FREQUENTLY ASKED QUESTIONSABOUT DECLARATIONS

OF NULLITY

F. A. Q.

Metropolitan TribunalArchdiocese of Chicago

2006

On the cover: The official logo for theTribunal of the Archdiocese of Chicagois a phoenix, calling to mind not only thecity of Chicago rising from the ashes ofthe 1871 great fire, but also the belief inthe power of life over death. The Latinphrase, “Salus animarum, suprema lex”is an ancient canonical maxim: thesupreme law is the salvation of souls.

Metropolitan TribunalArchdiocese of Chicago835 North Rush StreetChicago, Illinois 60611

TELEPHONE: 312.534.8280FAX: 312.534.8314

INTRODUCTION

Since the beginning of history, men and womenhave been giving themselves to each other inmarriage. For Christians, marriage is a unique

union in which two become one in an unbreakablebond, called the sacrament of matrimony.

Unfortunately, marital breakdown has also been apart of that history. The end of a marriage results ingreat personal pain and loss for the couple. Theteachings of Jesus regarding marriage are of a highstandard. The Catholic Church believes that no onecan break a valid sacramental bond of marriage. So,when a marriage ends, it is not unusual for a personto feel that they have let themselves and their Churchdown. It is for this reason that the Church hasdeveloped a judicial system to determine if any of thefactors that caused the breakdown of the marriagewas indeed an impediment or barrier to creating theunbreakable bond of marriage in the first place.

The Catholic Church is aware of the high stress anddeep loss involved with divorce. The Churchaddresses the needs of the divorced while stillsupporting the permanence of a valid marriage. TheMarriage Tribunal, the judicial arm of the Church,seeks a clarification of a person’s standing in theChurch and whether they are free to marry again inthe Church. It is the Tribunal’s hope that this processmay offer an opportunity for healing for all concerned.

To clarify the process you are about to begin, a briefexplanation may be helpful to you. This process isvery different from the civil process you went throughat the time of your divorce. The Church processconcerning a declaration of nullity seeks the truth ofwhat occurred at the time a couple exchanged vows

on their wedding day. It makes a statement of factafter reviewing the testimony. If an affirmativedecision is given, it is a statement that there was noreal covenant at the time of consent because of thepresence of some barrier or impediment. However, itmust be kept in mind that one is still bound to certainmoral and/or legal obligations (e.g., child support).

This booklet is designed 1) to answer the mostcommonly asked questions about a declaration ofnullity and 2) to assist one in making a petition to theTribunal.

For further information, you may call the Tribunalweekdays between 9:30 A.M. and 4:00 P.M. at 312-534-8280 or access the Archdiocesan website at:www.archchicago.org (click on ‘Departments’ andthen ‘Tribunal’).

Additional information may also be found on thewebsite for the Family Ministries of the Archdioceseof Chicago (www.familyministries.org).

Written inquiries should be sent to:

Office of the Metropolitan TribunalArchdiocese of Chicago835 North Rush StreetChicago, Illinois 60611

QUESTIONS CONCERNING TRIBUNAL PROCEDURE

These questions refer to the procedures of theMarriage Tribunal. The second section refersto questions that petitioners and respondents

often ask.

1. WHAT DOES THE CATHOLIC CHURCHTEACH ABOUT MARRIAGE?

The Church teaches that marriage is created by Godand governed by his laws. All people who arecapable of giving consent can marry. Marriage is theunion between a man and a woman that is anunbreakable covenant. However, certain requisitesare essential for this covenant to be unbreakable andbinding.• A person must commit to a marriage that is

permanent, exclusive and open to children. • A person must be capable of committing to

marriage by making a mature judgment and alife-long commitment with the psychologicalstability necessary to live out that commitment.

2. WHAT IS A FORMAL DECLARATION OFNULLITY?

A formal declaration of nullity is a statement by theRoman Catholic Church that the marriage inquestion was not a binding (sacramental) union. Aformal declaration of nullity is a statement by theChurch that a relationship fell short of at least one ofthe elements seen as essential for a valid marriageaccording to the teachings of the Catholic Church.• It does not deny that a relationship existed

which was recognized as a marriage by civillaw.

• Furthermore, it does not imply that therelationship was entered with ill will or moralfault.

• It does not say that children of such marriagesbecome illegitimate.

3. WHAT MUST BE PROVEN?

It must be proven that when the couple exchangedconsent an essential element of marriage was lackingeven though it may not have been evident to thecouple at that time.• Please note that adultery or other serious

problems that took place during the marriage arenot in and of themselves sufficient proof that amarriage was invalid at its inception.

4. WHO NEEDS A DECLARATION OF NULLITYFOR A PREVIOUS MARRIAGE?

• All Catholics who married in the Catholic Churchbefore a priest or deacon and two witnesses orwho received permission from the CatholicChurch to marry elsewhere.

• All Orthodox Christians who married in theirproper Orthodox Church.

• All others who married in any way and now wishto marry a Catholic.

5. WHO MAY APPLY FOR A FORMALDECLARATION OF NULLITY? WHY DOESTHE CHURCH MAKE A JUDGMENT ABOUTTHE VALIDITY OF A MARRIAGE? WHY DOESTHE CHURCH BECOME INVOLVED IN THEMARRIAGES OF NON-CATHOLICS?

• Either party to a former marriage may apply for adeclaration of nullity.

• The Catholic Church only has a right to look intoa marriage’s validity when one of the parties tothat marriage petitions it to do so.

• The reason that the Catholic Church becomesinvolved in the marriages of non-Catholics isusually because a divorced non-Catholic personnow wishes to marry a Catholic. Since allconsenting adults are free to marry, the CatholicChurch ordinarily views the marriages of non-Catholics as binding unless the presence ofsome defect or impediment is proven.

6. WILL A FORMER SPOUSE BE CONTACTEDAND WHY?

• Yes. At the same time that the petitioner (theone who submits a petition to the Tribunal) isnotified that the case has been accepted, theJudge will inform the former spouse (therespondent) and will offer him/her anopportunity to participate. The non-participationof the former spouse usually does not hinderthe progress of the case. However, thecooperation of the former spouse is invariablyhelpful to the process.

• One’s former spouse was a party to themarriage. Just as in civil law, when one istaking an action involving another person,he/she must be informed of it. If a formerspouse is not interested in taking part in theTribunal proceedings, that is his/her choice, butChurch law requires that he/she must benotified.

7. SHOULD I TELL MY FORMER SPOUSE THATI AM DOING THIS?

If you are able to do so, it is a courtesy. Eventhough you are now divorced and there may be hardfeelings between you, telling your former spousewhy you are beginning this process is a kind thing todo. Otherwise, it can be intimidating to your formerspouse to receive a letter from the Tribunal that youare doing this. You may want to indicate that you aredoing this for spiritual reasons and to put closure onthat stage of your life. Make it clear that this is notgoing to be an adversarial process, but a way ofseeking the truth about what occurred between thetwo of you at the time of your marriage.

8. WHAT IF THE ADDRESS OF THE FORMERSPOUSE IS UNKNOWN?

• Church law requires that the former spouse becontacted. However, if the former spouse'saddress is unknown, it must be established thatthe petitioner has used reasonable means toascertain the former spouse’s specific place ofresidence. It is left to the discretion of the

Judge to determine the adequacy of thepetitioner's efforts on a case-by-case basis. If the former spouse's whereabouts remainsunknown, an Advocate will be appointed to acton his/her behalf.

• A reasonable effort includes consulting relativesof one’s former spouse, employers, phonedirectories, or internet searches. If these effortsfail, your case can still proceed.

9. HOW IS A FORMAL DECLARATION OFNULLITY PROCEDURE STARTED?

• A civil divorce must first be finalized before thisprocess can begin. For marriages notrecognized civilly this is not necessary.

• The petitioner then should complete anapplication with the assistance of a pastoralminister. (Applications are available at allparishes in the Archdiocese of Chicago.) Allquestions should be carefully answered withcurrent legal names indicated where requested.An incomplete application delays the process.It is very important to supply a current addressfor contacting the former spouse.

• After an application has been received, apacket containing a pertinent questionnaire andvarious forms for signatures will be sent. TheTribunal gathers its evidence by sworn writtenaffidavits. The petitioner puts forth his/hercontentions in the written case history of theparties’ backgrounds, courtship, marriage anddivorce. Normally the petitioner completes thisquestionnaire without assistance. However, insome cases, a pastoral minister may assist thepetitioner with this task. A priest, deacon orpastoral minister will ordinarily notarize anysigned forms.

• After all the questionnaires and forms havebeen completed, the petitioner is to return thedocuments to the Tribunal. The Tribunal willacknowledge receipt of the completed packet.

• The petitioner will be assigned a Tribunal FieldAdvocate and will be asked to make anappointment with him/her.

10. WHAT IS A FIELD ADVOCATE AND HIS/HERROLE?

• Field Advocates are specially trained laypersons,deacons, religious sisters and brothers andpriests throughout the Archdiocese who assistpetitioners in presenting a case to the Tribunal.They are members of the Tribunal staff.

• The Field Advocate conducts a personal interviewwith the petitioner, helps in the preparation of aformal petition and ensures that the forms andother data are complete. He/she will answer anypertinent questions.

• The Field Advocate then returns everything to theTribunal in preparation for formal acceptance.

11. WHEN IS A CASE FORMALLY ACCEPTED?

• After the Field Advocate has returned thecompleted packet to the Tribunal Office, the casewill be assigned to one of the Judges. The Judgewill determine whether there are plausiblegrounds on which to accept the case.

• A case is accepted when the Judge notifies bothparties. Any procedures prior to this time arestrictly preliminary preparation of a case.

12. IN GENERAL, WHAT IS THE PROCEDUREONCE THE CASE IS ACCEPTED?

Church Tribunals generally gather their evidence bysworn written affidavits or by a personal interviewwhen necessary. There is never a meeting betweenthe two former spouses.• As mentioned above, the Judge informs both

parties of the grounds for the case and names ofthe Court personnel via the U.S. mail.

• The respondent, as well as the petitioner, are givenan opportunity to accept, object or suggest othergrounds for the case, as well as to accept or objectto the Court personnel. Additionally, the respondentis given the opportunity to participate in theproceedings by giving testimony and submitting thenames of witnesses. If he/she does wish toparticipate, a questionnaire and forms are sent tothe respondent.

• Witnesses who are knowledgeable about thecourtship, engagement and marital situation willthen be asked to submit written statements.

• The parties may be asked to be interviewed by aCourt-appointed psychologist.

• In some cases, a psychologist will submit anopinion after reviewing the testimony.

• The Judge will inform both parties when the caseis being closed to further testimony and that theyhave two weeks to submit any additionalevidence. At that time, both parties have a rightto review the testimony at the Tribunal Office.However, copies of documents or notes may notbe taken from the Tribunal Office.

• In order to safeguard the marriage bond, amember of the Tribunal staff, who is known asthe Defender of the Bond, submits a briefpresenting any reasonable objections to apossible declaration of nullity.

• If an Advocate has been appointed for eitherparty, he/she will now submit a brief.

• The Judge then makes a decision and bothparties are informed of the decision. If theywish, the parties can review the decision at theTribunal Office.

• If there is an affirmative decision, the case isthen sent to the Court of Appeals since there isan automatic appeal of every affirmative decisionof the Chicago Tribunal. If the Court of Appealsconfirms the first court’s decision, the declarationof nullity is finalized.

• If there is a negative decision, the case ends atthis point, unless one of the parties appeals thatdecision. For detailed information about theappeal process, see questions #17-20.

• Throughout this procedure, both parties are keptinformed of the progress of the case.

13. IS TESTIMONY KEPT CONFIDENTIAL?

All the information gathered in the course of thisinvestigation is considered confidential. Thisinformation is not made available except as may beauthorized by Church law or State law regardingmandated reporting.• Church law states that both parties do have

access to the information collected unless theJudge determines that access to a particular partof the information may cause serious harm orunless the information is protected by civilstatute.

• The purpose of this access is to defend one'sposition for or against a possible ecclesiasticaldeclaration of nullity.

• Your former spouse has a right to know whatyou are testifying about your marriage. He/shehas the right to dispute or agree with what youwrite. If your former spouse submits testimony,you have a right to read it and to comment on it.

14. ALL ABOUT WITNESSES

A witness is a person who can provide the Tribunalwith information about the parties and theirrelationship. Ideally, a witness is able to provideinformation about the time leading up to themarriage, the marriage itself and the reasons for thebreak-up of the marriage. • Most persons, including family members, are

eligible witnesses. Specifically excluded byChurch law are confessors and minors.

• In general, the Tribunal does not requestchildren of the parties (regardless of age), acurrent civil spouse or a prospective spouse ofeither party to offer testimony unless there issome special reason.

• The Judge will usually contact the witnesses bymail within three weeks of accepting thepetition. Ordinarily they are not required toappear at the Tribunal Office.

• The petitioner will have been asked to providethe names of three or more witnesses who willbe able to provide substantive testimony aboutthe marriage. The respondent also has the rightto provide the names of witnesses.

• It is important that the petitioner makes surethat the witnesses have agreed to cooperateprior to submitting their names and addressesto the Tribunal. In addition, the petitioner shouldencourage the witnesses to return theirtestimonies to the Tribunal Office in areasonable amount of time (i.e., two weeks).Failure of the witnesses to cooperate in duetime is one of the main reasons for a delay inthe processing of a case.

• If no witnesses are available, characterreferences may be used to attest to thetruthfulness of one’s statements.

15. DOES A FORMAL DECLARATION OFNULLITY AFFECT THE LEGITIMACY OFCHILDREN?

No. Church law specifically states that children born ofa marriage, which has been declared invalid, arelegitimate and remain legitimate (c. 1137). This is agreatly misunderstood point. The decision of a ChurchTribunal has no effect on civil norms that govern childsupport, visitation rights and the legitimacy of children.Just as a civil divorce or a civil annulment do not makechildren illegitimate, neither does a Churchdeclaration of nullity.

16. WHAT IS THE DIFFERENCE BETWEEN MYCIVIL DIVORCE AND THE CHURCH’SDECLARATION OF NULLITY? WHY IS THECIVIL DIVORCE NOT SATISFACTORY IN THEEYES OF THE CHURCH?

Since Church and State are separate in our country, adeclaration of nullity by the Catholic Church does nothave any civil effect. As a result, individuals must firstobtain a civil divorce to satisfy legal requirements.Often in the civil divorce proceedings, grounds areused that are most expedient or considered “no fault”.A church declaration of nullity looks into all the facts ofa marriage in making its declaration.

17. IS THE DECISION OF THE CHICAGOTRIBUNAL FINAL?

• No. As was previously mentioned (question #12),every affirmative decision must be reviewed bylegitimately designated Court of Appeals (This isthe Church Court of Appeals for all the diocesesin Illinois.). Either party may add a personalappeal to the review. Also, either party maymake a direct appeal to the Roman Rota, asexplained in the next question.

• If a negative decision has been given by theChicago Tribunal, the process ends at that pointunless either party makes an appeal to the Courtof Appeals.

18. HOW DOES THE APPEAL PROCESSWORK? CAN A CASE BE APPEALEDDIRECTLY TO ROME?

The Chicago Tribunal will notify the parties when adecision has been reached.If either party isaggrieved by the decision, he or she is asked tocontact the Judge in writing within three weeks toadd his/her “personal appeal”. The Judge will thenforward this request to the Court of Appeals. TheCourt of Appeals will then instruct the parties how toproceed. • After the Court of Appeals has concluded its

work, it will inform the Chicago Tribunal of itsdecision. Both parties will be informed of thisdecision.

• Generally, this Court of Appeals handles allappeals. However, a party may appeal directlyto the Roman Rota – the highest marriageTribunal of the Church – and the appeal isdecided by that Tribunal. The one who appealsto the Roman Rota must bear the costsassociated with the appeal.

19. WHAT MUST I DO IF I WANT TO APPEALTHE TRIBUNAL’S DECISION?

You may add your personal appeal to the automaticappeal that is required for each affirmative decision.To add your personal appeal you must do thefollowing:

• Notify the Judge in writing within three weeks ofreceiving notification of the decision that youwish to add your appeal.

• If you wish, you may read the decision at theTribunal office to understand better thereasoning upon which the decision is based.

• You must indicate what new grounds or newevidence you will bring forward for your appeal.

• Unless you indicate that you wish to appeal thecase to the Roman Rota, it is presumed thatyou wish the case to be heard by the localCourt of Appeals.

• You must assume any expenses associatedwith the appeal.

20. IF AN AFFIRMATIVE DECISION IS CONFIRMEDBY THE COURT OF APPEALS OR THEROMAN ROTA, ARE BOTH PARTIES FREE TOMARRY IN THE CATHOLIC CHURCH?

Yes. It means that the previous marriage is no longer anobstacle for either party to enter into a new marriage inthe Catholic Church.Since there is only one bond ofmarriage between the two parties, a declaration of nullityreleases both parties from that bond.• However, because of the trauma associated with

divorce, in some cases the Judge will recommendthat one or both parties engage in a program ofcounseling before attempting a new marriage.

• In other cases, the Court of Appeals may issue aprohibition, which requires consultation betweenthe priest, deacon or pastoral minister of the onewho wishes to enter a new marriage and arepresentative of the Tribunal at least four monthsbefore another marriage is scheduled to becelebrated in the Catholic Church.

• A prohibition is placed in those cases where thereis serious concern whether a person is currentlycapable of entering a valid union or has theproper attitudes toward the essential obligationsof marriage.

21. DOES THE CHICAGO TRIBUNAL EVER GIVE A NEGATIVE DECISION?

Yes. Church law presumes that all marriages properlycelebrated are valid. The petitioner must overturn thispresumption by offering convincing evidence to thecontrary. This proof must be based on something morethan just the opinion of one or both parties that themarriage in question was null.• If a negative decision is rendered by the Chicago

Tribunal, the case ends at that point unless oneof the parties wishes to appeal that negativedecision. Then the proper appeal procedure isfollowed as stated above.

22. ARE THERE DIFFERENT PROCEDURES THAT A TRIBUNAL USES IN DECIDING MARRIAGE CASES?

The procedure described above is what iscalled a “formal declaration of nullity case.”Depending on the facts and the circumstancesof each case there are other procedures thatcan be followed. If your case falls into one ofthese categories, the Tribunal will contact youafter it receives your application and will explainthe procedure in more detail. For example, ifone or both parties are not baptized, a casecould proceed as Privilege of the Faith case. Ifthere was some impediment present (e.g.blood relationship), the case could follow theDocumentary procedure.

OTHER FREQUENTLYASKED QUESTIONS

The following are some of the questions thatpetitioners and respondents often ask. They areplaced together here so that each party might havegreater insight into the concerns of the other.

23. HOW LONG DOES THE FORMALDECLARATION OF NULLITY PROCEDURETAKE?

It is not possible to specify how long the process willlast. Generally, a decision is reached within 9-12months of the Judge's acceptance of the case (see#11). Nevertheless, in no case can a favorabledecision or its date of issue be guaranteed.

24. CAN THE CHICAGO TRIBUNAL ACCEPTALL CASES?

There are some cases that the Chicago Tribunalcannot accept because of jurisdiction. Generally, theChicago Tribunal can accept cases if the marriagetook place within the Archdiocese or if either of theparties lives in the Archdiocese. You will be promptlyinformed if this affects your case.

25. DO BOTH PARTIES HAVE THE SAMERIGHTS?

Yes, both parties have the same rights. However,along with those rights are the obligations ofcooperating with the Marriage Tribunal. Some of thebasic rights are:• To know about the proceedings and proposed

grounds.• To be able to raise reasonable objections to the

proposed ground or suggest additional ordifferent grounds.

• To have an advocate appointed to assist him/her.• To be able to provide testimony and the names

of witnesses.• To have access to the testimony of the other

party.• To be personally involved in any appeal.

26. WHAT IF I DISAGREE WITH THE GROUNDS?

Either party has a right to object to the proposedgrounds and can make this known to the Judge.Either party can propose other grounds for the case.However, it is the Judge who ultimately sets thegrounds after weighing any objections.

27. WHY ARE CANONICAL GROUNDS FOR ADECLARATION OF NULLITY DIFFERENTFROM THE CIVIL GROUNDS WE USED FOROUR DIVORCE?

The law used in Tribunal proceedings is based onRoman Law and the Catholic Church’s theologicalunderstanding of marriage not English Common Law.The grounds for a declaration of nullity are basedeither on a person’s capacity to enter marriage orhis/her lack of proper intention at the time of marriage.They do not include common civil grounds, such asirreconcilable differences or no fault.

28. IF I WANT AN ADVOCATE TO ASSIST ME,CAN I HAVE ONE OF MY OWN CHOOSING?

You have a right to an Advocate from our Tribunal.This Advocate is familiar with canon law and ourTribunal proceedings in order to safeguard your rights.

29. WHY ARE THERE TIME LIMITS SET FOR THEVARIOUS STAGES OF THESE PROCEEDINGS?

• Like our civil law, a person has a right to have acase heard and concluded within a reasonabletime. There are mechanisms built into the law toavoid unfounded or frivolous delays.

• Your former spouse does have a right to presenthis/her side of the story. However, there arechecks and balances in the process that prevent aperson from unduly delaying the proceedings.

30. WHAT CAN I DO IF I DISAGREE WITH THETRIBUNAL’S DECISION?

As previously mentioned (question # 18), either partyhas a right to appeal the Judge’s decision. However,any appeal must be based on new testimony or newgrounds and not merely a restatement of what isalready in the case.

31. WILL A DECLARATION OF NULLITY CHANGEANY OF THE PROVISIONS IN OUR DIVORCEDECREE?

No. The Tribunal’s decision has no civil effectsbecause of the separation of Church and State in ourcountry.

32. HOW CAN THE CHURCH TRY TO “ANNUL” MY MARRIAGE? YOU CANNOT ERASESOMETHING THAT ACTUALLY HAPPENED?

Actually, the term “annulment” is used commonly butdoes not appear in the Code of Canon Law at all.The terms - null, nullity, declaration of nullity - arebeing used in a technical-legal sense, not accordingto the common understanding that we usually give tothese words.

• The Church cannot erase the fact that two peoplelived together for a certain amount of time or thata marriage produced children.

• A declaration of nullity states that despite the factthat two people went through all the formalities of marriage, it fell short of one or more of therequisites necessary for a valid marriage (see: Question #1).

• A declaration of nullity is a statement that amarriage is not valid based on the testimonyprovided and according to the norms of law.

33. WHY DO I HAVE TO GO THROUGH SUCH ALENGTHY AND COMPLICATED PROCESS?I AM A PERSON OF GOOD FAITH. WHYCAN’T THE CHURCH BELIEVE ME THAT MYMARRIAGE WAS A MISTAKE? IT WASEVIDENT THAT THERE WERE PROBLEMSIN MY MARRIAGE.

Many marriages have problems. Yet, the couplesoften learn to work them out and move past them.When a marriage ends in divorce, it is important tolook at why that happened. When couples marry,they vow that they are making an informed decisionto wed and that they are fully committingthemselves to this unbreakable covenant. In thisprocess, at least one of the parties is now making aclaim that this was not so.• Whether the marital covenant is binding or not,

is not just a matter of opinion, but must beproven by facts. The burden of proof rests onthe party who petitions the Tribunal.

• A church declaration of nullity is saying morethan a marriage was just a mistake. It is sayingthat something essential to this covenant wasmissing.

• A petitioner is asking the Church to clarifyhis/her status in the Church – Is he/she boundto this marriage, or not? A decision cannot bemade unless all the facts are presented andevaluated. Again, the validity or invalidity of amarriage does not rest on the opinion of one orthe other of the parties.

• Usually both persons of a marriage are peopleof good faith, but each may have a differentopinion about whether the marriage was amistake or not.

34. THE RELATIONSHIP BETWEEN MY FORMERSPOUSE AND MYSELF IS LESS THANCORDIAL BECAUSE OF PAST EVENTS.CAN’T WE JUST SKIP LETTING HIM/HERKNOW ABOUT THIS? IF HE/SHE MUST BEINVOLVED, WILL YOU KEEP MYWHEREABOUTS A SECRET?

• Despite what may have happened in the past,your former spouse does have a right to knowabout these proceedings.

• However, you will never have to meet or havecontact with your former spouse at the Tribunal.

• The Tribunal will not divulge your whereaboutsto your former spouse. That information isconfidential.

35. WHY IS THE CHURCH REWARDING MYFORMER SPOUSE WITH AN ANNULMENT?AFTER ALL, HE/SHE WAS RESPONSIBLEFOR THE BREAKUP OF OUR MARRIAGE.

A declaration of nullity is not some sort of reward. Itis a statement that a marriage was so badly flawedthat it could not be considered valid according toCatholic teaching. If anything, it is a sad statementabout marital failure.

36. WHAT HAPPENS IF A FORMER SPOUSECHOOSES NOT TO PARTICIPATE IN THESEPROCEEDINGS?

Each party has the right to participate in theproceedings. However, if the respondent choosesnot to participate in the proceedings:• The case will still move forward.• The respondent will be kept informed of each

step of the proceedings.• A decision will be made based on the testimony

at hand.

37. WHAT IF A FORMER SPOUSE DOES NOTWANT A DECLARATION OF NULLITY?

Either party to a marriage has a right to ask aTribunal to investigate his/her marriage despite theobjections of the other party. The party who objectsto a possible grant of nullity has the right to argueagainst it. However, the annulment proceedings

cannot be stopped merely because one of theparties does not want a possible declaration ofnullity.

38. IS THE TRIBUNAL TRYING TO SHOW/PROVETHAT ONE OF US IS AT FAULT FOR THEMARITAL FAILURE?

No. Neither party to a marriage is “on trial” in theseproceedings. The question before the Court is: Wasthe bond of marriage binding, or not? Since theChurch presumes that a marriage is valid andbinding, it is the petitioner who must presentsufficient evidence to overturn this presumption.

39. ISN’T MARRIAGE A PRIVATE AFFAIRBETWEEN THE SPOUSES? SHOULDN’T THESPOUSES BE THE ONES TO DECIDE IF THEMARRIAGE WAS VALID OR NOT?

Contrary to a popular notion, marriage is not aprivate event. It has social ramifications. It iscontracted in a public forum in which two peoplepromise certain things to each other. Certainreligious and civil responsibilities arise from thatpublic commitment.

40. CAN A DIVORCED PERSON RECEIVE THESACRAMENTS? I HAVE BEEN TOLD THAT IAM EXCOMMUNICATED.

There is a great deal of misinformation circulatingabout this. A divorced person is not excommunicatedand a divorced person may receive the sacramentsof the Church, including Christian burial. However,there is a problem when a divorced person enters asecond marriage without a declaration of nullity.Essentially, that person is now living in a relationshipthat is not recognized by the Church.

41. I JUST CAN’T IMAGINE THAT JESUSDEMANDS SUCH AN INVOLVED PROCESS.IT IS NOT FOUND IN THE BIBLE, SO WHYCAN’T THE CHURCH JUST LET ME GET ONWITH MY LIFE?

Since Jesus’ time, believers have tried to put Histeaching into practical terms. Jesus, in His teaching,

did not always provide a blueprint to do this. TheChurch has sought throughout the centuries toimplement His teaching. Jesus had a high regardfor marriage and taught that divorce was notacceptable. Since marriage is a serious matter, athorough procedure is needed to determine whethera particular marriage is valid or not.

42. A FRIEND OF MINE TOLD ME THAT THIS ISJUST A MONEYMAKING VENTURE OF THECHURCH. HOW MUCH DOES THE CHURCHMAKE ON THESE DECLARATIONS OFNULLITY?

Your friend is misinformed. Recent statistics showthat Tribunals in the United States overall were “inthe red” more than $3 million per year.

43. WHY IS THERE A FEE FOR THE CASE ANDWHAT IS IT?

A fee is assessed to defray a part of the Tribunalexpenses, such as salaries, office and utilityexpenses and postage.

• The one who petitions for a declaration of nullityis responsible for the fee.

• However, no one will be denied the service ofthe Tribunal because of an inability to pay thefee. Nevertheless, the principles of goodstewardship require that the Tribunal evaluaterequests for a reduction of a fee.

• In reality, the fee only covers one-half of thetotal cost of a case. The remaining half is paidby the Archdiocese.

• The fee schedule is contained in the back ofthis booklet. It is a fee for the Tribunalexpenses and is not a donation or a fee for afavorable decision.

44. WHY CAN’T I SET A DATE FOR A FUTUREWEDDING BEFORE A CASE ISCOMPLETED?

• First, a Tribunal cannot guarantee that a casewill be completed within a certain timeframe.

• Second, one can never be sure that a favorabledecision will be rendered in a case.

• Third, depending on the circumstances of aparticular case, the person may be required toseek counseling or spiritual direction before afuture marriage in the Catholic Church.

• At times some engaged couples wereembarrassed because they set a date for awedding, but the case was not finished whenexpected or a negative decision was given or acounseling requirement had to be fulfilledbefore a wedding. For the pastoral welfare ofcouples, a future wedding date may not bescheduled until a case is completed, that is,until a second affirmative decision has beenrendered by the Court of Appeals.

45. IF I WANT ANY MORE INFORMATION,WHERE CAN I FIND IT?

You may access the Archdiocesan website:www.archchicago.org (go to the listing for“Departments” and click on “Tribunal”) or call theTribunal weekdays between the hours of 9:30 A.M.and 4:00 P.M. at 312-435-8280.

In addition, the Family Ministries Department of theArchdiocese of Chicago provides informationregarding annulment assistance(www.familyministries.org).