question is declared null by virtue of the facts in accord with the law, it will not affect the natural or civil obligations (i.e., child support, visitation rights, property settlement, alimony, etc.) created by this marriage. Moreover, according to the Catholic Church, a declaration of marriage nullity does not affect the legitimacy of any children born to this marriage. Please remember that this process is conducted exclusively for religious purposes in order to determine the validity of your former marriage (and hence, your freedom to marry) in the view of the Catholic Church.
Therefore, we encourage you to communicate with the Scranton Tribunal during the process. All contacts with regard to your case should be made in writing in order to safeguard confidentiality and to provide a written record for your file.
The Result of this Process
We hope that the result of this process will be a healing experience for you. For some people, this can be a healing of memories or simply peace of mind. For a divorced and remarried Catholic, a declaration of marriage nullity will allow you to resume a full sacramental life in the Church. For a non-Catholic, a declaration of marriage nullity will enable your present or intended spouse to validate your marriage by his or her Church. With regard to any previous marriage, a non-Catholic should be aware that the Catholic Church presumes that any marriage entered into by a man and woman is valid until the contrary can be proven. Therefore, a subsequent marriage cannot be recognized by the Catholic Church until any former marriage has been declared null.
The potential benefits of a successful outcome of this process should not cause you to overlook certain realities, however. Essentially a declaration of marriage nullity requires the demonstration of certain facts which prove the invalidity of marital consent according to teachings and laws of the Catholic Church. The process for declaring a marriage invalid seeks to discover whether there is evidence of some ground of nullity upon which the invalidity of marital consent rests. This process, therefore, involves the search for and demonstration of the truth. An affirmative decision indicates that a person’s petition for a declaration of nullity has been proven according to the laws and teachings of the Catholic Church; a negative decision would indicate that the petition was not able to be established to the satisfaction of the judges.
The Rights of the Parties
The declaration of marriage nullity process is governed by specific laws of the Church which protect various rights of the parties, the Church, and the Sacrament of Marriage. The Petitioner and Respondent may choose to appoint an Advocate to assist in the process. The Tribunal is under a most serious obligation to ensure and protect the following rights of your former spouse:
1. To be notified about your request for a declaration of marriage nullity;
2. To be allowed to participate by giving testimony and/or offering the names of witnesses;
3. To know the basis for your petition, the names of your witnesses, and the grounds on which the nullity of the marriage will be alleged;
4. To know the content of the case by reading the testimony at a Tribunal office;
5. To challenge or refute your testimony or that of the witnesses;
6. To know the content of and reasons for the decision.
7. To challenge the decision by a Complaint of Nullity of the Sentence or an appeal to a higher Church tribunal.
It should be noted that, as the Petitioner, you have rights similar to the above. Therefore, know that the information provide to us by either party or their witnesses may be accessible to the Petitioner and Respondent, if they so choose and if the Tribunal concurs.
Special Situations Concerning Your Former Spouse
If the Respondent is not willing to cooperate or simply ignores the letter or notification, the proceedings will continue. If the whereabouts of the Respondent is genuinely unknown, the case can continue. However, documentation will be required to demonstrate that his or her location is truly unknown. In this regard, you must provide us with the requested information on the “Your Efforts to Locate Your Former Spouse” form in the initial paperwork.
If the Respondent was violent or abusive, this must be fully documented by court records, police reports, sworn testimony, etc. Even in such situations, however, the law of the Church views the Respondent’s “right of defense” as one which must be taken seriously because it is a natural right. Consequently, our failure to notify a Respondent could result in the reversal of an affirmative decision by a higher Church tribunal.
If you cannot agree with the requirement of canon law that we notify your former spouse, it may not be possible for you to pursue the resolution of your marital situation with the Scranton Tribunal, at least not at this time. If you are concerned about the notification of your former spouse, it will be best to discuss this directly with the Scranton Tribunal.
Witnesses
An ancient principal, evident even in the scriptures, states that two witnesses are required in any question or dispute brought before the church community. Anyone who has known you well during the courtship and at the time of your marrying can serve as a witness. It is most helpful if the person knew your former spouse at the time of courtship and marrying as well. The best witnesses are those who have known you both since your courtship. Usually, parents, brothers or sisters, or other relatives make good witnesses. We prefer, however, that you not involve your children in the proceedings.
At times, there may be someone you presume would not be an acceptable or knowledgeable witness. Certainly there are some things about a marriage that no one would know about except the former spouse. Nevertheless, please allow us to evaluate the suitability of a witness. It is not always necessary that someone know the intimate details of your life: that they have known you well and were at least acquainted with your former spouse is often more than enough.
The witnesses whose names and addresses you provide will be sent a questionnaire similar to (but shorter than) the one you have completed. You should encourage a prompt response. Many cases are significantly delayed because of witness problems. In some cases, the Scranton Tribunal many want your witnesses interviewed.
Confidentiality
The Scranton Tribunal functions as the official judicial forum by which a person can resolve a problem or regularize his or her status in the Church. This is considered to be the external forum: it is a public, official, and juridical way to address certain situations in the Church. In terms of the divorced, it is the public, external and juridical way that a person can have a subsequent marriage validated by the Catholic Church. Therefore, there are certain features which make this a “public” process.
Nevertheless, any information gathered by the Scranton Tribunal is for the exclusive use of the Catholic Church in determining the validity of a marriage according to its teachings and laws. Because such information is personal and sensitive, the Church is concerned that no one is harmed in any way as a result of this process. Therefore, the Scranton Tribunal may request an oath of secrecy from the parties in the case in order to protect a person’s privacy, good name or reputation. Such an assurance of confidentiality from the parties is also necessary in order that the Church may conduct its internal affairs freely in our society.
Be assured, however, that only those persons who have lawful standing before the Court have access to this information. Obviously, in the first place, this right applies to the parties themselves (you and your former spouse). The need to know applies to the officials and employees of the Tribunal who are bound by a strict obligation of secrecy. Others who may need to be informed about the details of a case are officers of other Church tribunals or professionals whom we engage for their expert opinion.
Often, after a decree of nullity is issued, certain issues need further clarification before permission to marry will be given by the Church. In those situations, a professional counselor will need to be informed about the background of those areas needing clarification.
Financial Agreement
The Diocese of Scranton underwrites more than half of the actual expenses involved in running the Scranton Tribunal. At present, we ask the Petitioner to pay less than half of the actual cost per case: $500.00. (Additionally, if an affirmative decision is rendered by the Scranton Tribunal the Petitioner will be asked to pay the $100.00 ratification fee that is charged by the Tribunal of the Archdiocese of Philadelphia.) Normally we ask that the Scranton Tribunal’s $500.00 fee be paid in two installments. The first half is generally expected when you send in the initial paperwork; the balance is requested at the time you are notified that the petition has been accepted and grounds have been set, usually a few months into the process.
However, you may arrange a different schedule of payment if necessary. In cases of genuine need, the fee can be reduced and, in urgent situations, even waived. No one should hesitate to file a petition for a declaration of marriage nullity because of a financial difficulty. Please read carefully the financial agreement at the end of the questionnaire for further information.
If, at some point during the process, you need to modify your financial agreement, please inform us. Discontinuing payments without explanation is generally viewed as a sign that you do not wish to pursue the case further.
Release of Counseling Records
Often the professional opinion of a counselor helps the Scranton Tribunal in understanding the problems within your former marriage. Any information provided to the Scranton Tribunal by a counselor is confidential. You must authorize the release of such information. It is understood that any report you release from a counselor or agency will be for the exclusive use of the Tribunal.
If you engaged the services of a professional for individual or marital counseling, we ask that you request the counselor or agency to provide the Scranton Tribunal with a report. To make such a request, please read carefully and complete fully the “Professional or Expert Witnesses” form provided in your initial paperwork. The Scranton Tribunal will ask you to sign a release and will send the release to the appropriate address. If you were counseled by more than one professional, you must complete a release for each one.
Length of the Process
When you complete the enclosed questionnaire and submit it with the required evidentiary documents, you are beginning a lengthy process. Ideally, the Code of Canon Law asks that such cases at the diocesan level be finished in twelve months and, at the next level (for us, in the Tribunal of the Archdiocese of Philadelphia), in six months. With the availability of qualified personnel to work in the Scranton Tribunal, we hope to come to a decision in these cases well within these ideal time frames, if not before.
However, some cases are delayed by insufficient information or by a lack of cooperation from the Petitioner or witnesses. Hence, you should present the preliminary information as thoroughly as possible. It would be advisable to speak to your witnesses beforehand and obtain their assurance that they will respond promptly. The longest delays in a case often arise when witnesses do not respond.
Preparing for Another Marriage
In evaluating the testimony in a marriage case, the Scranton Tribunal often learns a great deal about the parties and their marriage. In most cases, some of this information can be used to help the parties prepare more thoroughly or realistically for a future marriage. Moreover, there may be some questions about what led to the problems in the former marriage.
The Church is very concerned that a future marriage be as happy and healthy as possible. In many cases, special marriage preparation will be required for you and an intended spouse before another marriage will be permitted in the Church. Such special preparation can include one of the following requirements:
1. Informing the priest or deacon preparing a future marriage about specific pastoral questions or concerns to be discussed with you and an intended spouse;
2. A series of three sessions with a marriage and family therapist at a local office of Catholic Social Services to discuss specific concerns or questions and to evaluate the future marriage.
3. Referral to a qualified professional (i.e., an alcohol or drug counselor, psychologist, other mental health professional) to assess and/or discuss certain specific areas of concern.
Any of these types of referrals following a declaration of nullity are meant not as a penalty but as a help to you and your future spouse. Often many couples see such an experience as a benefit to their marriage. In the event that the second or third possibility is required, it is understood that you will be responsible for the professional fees involved.
Because a declaration of nullity involved a legal process which resolved the question of your marital status in the Catholic Church, it must be completed definitively (one way or the other) before you can begin to prepare for another marriage in the Church. To avoid confusion, anger, embarrassment and hurt, no date can be set for another marriage (or for the validation of an existing marriage) before a final and favorable decision is rendered in your case. If you are a catechumen or a candidate for reception into full communion with the Church, your baptism or reception into the Church may also be delayed until your marital status is clarified. If you have questions about this, please speak to your parish priest.
Since the Church mourns the loss and pain which accompany any divorce, and hopes to avoid questions and any possible scandal, your future marriage should be celebrated simply and with little or no publicity.
The Tribunal as a Ministry of Service
The Scranton Tribunal exists to help people participate more fully in the sacramental life of the Catholic Church. Within the limits set by the Church’s law, we will do all that we can to assist you. The information detailed above is designed to be clear about what is necessary for you to present a well-founded petition for a declaration of nullity to the Tribunal.
If you need further information, you may wish to speak to your parish priest. However, please do not hesitate to contact the Scranton Tribunal directly with any specific questions you may have about the process or its requirements. You may refer further inquiries to:
Coordinator of the Tribunal
300 Wyoming Avenue
Scranton, PA 18503-1279
(570) 207-2246
Respondent Brochure for Formal Cases
CHURCH DECLARATIONS OF MARRIAGE NULLITY
A STATEMENT OF POLICY AND PROCEDURE FOR THE RESPONDENT
As the Respondent in a formal case, you may have already been informed that your former spouse submitted a petition to the Tribunal of the Diocese of Scranton challenging the validity of your marriage. The petition initiates a judicial investigation to determine whether or not there is proof of some ground upon which the invalidity of marital consent rests. This process, therefore, involves the search for and demonstration of the truth. An affirmative decision indicates that a person’s petition for a declaration of nullity has been proven according to the laws and teachings of the Catholic Church; a negative decision would indicate that the invalidity of the marriage was not established by way of the facts presented in view of the law.
Your initial response to our notification may be that you need further information about this process. You may want to cooperate in this investigation because the possibility of an affirmative decision would be to your own benefit. You may want to cooperate in order to insure that your perception of the marriage is fully understood by the Scranton Tribunal and thoroughly considered in its decision. You may have some concerns about a possible declaration of marriage nullity and want to exercise your rights in the process. You may want to challenge the process or the possibility of an affirmative decision.
The information contained here is designed to help you better understand the judicial process pertaining to the nullity of marriage. It also explains your rights according to the norms of canon law. We encourage your participation in the case by providing testimony. You may opt to complete the same questionnaire your former spouse completed to introduce the case. Your responses will enable us to come to a balanced understanding of the factors surrounding your marriage.
Please be aware that your former spouse has a right to petition the Scranton Tribunal for a declaration of marriage nullity. This is true even if neither of you are members of the Catholic Church or if the marriage was not celebrated in a Catholic ceremony. If you and your former spouse are not Catholic, you can presume that the only reason we have agreed to examine this marriage is to determine whether your former spouse can be considered free to marry now in the Catholic Church.
If, through these proceedings a declaration of nullity (annulment) is granted, it will not affect any natural or civil obligations (i.e., child support, visitation rights, property settlement, alimony, etc.) created by this marriage. Moreover, according to the Catholic Church, a declaration of invalidity of the marriage does not affect the legitimacy of any children born to this marriage. Please remember that this process is conducted exclusively for religious purposes in order to determine the validity of your marriage in the view of the Catholic Church.
The Result of this Process
For some people, the outcome of this process can include a healing of memories or simply peace of mind. For a divorced and remarried Catholic, a declaration of nullity will allow you to resume a full sacramental life in the Church. For a non-Catholic, a declaration of nullity will enable your present or intended Catholic spouse to have your marriage validated by the Church. With regard to any previous marriage, a non-Catholic should be aware that the Catholic Church presumes that any marriage entered into by a man and woman is considered valid until the contrary can be proven. Therefore, a subsequent marriage cannot be recognized by the Catholic Church until any former marriage has been declared null.
The Rights of the Parties
The declaration of marriage nullity process is governed by specific laws of the Church which protect various rights of the parties, the Church, and the Sacrament of Marriage. The Petitioner has a right to question the validity of your marriage and to expect a definitive response for the Scranton Tribunal in a timely manner.
Clearly, the Scranton Tribunal is under a most serious obligation to ensure and protect the following rights of the Respondent:
1. To be notified about your former spouse’s request for a declaration of marriage nullity;
2. To be allowed to participate by giving testimony and/or offering the names of witnesses.
3. To know the basis for the petition, the names of the witnesses, and the grounds on which the nullity of the marriage is alleged;
4. To know the content of the case by reading the testimony at a tribunal office;
5. To challenge or refute the Petitioner’s testimony or that of the witnesses;
6. To know the content and reasons for the decision;
7. To challenge the decision by a complaint of nullity or an appeal to a higher Church tribunal.
It should be noted that the Petitioner has rights similar to the above. Therefore, know that the information provided to us may be reviewed by the Petitioner and Respondent, if they so choose and if the Scranton Tribunal concurs.
Witnesses
An ancient principal, evident even in the scriptures, states that two witnesses are required in any question or dispute brought before the church community. Anyone who has known you well during the courtship and at the time of your marrying can serve as a witness. It is most helpful if the person knew your former spouse at the time of courtship and marrying as well. The best witnesses are those who have known you both since your courtship. Usually, parents, brothers or sisters, or other relatives make good witnesses. We prefer, however, that you not involve your children in the proceedings.
At times, there may be someone you presume would not be an acceptable or knowledgeable witness. Certainly there are some things about a marriage that no one would know about except the former spouse. Nevertheless, please allow us to evaluate the suitability of a witness. It is not always necessary that someone know the intimate details of your life; that they have known you well and were at least acquainted with your former spouse is often more than enough.
The witnesses whose names and addresses you provide will be sent a questionnaire similar to (but shorter than) the one you have received. This will be sent when we receive your paperwork and establish potential grounds. You should encourage their prompt response.
Confidentiality
The Scranton Tribunal functions as the official judicial forum by which a person can resolve a problem or regularize his or her status in the Church. This is considered to be the external forum: it is a public, official, and juridical way to address certain situations in the Church. In terms of the divorced, it is the public, external and juridical way that a person can have a subsequent marriage validated by the Catholic Church. Therefore, there are certain features which make this a “public” process.
Nevertheless, any information gathered by the Scranton Tribunal is for the exclusive use of the Catholic Church in determining the validity of a marriage according to its teachings and laws. Because such information is personal and sensitive, the Church is concerned that no one is harmed in any way as a result of this process. Therefore, the Scranton Tribunal may request an oath of secrecy from the parties in the case in order to protect a person’s privacy, good name or reputation. Such an assurance of confidentiality from the parties is also necessary in order that the Church may conduct its internal affairs freely in our society.
Be assured, however, that only those persons who have lawful standing before the Court have access to this information. Obviously, in the first place, this right applies to the parties themselves (you and your former spouse). The need to know applies to the officials and employees of the Tribunal who are bound by a strict obligation of secrecy. Others who may need to be informed about the details of a case are officers of other Church tribunals or professionals whom we engage for their expert opinion.
Often, after a decree of nullity is issued, certain issues need further clarification before permission to marry will be given by the Church. In those situations, a professional counselor will need to be informed about the background of those areas needing clarification.
Financial Agreement
It is often rumored that a declaration of marriage nullity can be obtained from the Church if one is willing to pay a large sum of money. This is totally false. In fact, it is contrary to Church law. The Diocese of Scranton underwrites more than half of the actual expenses involved in running the Tribunal. At present, the Petitioner in a formal case is asked to contribute $500.00 to the cost of operating the Scranton Tribunal. Moreover, the Scranton Tribunal regularly reduces this suggested offering and sometimes waives it altogether, if circumstances warrant it.
Release of Counseling Records
Often the professional opinion of a counselor helps the Scranton Tribunal in understanding the dynamics of a marriage. Any information provided by a counselor to the Scranton Tribunal is confidential. Although you or your former spouse must authorize the release of such information, it is understood that any report released by a counselor or agency will be for the exclusive use of the Tribunal.
If you engaged the services of a professional for individual or marital counseling, we ask that you request that counselor or agency to provide the Scranton Tribunal with a report. To make such a request, please read carefully and complete fully the form provided at the end of the questionnaire. The Tribunal will send your release(s) to the appropriate address. If you were counseled by more than one professional, you must complete a release for each one. You may duplicate the form for this purpose.
Length of the Process
Ideally, the Code of Canon Law asks that a formal case at the diocesan level be finished in twelve months and at the next level (in the Tribunal of the Archdiocese of Philadelphia), in six months. With the availability of qualified personnel to work in the Scranton Tribunal, we hope to come to a decision in these cases well within these ideal time frames, if not before.
Some cases are delayed by insufficient information or by a lack of cooperation from the Petitioner or witnesses. In the event that the Petitioner abandons the case, you may assume the role (and obligations) of the Petitioner in order to see the process through to a conclusion.
Preparing for Another Marriage
In evaluating the testimony in a declaration of nullity case, the Scranton Tribunal learns a great deal about the parties and their marriage. In most cases, some of this information can be used to help either party prepare more thoroughly or realistically for a future marriage. Moreover, there may be some lingering questions about what led to the problems in the former marriage.
The Church is very concerned that a future marriage be as happy and healthy as possible. In many cases, special marriage preparation will be required for one or both parties and a future spouse before another marriage will be permitted in the Church.
Such special preparation can include one of the following requirements:
1. Informing the priest or deacon preparing a future marriage about specific pastoral questions or concerns which arose from the testimony in the case;
2. A series of three sessions with a marriage and family therapist at a local office of Catholic Social Services to discuss specific concerns or questions and to evaluate the future marriage;
3. Referral to a qualified professional (i.e. an alcohol or drug counselor, psychologist, other mental health professional) to assess and/or discuss certain specific areas of concern.
Any of these types of post-declaration of nullity referrals are meant not as a penalty, but as a help to you and a future spouse. Often many couples see such an experience as a benefit to their marriage. In the event that the second or third possibility is required, it is understood that you will be responsible for any professional fees involved.
Because a declaration of nullity involves a legal process which resolves the question of a person’s marital status in the Catholic Church, it must be completed definitively (one way or the other) before any preparations can be made for another marriage in the Church. To avoid confusion, anger, embarrassment and hurt, no date can be set for another marriage (or for the convalidation of an existing marriage) before a final and favorable decision is rendered in the case. If you are a catechumen or a candidate for reception into full communion with the Church, your reception into the Church may also be delayed until your marital status is clarified. If you have questions about this, please speak to your parish priest.
Since the Church mourns the loss and pain which accompany any divorce, and hopes to avoid questions and any possibility of scandal, a future marriage should be cerebrated or validated simply and with little or no publicity.
The Tribunal as a Ministry of Service
The Scranton Tribunal exists to help people participate more fully in the sacramental life of the Catholic Church. Within the limits set by the Church’s law, we will do all that we can to assist both the petitioner and respondent in exercising their rights in this process.
As the case progresses, there may be times when you would like to communicate with the Scranton Tribunal. All contacts with regard to your case should be made in writing in order to safeguard confidentiality and to provide a written record for your file.
If you need further information, you may wish to speak to a parish priest. However, please do not hesitate to contact the Scranton Tribunal directly with any specific questions you may have about the process or its requirements. You may refer further inquiries to:
Coordinator of the Tribunal
300 Wyoming Avenue
Scranton, PA 18503-1279
(570) 207-2246
Lack of Canonical Form Cases
CASES INVOLVING A LACK OF CANONICAL FORM
What is Canonical Form?
The law of the Church requires for validity that every Catholic marry in the presence of a priest or deacon and two witnesses, using the Catholic form of marriage. It is possible for the Bishop to dispense from the requirement of canonical form for the Catholic party entering a mixed religion marriage. The marriage of two Catholics always requires canonical form.
What is a Lack of Canonical Form case?
If a Catholic is not married in the presence of a priest or deacon and has not received a dispensation from canonical form, then the Church’s required form of marriage has not been followed and the Church does not recognize the union as a valid marriage.
For example, if a Catholic and non-Catholic marry in a non-Catholic religious ceremony without the Catholic first receiving a dispensation from form from his/her bishop, they have not observed the required canonical form. Similarly, if two Catholics marry in a civil ceremony they have not observed the required canonical form. Their unions are not recognized as valid marriages by the Catholic Church.
If a party to such a marriage celebrated outside of required canonical form divorces and now wishes to enter a future marriage in the Catholic Church with another person, he/she first must obtain a “lack of canonical form” decree to verify that the prior marriage meets the criteria of “lack of canonical form.” This process demonstrates there was no valid marriage and that neither party is bound to the union. This is a simple administrative process wherein three elements must be demonstrated:
• It must be shown that at least one of the spouses was bound to observe
the canonical form at the time of the wedding; this is demonstrated by
submitting the baptismal certificate for the Catholic party (it is required
that it be an annotated baptismal certificate obtained with the past six
months);
• It must be shown that the marriage in question was not celebrated with a
dispensation from canonical form by the proper bishop;
• It must be shown that the original non-Catholic ceremony was not
subsequently validated (blessed) in a Catholic ceremony or sanated
(corrected) by the proper Church authority.
How do I obtain a Lack of Canonical Form decree?
In the Diocese of Scranton, you may obtain the documents for this process from your diocesan priest. He will have the paperwork to start this process. He will then forward the paperwork to the Scranton Tribunal.
Please feel free to call the Scranton Tribunal with any issues or concerns.
Coordinator of the Tribunal
300 Wyoming Avenue
Scranton, PA 18503-1279
(570) 207-2246
Fees
Scranton Tribunal Fees
No person is ever turned away from the Scranton Tribunal because of their inability to pay a requested fee. For those Petitioners who are experiencing financial difficulty, the tribunal will always work with them to determine an acceptable payment schedule or reduced or waived fee.
Formal Case……………………………………………………………………..$600
(which includes the Archdiocese of Philadelphia Tribunal’s
$100 ratification fee)
2nd or further formal case by the same Petitioner…………………………$250
each case (plus above-noted $100 ratification fee)
Lack of Canonical Form Case…………………………………………………$60
Defect in Canonical Form Case……………………………………………….$200
Prior Bond (Ligamen) Case……………………………………………………$200
Pauline Privilege Case………………………………………………………….$200
Favor of the Faith (Petrine Privilege) Case…………………………………..$500
plus Current Tax Charged by Holy See
Appeal to the Provincial Court of Appeals……………………………………$450
Appeal to the Tribunal of the Roman Rota…………………………………..$1000 total
Retroactive Validation (Sanatio in Radice)……………………… …………..No fee
Contact Us
Scranton Tribunal
300 Wyoming Avenue
Scranton, PA 18503-1279
Joseph Fox
Tribunal Coordinator
Office Telephone: (570) 207-2246
Office Fax: (570) 207-2274
Hours: Monday through Friday, 9 a.m. to 5 p.m.
