The annulment process begins when a party petitions the Tribunal for a declaration of nullity by challenging the validity of his/her marriage. The party who initiates the process is referred to as the Petitioner; the other party is referred to as the Respondent. The Tribunal then conducts an investigation into the circumstances surrounding the marriage, specifically the time when the couple exchanged their vows. The investigation seeks to establish whether there was ever a marital bond as understood by the Catholic Church. If no marital bond existed, the marriage is considered invalid. A declaration of nullity does not dissolve a bond which already exists. For this reason, an annulment cannot be considered a “Catholic divorce.”
- Petitioning for an annulment
To petition for an annulment, it is advised that one first contact the pastor or deacon of their Catholic parish. If they are unable to assist you, please contact the Scranton Tribunal.
You will need the following items:
- Baptismal certificate with notations for the petitioner that has been issued within the last 6 months from the Catholic church of Baptism.
- A certified copy of your Marriage License; Abstracts issued by the State are not acceptable
- A copy of your Divorce Decree
- Completed Petition for Declaration of Nullity
- Preliminary Application for Introduction of a Formal Case
Please note that applications submitted to the Tribunal lacking the listed required documents will not be processed until all documents have subsequently been received.
- Petition is submitted to the Tribunal
Once the above paperwork is complete and all necessary documents have been obtained, it is to be mailed to the Office of the Tribunal. Individuals can petition for the annulment to the Diocese of Scranton if any one of the following conditions is verified:
- The marriage was contracted within the territory of the Diocese of Scranton (c. 1672, 1°).
- Either the petitioner or the respondent resides within the territory of the Diocese of Scranton (c. 1672, 2°).
- The Diocese of Scranton is the jurisdiction in which most of the proofs will be collected (c. 1672, 3°).
Once the Tribunal determines competency, the case is either accepted for trial, or if the case lacks merit or the Tribunal lacks jurisdiction, the petition is rejected.
- Citation of the Parties
If the case is accepted for trial, the petitioner is notified by mail. The respondent is notified of and receives a copy of the petition. The respondent is given an opportunity to respond to the citation by submitting a declaration of their intended level of participation.
- Constitution of the Court and Joinder of the Issue
The parties are notified of the grounds of the case and the Tribunal officials are assigned. Both the petitioner and the respondent have ten canonical days to raise any objections to the grounds of the case. If no objections are raised, the case proceeds.
- Evidence Gathering
After the grounds are accepted, the case is moved to the evidence gathering phase. Questionnaires are sent to the Petitioner, the Petitioner’s named witnesses, and the Respondent if he/she is participating. The Tribunal then waits for the completed questionnaires to be returned.
It is important to note that cases are often delayed at this stage due to a lack of response in a timely manner. Petitioners should complete their questionnaire thoroughly and submit it to the Tribunal at their earliest ability. Petitioners should also speak with their witnesses and encourage them to do the same. If during this process a petitioner discovers that a witness no longer wishes to participate, the petitioner is to contact the Tribunal and provide the full name, relationship, and contact information of a new witness willing to participate. A case proceeds forward only when all testimony has been received.
- Publication of the Acts
Once all the testimony has been collected, the Acts, or evidence, are published. This information is not open to the public. Rather, the Petitioner and Respondent have the right to read all of the Acts gathered regarding this case. If either party chooses to read the Acts, this is only done in person at the Tribunal by appointment. If there is a question of confidentiality, the person’s name on the testimony may be removed. But in order for testimony to be used by the judge(s) in reaching a final decision, the witness must allow both of the parties to read it.
- Defender of the Bond
The duty of the defender of the bond in marriage nullity cases is to protect the bond of marriage by intervening on behalf of the bond to the extent that is reasonable and possible. At the same time, the defender of the bond acts with respect to the truth. Canon law affords the defender of the bond the right to offer a final statement before a case is sentenced if it is deemed necessary.
- Decision
The judges now examine the evidence to determine whether the marriage was valid. In every petition for an annulment, the marriage is presumed valid until proven otherwise. The judges must reach moral certitude, a high burden of proof, to justify that the marriage was, in fact, invalid. The case can receive an Affirmative decision, meaning it was determined that the marriage was invalid, or a Negative decision, meaning the presumption that the marriage is valid was not overturned. When a negative decision is rendered, the Church still considers these parties to be married and they are not free to marry other individuals.
- Notification of the Decision and Potential to Appeal
After the sentencing of a case, notifications of the decision are mailed to both parties. The petitioner, the respondent, and the defender of the bond have the ability to appeal the decision to a higher court if they are not in agreement. If there is an appeal within the prescribed time limit, the sentence is suspended and the parties are not free to marry. Should a party appeal the decision, the case would go to a second instance court. If none of the parties appeal the decision, decrees of nullity for those cases judged affirmative are mailed after the prescribed time limit.