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Diocesan Administration: Diocesan TribunalINTRODUCTION "I earnestly call upon pastors and the whole community of the faithful to help the divorced, and with solicitous care to make sure that they do not consider themselves as separated from the Church, for as baptized persons they can, and indeed must, share in her life. They should be encouraged to listen to the word of God, to attend the sacrifice of the Mass, to persevere in prayer, to contribute to works of charity and to community efforts in favor of justice, to bring up their children in the Christian faith, to cultivate the spirit and practice of penance and thus implore, day by day, God's grace. Let the Church pray for them, encourage them and show herself a merciful mother, and thus sustain them in faith and hope." (Pope John Paul II, The Christian Family in the Modern World, no. 84) With these words, the Holy Father reminds the whole Church that we are called to walk together in understanding, compassion and support with all our brothers and sisters who have experienced the tragedy of marital separation and divorce. Nothing can ever prepare a person for the pain of divorce. No one grows up planning that divorce will happen. Although the legal decree of divorce can be pinpointed to a particular court and an exact moment in time, the experience of divorce is all-encompassing. We hope to reflect the healing love of Christ to all who have known the pain of divorce. We seek to encourage and support all who have suffered. We seek to reconcile those who have been estranged from the Church. We want to draw into full communion those who have been alienated from the Church because of a invalid marriage. The Tribunal is primarily a part of the Church's judicial system. We remain faithful to the Gospel and to the Church's teaching regarding the indissoluble permanence of a validly contracted marriage. We must observe and apply the procedural laws of our Catholic Church. Through fidelity to this difficult task we maintain fidelity to Christ. At the same time we carry out this mission with a deep concern for each person who has suffered shock, anger, guilt and the many painful experiences of a broken marriage. In our work we strive to reflect the Church's pastoral concern for each person and to offer the hope and the comfort which Christ alone can give.
Genesis 2:23-24 "The man exclaimed, 'This at last is bone from my bones, and flesh from my flesh. This is to be called woman, for this was taken from man.' This is why a man leaves his father and mother and joins himself to his wife, and they become one body." In the prophetic books of Hosea, Jeremiah and Ezekiel, marriage serves as a prophetic symbol proclaiming and realizing in representation the covenant relationship between God and Israel. Marriage is not only the loving communion of a man and a woman but a prophetic symbol proclaiming and making real in representative image the steadfast love of God for His People, Israel. In this permanent, covenant relationship, God is always faithful. Mark 10:1-9 God's purpose in creation was for the man and woman to become one flesh. Human beings should not separate what God has joined. I Corinthians 7: Paul responds here to questions regarding marriage. He emphasizes mutuality and conjugal rights between husbands and wives. The couple's commitment to each other does not compete with their commitment to Christ; rather, marriage is a way of fulfilling their Christian calling. Ephesians 5: 25, 28, 30, 32 "Husbands should love their wives just as Christ loved the Church and sacrificed himself for her... In the same way, husbands must love their own wives as they love their own bodies. ...that is the way Christ treats the Church because it is his body and we are its living parts. ...this is a great mystery: I am saying it applies to Christ and the Church."
The Council Fathers at Vatican II described the Church's teaching on marriage in this way: "The well-being of the individual person as well as of human and Christian society is closely related to the continuing prosperity of the conjugal and family community. God the Creator has established that intimate partnership called married life and love and has qualified it with special laws. This partnership is rooted in a conjugal covenant of irrevocable personal consent. Hence, by that human act whereby spouses mutually give and accept each other, there arises a relationship which by divine design and in the eyes of society itself is a lasting one." "God is the author of marriage, endowed as it is with various benefits and purposes. All those benefits and purposes have a decisive bearing upon the continuation of the human race, upon the personal development and eternal destiny of the individual family members, and upon the dignity, stability, peace, and prosperity of the family itself and of human society as a whole. Conjugal love and the marital relationship have a natural connection with the procreation and the nurturing of children. And in children, conjugal love and the marital relationship reach, as it were, their high-point. Thus a man and a woman who through the conjugal covenant 'are no longer two, but one flesh' offer each other mutual assistance and service through an intimate joining together of their persons and their activities; and in doing so they experience a sense of their unity and more fully tend toward that unity day by day. Insofar as this intimate union is the mutual gift of two persons to each other, that union and the good of the children demand the spouses' complete faithfulness and indissoluble unity." (Vatican II, Pastoral Constitution on the Church in the Modern World, paragraphs 47 and 48, December 7, 1965)
CANON 1055:
CANON 1056: CANON 1057:
CANON 1060: CANON 1134: CANON 1135: CANON 1136:
It is impossible to understand the concept of marital invalidity unless the Church's teaching on marriage is correctly understood. In Christian marriage, the partners mutually give and accept each other in a union which by its very nature must be permanent, faithful and fruitful. This union mirrors the total, self-giving love of Christ for His Body, the Church. For the baptized, this "intimate partnership of life and love" has been raised by Christ to the dignity of a sacrament. Through the ages, the Church has exercised an active custody over the seven sacraments, determining what is necessary for their lawful and valid celebration.
According to the teachings and laws of the Catholic Church, there are a variety of factors that could render a marriage invalid. In some instances, the canonical form of marriage was lacking. Sometimes, the person lacked the freedom to marry, for example people who are bound to a previous, valid union, those who are underage, or those who are close blood relatives. These conditions are called "impediments", since they impede the person's freedom to marry in the Church. At other times, it is the person's actual consent to marriage which is called into question. Cases in which it is alleged that the consent exchanged between the parties was invalid require a formal, judicial procedure. These are the true, formal annulment cases.
The consent exchanged by the couple makes the marriage. In order then, for the Church to declare that a particular marriage was invalid from its outset, it must be proven that some element essential for valid consent was missing. Canonically, consent must be understood in three stages: the whole decision-making process prior to the wedding, the actual exchange of vows at the time of the wedding and the capacity to assume the duties of marriage during their common life. In order to make its decision about the validity of the consent, the Tribunal requires a very thorough and comprehensive knowledge off the two individuals, their relationship, their marriage and their problems. Such cases require a significant period of time and follow a very precise, canonical process. An annulment, then, can be described as A FORMAL JUDGMENT BY A CHURCH COURT, THAT, ALTHOUGH THE MARRIAGE RITE WAS LAWFULLY CELEBRATED, THE CONSENT EXCHANGED BETWEEN THE PARTIES DID NOT GIVE RISE TO THE PERMANENT BOND OF MARRIAGE. Although the English word "annulment" is most commonly used to describe this process, it is not at all an accurate term. In the formal, judicial trial, the Tribunal is not canceling or wiping out anything. If the consent exchanged by the parties appears to be valid and if the permanent bond of marriage came into existence at the time of consent, that bond will endure until death of one of the parties. It is very important to bear in mind that, when the Tribunal declares a marriage "invalid", it does so according to the Catholic Church's understanding of marriage in its theology and law. The trial for marital invalidity does not impute guilt or seek to punish persons. Neither can the granting of a petition for invalidity ever be viewed as a "reward" or a "favor" to anyone. The trial always begins with the presumption that each union began in good faith with both parties intending their union to last their lifetime. It must also be kept in mind that, when the Tribunal in its decisions uses concepts such as "immaturity", "incompetence" and "due discretion", these are canonical categories and as such are not equivalent to the same terms as they are used in the human sciences or even in everyday language. An annulment is a purely spiritual matter regarding the canonical status of persons within the Catholic Church. A Petitioner must complete a "Preliminary Information" in order to introduce a case before the Tribunal. This form is available from a parish or directly from the Tribunal office. When this completed form is received at the Tribunal, the information is screened in order to determine that the case really requires a formal canonical process and that our Diocesan Tribunal is competent in Church Law to hear the case. The case is then docketed and a case file is established. A second information form is sent to the Petitioner. This "Background Information Form" is a comprehensive questionnaire regarding the two individuals and their married life. This form is to be completed and sent to the Tribunal office, along with the names of those individuals who will serve as witnesses in the case. As soon as the Tribunal is able, an Advocate is assigned to the Petitioner who will receive a letter to schedule an appointment for the formal interview at the Tribunal. The Formal Interview In order for us to gain a thorough understanding of the former marriage, the Petitioner must appear in person at the Tribunal for an interview. At that time testimony will be taken by an Advocate. This interview will be given under solemn oath and will be recorded. Later a verbatim transcript of the interview will be typed. Documents Needed The Petitioner must present certain documents at the time of the formal interview: A. a recent (dated within six months of the date of the interview)
copy of the Petitioner's B. a recent copy of the Respondent's BAPTISMAL CERTIFICATE, (if the Respondent is Catholic); C. A recent copy of the CERTIFICATE OF RECEPTION INTO FULL COMMUNION with the Catholic Church (if either party was baptized in another church and later entered into full communion with the Catholic church before or during the marriage); D. a copy of the MARRIAGE CERTIFICATE; E. a copy of the FINAL DECREE OF DIVORCE; F. a copy of the CERTIFICATE OF CONVALIDATION, if the marriage was originally celebrated outside the Catholic church and later validated in the Catholic church; G. a copy of the MARRIAGE CERTIFICATE for the civil or religious ceremony that took place prior to a convalidation described above in "F". These required documents will not be returned. Photocopies of the authentic documents are acceptable. The Respondent The Tribunal has a serious canonical obligation to contact the Respondent who must be informed that the investigation has been initiated and must be offered an opportunity to exercise all rights guaranteed in Church Law. The Petitioner is required to supply the Tribunal with the former spouse's current address. If that address is currently unknown, every reasonable effort must be made to obtain it. If the current address remains unknown, the Petitioner must describe in writing all attempts that were made to determine the Respondent's current residence. It is only by way of a serious exception to this procedural law that a case can proceed when a Respondent is unlocatable. The decision to proceed with the case or to abandon the petition will be made by the Judicial Vicar. The Petitioner is not personally involved in the Tribunal's contact with the former spouse. Shortly after the Petitioner's formal interview, the Tribunal will cite the Respondent by certified, return receipt mail and the Respondent will be allowed 30 working days to answer our citation.The Respondent may give testimony in person, in writing or in a taped phone interview. The Respondent also has the right to present witnesses. Witnesses "Witnesses" in a canonical trial are unlike witnesses in a civil courtroom who generally testify on behalf of one person and against another. Witnesses in a marriage nullity case are simply asked to describe the individuals and their relationship as they saw it. They are not asked to take sides or to lay blame on tither party. The testimony of knowledgeable witnesses constitutes an essential part of the evidence to prove the invalidity of your former marriage. After your formal interview, the Tribunal will mail questionnaires to those people whom you have designated as your witnesses. The best witnesses are usually close friends or relatives who can attest to the accuracy of your testimony and provide their own helpful insights. Individuals who knew both you and your former spouse throughout the courtship and marriage will provide the most substantial testimony. Only in very exceptional cases will the children of a marriage be accepted as witnesses. At least three witnesses must be presented in every case; you may wish to present more. Witnesses may also give their testimony by a taped phone interview or in person. Medical and / or Psychological Records In Some cases one or both parties to a marriage have received medial treatment or professional counseling for individual or marital problems. If the Tribunal determines that such information will be helpful, you will be asked to sign a "Release of Information" form which will allow the doctor or counselor to disclose your records to the Tribunal. Ratification If the Allentown Tribunal decides that the invalidity of your former marriage has been proven, the decision (Sentence) of the Judge(s) is forwarded to the Tribunal of the Archdiocese of Philadelphia for review and ratification. This is mandatory in every affirmative decision. If the three Judges and the Defender of the Bond of the Philadelphia Tribunal agree with the decision rendered by Allentown's Tribunal, they will issue a decree of ratification. We in turn will notify you that the annulment has been granted and ratified. Appeals The Court of Appeal for the Diocese of Allentown is the Metropolitan Tribunal of Philadelphia. Both the Petitioner and the Respondent have a right of appeal. If the Allentown Tribunal decides AGAINST granting the petition for invalidity, then the Petitioner can appeal this decision to the Philadelphia Tribunal. We will assist you in making this appeal. On the other hand, if the Allentown Tribunal grants the petition but the Respondent is opposed, he/she can appeal this decision to the Philadelphia Tribunal. We will assist the Respondent in making this appeal. Recommendations and Prohibitions In certain cases when an annulment is granted, the Judge finds it necessary to make a recommendation for counseling or to impose a prohibition on another marriage. These actions are taken for the good of individuals and to prevent the recurrence of similar problems in a future marriage. A Recommendation suggests that the person could profit from professional help and urges him/her to undergo some course of counseling. A Prohibition requires a person to undergo professional evaluation and is lifted only after the person has demonstrated sufficient growth. Both Recommendations and Prohibitions must be discussed with the priest who is preparing the party for any future marriage. In the case of a Prohibition, the Tribunal must be consulted.
The sensitive nature of the information gathered in this process demands a very high level of confidentiality. Information given to the Tribunal is accessible only to those who have a right to it in Church law. This information is never available for any civil proceedings. It may be disclosed only to duly authorized Tribunal officials and those who are duly appointed to assist those officials in the resolution of the case. The parties have the right to come to the Tribunal to inspect the Acts which are not known to them. In a particular case, the judge has the authority to limit the parties access to information. The parties advocates can review all the testimonies to be certain that the parties rights are observed. For serious reasons witnesses may ask that portions of their testimonies be known only to the officials of the Tribunal. The judge's determination granting or denying this request is final and may be challenged only by a higher church court in the established appellate process.
The Code of Canon Law requires that a case be completed within one year of its opening. The Tribunal attempts to keep within this assigned time frame. However, it is impossible to estimate the length of time required to process a given case. Each case is unique and there can be many variables in its progress. Due to the growing number of cases presented to the Tribunal and the possibility of certain delays in obtaining testimonies, records, etc., a time for completion cannot be specified. Therefore, the Tribunal will never be able to offer a date of completion.
In Church Law, a legally married person, even though civilly divorced, is presumed to be married and not free to prepare for another marriage unless a decree of invalidity has declared that the person is free for marriage. UNDER NO CIRCUMSTANCES CAN A DATE FOR A MARRIAGE BE ARRANGED BEFORE RECEIVING THE FINAL DECREE OF INVALIDITY FROM THE TRIBUNAL. No one may initiate plans for a new marriage until a decree of invalidity has been issued and any other requirements have been met. The Tribunal cannot be held responsible for promises or arbitrary guarantees made by anyone with regard to entering a new marriage.
In the United States, there are no civil effects whatsoever to a decree of invalidity granted by the Catholic Church. This means that issues such as the legitimacy of children, visitation rights, custody, names, and property rights are not affected in any way. Children who are born into a lawful marriage are legitimate and will always remain so. Remember that the formal, judicial process of invalidity is only used regarding marriages which the Church recognizes to be lawful - their lawfulness in the Church and in the state is never called into question. Since the legitimacy of children flows from the lawfulness of a marriage, a decree of nullity has absolutely no effect on legitimacy.
When you come to the Tribunal for your interview, you will sign a financial agreement which will help defray the cost involved in processing your case. The fee charged only covers less than half the daily operational expenses of our office. At the present time (Nov. 2004), those petitioning for a declaration of nullity are asked to pay $400.00 according to the following schedule: $75.00 - paid when submitting the form initiating the Annulment Process; $125.00 - the second payment to be made when you come to the Tribunal for your interview; $100.00 - to be paid within 45 days of your interview; $100.00 - to be paid within 30 days of the invoice which we will send when your case is ready for judgment. All checks/money orders should be made payable to "The Tribunal of the Diocese of Allentown." When a Petitioner has been involved in multiple marriages, each former marriage must be treated as an individual case and a separate fee is requested for each. No one in our Diocese will be denied the service of the Tribunal because of an inability to pay all or part of the fee. The Tribunal is always willing to accept a petition on behalf of anyone who is unable to meet the required fee. Depending upon the Petitioner's financial circumstances, it is possible to arrange a schedule of payment suited to the Petitioner's means, to reduce the fee or to absolve the fee entirely. Anyone wishing special financial assistance will be asked to complete certain forms which will require financial disclosure. These forms are made available at the time of the formal interview. The ability or inability to meet the Tribunal fee in no way affects the progress or outcome of a petition.
The Tribunal must protect privacy and the confidentiality of the information contained in each case. Therefore, all requests for reports on the progress or status of a case must be placed in writing and signed by the Petitioner. Information will generally not be given over the phone and no information will be given to third parties. In sending any correspondence to the Tribunal, be sure to indicate the name of the case which can be found in the upper left hand corner of all our letters to you.
The question is often asked, "Can I do anything to help my case move along." The answer is YES. Complete and prompt cooperation with all the requests made by the Tribunal will facilitate the progress of a petition. Petitioners should take great care to see that the initial questionnaires are completed as thoroughly as possible, that documents and testimonies are presented as requested, that scheduled appointments are kept, that witnesses respond with their testimonies as soon as possible and that a prompt reply is made to all requests from our office. The staff of the Diocesan Tribunal is available to assist you. You may contact us between 9:00 a.m. and 4:45 p.m. Monday through Friday at: THE TRIBUNAL Judicial Vicar
Copyright 2003 The Catholic Diocese
of Allentown |
THE CHURCH'S UNDERSTANDING OF MARRIAGE