Frequently Asked Questions

The Catholic Church teaches that the covenant of marriage is a lifelong and exclusive partnership of a man and a woman. Marriage is a holy vocation or calling that by its very nature promotes the good of both spouses and is open to the procreation and education of children. Christ has raised marriage between two baptized persons to the level of a sacrament. Marriage comes into being by the free and unimpeded act of giving marital consent by both spouses. Church law presumes all marriages valid and thus indissoluble as long as both parties remain alive and were free to marry at the time consent was expressed in a lawful manner. While the state permits divorce as a means to end a legally contracted marriage, the Catholic Church holds that the marriage vows, by their very nature, cannot be dissolved by any civil power. Thus the marriage bond remains in place until it can be established that valid marital consent was not exchanged.

A declaration of invalidity by a tribunal of the Catholic Church is a pronouncement based on Catholic Church law and Catholic doctrine that the act of consent of a particular man and woman was lacking in qualities essential for a true and valid marriage to come into existence. To make such a pronouncement, Church law is applied to the facts surrounding the marriage in question. After both parties are heard, witnesses have testified, and the defender of the bond has offered comments, the decision is made by a panel of three judges or in some cases a single judge. If the decision is reached that the act of consent in question was lacking or defective in some essential way, the tribunal acknowledges that fact by issuing a declaration of invalidity.
 

People rarely enter marriage with any intention to divorce. Rather, they find that the living out of marriage is radically different than what they had anticipated. When a couple marries, each party must adequately understand the essential obligations of marriage and have the maturity to assume those obligations. If the lived experience of the marriage was so deficient that it did not correspond to the commitments made on the wedding day, and this is clearly proven to the tribunal, the Catholic Church declares that marriage to be invalid. An ecclesiastical declaration of invalidity has no civil effects whatsoever.

A declaration of invalidity permits both parties to prepare to marry in the Catholic Church. No civil effects are connected to a declaration of invalidity issued by a Catholic Church tribunal. Children born of a marriage that is later declared invalid are considered legitimate civilly and canonically. Civil matters regarding child custody, child support and alimony, as well as the divorce itself, must be resolved before the petition for invalidity is submitted to the Church tribunal.

Catholics who are divorced but have not unlawfully entered another marriage are encouraged to practice their faith fully, including participation in the sacraments. Divorced Catholics who have not remarried outside the Church are full members of the Church with the same rights as those of any other Catholic. Catholics who are divorced and have remarried without a declaration of invalidity of their previous marriage are not free to receive the sacraments but are encouraged to practice their faith within the context of a Catholic faith community to the extent that they are able.

Yes. If a marriage is considered to be valid in civil law, no matter where the wedding was held, the Catholic Church also considers the marriage valid until proven otherwise. This holds true for Catholics and non-Catholics alike.

Yes. If a marriage is considered to be valid in civil law, no matter where the wedding was held, the Catholic Church also considers the marriage valid until proven otherwise. This holds true for Catholics and non-Catholics alike.

When a marriage is declared invalid and the decision is confirmed by the appellate court/tribunal, and if there are no restrictions attached to it, the usual procedure of preparing for marriage in the Catholic Church may be started with the local parish priest or pastoral minister. No plans for future marriages should be made before that time.

As indicated in previous sections, there are no civil effects to a Catholic Church declaration of invalidity in the United States. It does not affect, in any manner, the legitimacy of children. It cannot be used to question a child's paternity. It cannot be used to influence a civil court to set or change the terms of a civil divorce, child custody, support or property settlement. Catholic Church law has always protected the legitimacy of children because they were born into a presumed valid marital relationship.

Contact your local parish priest, deacon, or tribunal aide to start the process. The parishes have the forms and your priest, deacon or tribunal aide must be actively involved in the process with you. They will submit the petition to the tribunal.

The Tribunal of Stockton assists the Bishop of Stockton in accord with Catholic Church law in carrying out his responsibility as the shepherd of the local Catholic community. Overseeing the ministry of the tribunal is a priest appointed by the bishop to be his judicial vicar. Qualified lay persons and clerics trained in Church law are appointed by the bishop to serve on the tribunal. Individuals with a degree in canon law serve as judges who decide each case after evaluating the merits of the petition for a declaration of invalidity, and defenders of the bond whose responsibility is to safeguard the presumed validity of each marriage examined. Various other court officials contribute to the process at appropriate times.

A Tribunal Aide assists the pastor, the parish community, and the tribunal in the ministry of reconciliation and healing for persons who have experienced the pain of a failed marriage. Tribunal Aides offer the particular service of assisting the local pastor’s ministry by aiding petitioners in the initial steps of a marriage "annulment" process and by accompanying them in a non-judgmental and compassionate way.

The marriage tribunal is subsidized by the faithful of the Diocese of Stockton. The tribunal is staffed by both professional and support personnel who are committed to  investigating formal declarations of invalidity. To help lower the amount of the subsidy, court costs are assessed in order to pay for the operation of the tribunal office (c. 1649). As a matter of fairness, fully in keeping with canon law, it is only fair and right that those persons benefiting from tribunal services should be asked to make a contribution toward tribunal expenses. In actuality, such payments collected from petitioners only cover a fraction of what it costs to process the case. As for the outcome of a case, it is in no way helped or hindered by the petitioner's ability or inability to pay. Lastly, with respect to the outcome, if a respondent decides to appeal an affirmative decision, the financial responsibility for processing the appeal will be the respondent’s.

A non-refundable filing-fee of $100 is required with the submission of all cases. There are also additional fees for processing most cases. A payment plan for the remaining fee can be arranged by the petitioner once the case is accepted. These fees for cases are as follows, which include the $100 filing fee:

Formal Petition - $800
Lack of Canonical Form  - $100
Ligamen (Prior Bond)  - $300
Defect of Canonical Form  - $300
Pauline Privilege  - $500
Favor of the Faith (Petrine Privilege)  - $800; Plus fee charged by Rome
Ratified Non Consummation  - $500; Plus fee charged by Rome
Ordinary Exam at the Court of Second Instance  - $100
Appeal to the Rota - $200, Administrative Fee; Plus fee charged by Rome
Status of Documents (International shipping fee when sending outside of USA) - $100

In some cases the judge may ask a petitioner to cover certain extraordinary expenses such as consultation with a professional expert. In those instances an effort will be made to accommodate the financial circumstance of the petitioner.

The completed statement of the petitioning spouse (the libellus) is submitted to the tribunal by the petitioner’s parish. Correspondence will follow from the tribunal to the respondent in which he or she will be asked to answer a series of questions. Witnesses are contacted and asked to respond to questions sent to them in the form of a questionnaire. The petitioner and the respondent are informed of each phase of the case. Once the information needed has been gathered, the parties and their advocates/procurators have the right to review the materials at the tribunal office. The defender of the bond then studies the case and offers to the assigned judge(s) observations as to the merit of the case. The judge(s) evaluate the case and pronounce the decision. Both parties and their advocates/procurators have the right to read the decision of the judge(s) at the tribunal office.

Due to a variety of factors it is impossible to predict the length of time for processing a petition. No two cases are the same. One case may be completed in several months. Another may take a year or longer. Generally, cases can be completed within 14-18 months.

All material gathered by the tribunal is treated confidentially as required by Catholic Church law. Only those who have a right to the information are permitted to read it (the parties, their procurators, and tribunal officials and staff). You have the right to respond to the allegations of your former spouse, just as your former spouse has a right to review statements which you have made as part of this investigation. All officials of the tribunal, including office staff, are bound by oath to keep all information confidential.

The person petitioning the tribunal for a Declaration of Invalidity.

Term used to identify the other party in the process; the individual responding to the petition.

Yes. At the time the petitioner is notified that the case has been accepted, the tribunal must notify the former spouse (the respondent) and offer (him or her) the opportunity to participate.

Church law requires that the former spouse be contacted. However, if the former spouse's address is unknown, it must be established that the petitioner has used reasonable means to ascertain his or her specific place of residence. The use of the internet to try to obtain information about a former spouse is a valuable resource. Proof must be submitted to the tribunal that a reasonable effort has been made to ascertain the address.

The responsibility of the tribunal is to inform the former spouse of his or her rights in a marriage nullity case. The choice to exercise those rights or not belongs with the person. In requesting a declaration of nullity, the petitioner has asked the Church a question: Is my marriage considered valid by the Catholic Church. The Church therefore is obliged to give the person an answer. The tribunal attempts to gather as much information as possible in order to give an answer that is as well informed as possible. But if information is not available to the tribunal, it still must give the petitioner an answer. Therefore, if the other party chooses not to exercise his or her rights in the case, the tribunal will proceed with the case nonetheless. Lack of cooperation by the other party is unfortunate, since it deprives the tribunal of valuable information. But the tribunal cannot force people to testify against their will, and must reach a decision based upon the information it has been able to collect.

Names of individuals submitted by the petitioner and/or respondent who may be able to offer insights into a given marriage. Witnesses are often parents, relatives, or close friends of the couple. Witnesses are asked questions regarding the elements that should be present in any marriage as determined by the Catholic Church.

Catholic Church law recognizes your right to make a statement regarding your former marriage and your right to introduce witnesses. You are allowed a reasonable amount of time to make your statement to the tribunal.

When the information gathering phase of the process is completed, the parties and their procurators are informed and given a two week period in which they have the right to review the evidence and offer additional data and/or observations regarding the case. The case is then forwarded to the defender of the bond who is required to argue for the validity of the marriage, if appropriate, and to guarantee the rights of both parties and the Church. The judge, or panel of three judges, to whom the case has been assigned will render the decision after a thorough study of all the material. A decision may be affirmative or negative. An affirmative decision means that the marriage has been declared invalid. A negative decision means that the invalidity of the marriage has not been established; therefore, the marriage is still binding in the eyes of the Catholic Church.

Counselors or other professionals with whom one or both of the parties of a marriage consulted. Counseling and professional records are not requested without a release of information form signed by the party(s) involved. Professional records are kept confidential.

Catholic Church law recognizes the right to appeal. The petitioner has the right to appeal a negative decision. You, as the respondent, as well as the Defender of the Bond, have the right to appeal an affirmative or negative decision. All appeals are heard by the proper court of second instance for Stockton, in San Francisco. An appeal may also be made to the Apostolic Tribunal of the Roman Rota.
 

• How Can A Marriage Be Declared Null
• http://www.usccb.org/laity/marriage/index.shtml
• Annulment: The Wedding That Was: How the Church Can Declare a Marriage Null by Michael Smith Foster
• Annulments And The Catholic Church: Straight Answers To Tough Questions by  Edward N. Peters
• Annulment: 100 Questions and Answers for Catholics by Pete Vere and Jacqui Rap
• Catechism of the Catholic Church English translation. U.S. Catholic Conference - Libreria Editrice Vaticana, 1994, especially nn. 1601-1606, The Sacrament of Matrimony