Holy Family Church Annulments

Advocacy for Degree of Nullity of Marriage

Divorce happens. Most couples marry with the intention of being married forever, and are shocked when the marriage doesn't work out. If they are Catholic, they may also feel guilty, and feel like failures. And they wonder if they can still be Catholic; if they can receive the sacraments. Yes, you can still be Catholic, and can still receive the sacraments if you are divorced.

However, if one of the parties wants to marry again, he or she needs to request that the Tribunal Office of their diocese investigate their previous marriage, and see if they can receive a "declaration of nullity" -- commonly called an annulment. Sometimes this document is also referred to as a "declaration of liberty" to marry.

When someone applies to the Tribunal Office for an annulment, he or she will need to show that the previous marriage bond was ineffective. The Tribunal Office provides Annulment Advocates to help you through the process. The annulment advocate, by listening to your story, will help you reflect on your past marriage, and let you know if you have grounds for a "declaration of nullity". If you have grounds, the advocate will then help you submit your petition to the Tribunal.

You will need a few documents to petition for an annulment.

A recent-dated copy of your baptism certificate
Marriage Certificate from the County
Final divorce decree

You will also need witnesses, usually four (4), who can testify about the marriage in question. A major part of the process will be the testimony: telling the story of the previous attempted marriage in such a way that the Tribunal judges can understand why you believe that the consent for the previous marriage bond was ineffective.

It is not so much that the Tribunal judges declare a marriage null, as that the judges agree with the petitioner that there was something wrong with the previous marriage bond, due most likely to ineffective consent. The judge will decide that the petitioner is not bound by that marriage, and therefore the marriage bond is not an impediment to a new marriage.

The above is a simplified explanation of annulments, and does not attempt to cover everything about annulments. Canon law has a lot more to say about the matter.

Please know that receiving an annulment, or a "declaration of nullity", does not mean you never had a marriage, and does not mean that children from that marriage become illegitimate.

Note, if you are a Catholic, and you married outside the Catholic Church, you do not need to go through the long formal procedure mentioned above. Instead you need only to prove that your marriage was not validly celebrated in the Catholic Church to receive an annulment. This process is called a "Lack of Form."

However, if you are not a Catholic, and have been married before, are divorced, and now want to marry a Catholic, you will need to obtain a "declaration of nullity" in order to marry the Catholic party in the Catholic Church. You will most likely need to go through the longer, formal process. The Church recognizes your previous marriage as valid, unless proven otherwise. The reason is simple. As a person who is not Catholic, you did not need to follow the Catholic rules of marriage.

Please contact Damian Bastasini, Pat Ibach, or Betsy Staal at the Parish Office for more information about the process.