Annulments




Taken from the Marriage Tribunal Pamphlet from the Diocese of Davenport:


"It is the traditional teaching of the Catholic Church that marriage is a sacred, lifetime covenant. The Church also recognizes that sometimes marriages are entered invalidly due to a defect so radical that the sacred covenant was never established, even though by outward appearances it seemed to be a marriage. After the civil dissolution of a marriage, if such a defect is proved, the Tribunal can declare that particular marriage invalid.

A declaration of invalidity has no civil effects. It does not make offspring "illegitimate", or affect any stipulation or assignment made by the civil courts.

An annulment is granted when invalidity of the marriage in question is proven to the moral certitude of the Judges. It is toward this end that we will undertake your case, provided, there is a canonical reason for pursuing the issue and this Tribunal has jurisdiction in your case.

The entire process leading to a declaration of invalidity is regulated by Catholic Church rules (Canon Law), which are universal and govern Tribunals in every country."


COMPETENCE

Your case must be presented to a trivunal which has juridical competence. Competence is based on:

  • the wedding in question occurring in this diocese

  • your former spouse residing in this diocese

  • you, yourself, intend to reside permanently in this diocese

  • you have lived in this diocese for 5 years

  • most of the witnesses live in this diocese.

    Note: If the Davenport Tribunal lacks jurisdiction to hear your case, they will put you in touch with a competent Tribunal.


    DOCUMENTS

    The following documents must be submitted with the Formal Petition:

  • an authentic copy of the marriage certificate

  • the divorce or dissolution decree

  • The baptismal certificate of each Catholic party.

    Note: Catholic Church documents are issued by the parish in which the sacraments occurred; civil documents are issued by the county court house where the marriage or divorce was recorded.


    THE RESPONDENT

    The respondent must be cited so that he/she might provide input. Even if you have not had contact with your former spouse for a long time, you must use every reasonable means to determine his/her correct location. However, there is no need for you to have direct contact with that party. He or she must be advised of his/her rights. The rights include:

  • receiving a copy of your Petition, which includes a brief history of your marriage, the reasons for the alleged invalidity and the names of the witnesses to be contacted

  • being given a chance to respond in writing to your Petition

  • being allowed to provide testimony and name additional witnesses

  • being advised of the Decision of the case

  • being allowed to appeal the Decision.


    THE WITNESSES

    Witnesses are those relatives, parents, and friends who are willing to present information known to them about you, your former spouse, and the marriage. The witnesses must be willing to testify and must not be coached in any way. Usually 3 or 4 witnesses are sufficient. They may ask that their testimony be kept confidential and the Davenport Tribunal will attempt to respect that request.

    Professional witnesses, such as counselors, psychologists, psychiatrists, and physicians who have counseled or treated you, your former spouse, or both, will require lawful submission of testimony. The Tribunal will assist you in arranging the proper consent as required by the counselor, doctor or agency.


    CONFIDENTIALITY

    Church law dictates that any testimony not protected by confidentiality is open to inspection by the Petitioner and the respondent just prior to the final Decision on the marriage case. Professional testimony is always confidential, to be seen only by the Tribunal. A witness' legitimate request for confidentiality on some issues will be honored.


    FEES

    Most of the cost is assumed by the Diocese of Davenport. The Tribunal assesses a fee of only $275, paid in installments over a year's time; but no Petitioner is ever denied a fair hearing because of an inability to pay this fee in full.


    THE LENGTH OF THE PROCESS

    The Tribunal is dedicated to dealing fairly with each case without undue delay. Currently, a case can usually be concluded within 15 months from the date of the acceptance of the case.


    If you are contemplating petitioning the Davenport Tribunal to explore the possibility of finding your former marriage null, contact Fr. Bill or either of St. Mary's deacons at 236-7486.

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