Diocese of Gary

Marriage Tribunal  

In a world where change is commonplace and commitment is short-lived, the Roman Catholic Church is the one consistent voice defending the permanence of the marriage bond. As Jesus taught, so the Church teaches: Marriage is forever.

What is divorce?
Divorce is unique among life experiences. There is no precedent that can prepare an individual for it. Divorce is a process, not an event. Legal divorce can be pinpointed to a moment in time, to the signing of a court decision, but not so the experience of divorce. The experience of divorce is the result of a series of incidents that eventually erode a relationship between a husband and a wife. The ending of any marriage that has endured long enough for the two partners to invest portions of their lives, money, emotions and dreams is often a devastating experience.

The Catholic Church is aware of the stress and pain involved with divorce. The Church addresses this issue to its ministry of the Tribunal, bearing in mind the needs of the divorced individual, while at the same time supporting the permanence of the sacramental union.

Many individuals who endure the experience of divorce are overwhelmed with a variety of emotions. It is not unusual to be angry. The divorced speak of a deep sense of failure and a loss of selfworth. Feelings of isolation and fear are also common.

The struggle back to wholeness is long and difficult. During the divorce and recovery, people find that their faith in God has grown. When they are the weakest and suffering the most, the healing power of Jesus is most clearly evident.

The Lord's presence is demonstrated when the divorced individual finds that he/she is able to love again. Love transforms the hurts of the past and enables the possibilities of the future. When the divorced individual finds another person that they trust enough to share their life with, they are quick to acknowledge God's participation.

This journey from despair to hope is often abruptly interrupted when confronted with the reality that a divorced Catholic is unable to validly marry in the Church, and if they marry outside the Church, they are unable to fully participate in the Roman Catholic Church because they are barred from receiving the sacraments.

Our Church is then faced with two equally important values. On one hand, the Church must defend the sacred permanency of a sacramental marriage. On the other hand, the Church is compelled to reach out to the pain and hurt of its divorced members who seek a second chance for a life-giving partnership in the institution of marriage. How can we resolve this conflict? Our traditional response has been to investigate each case for a possible declaration of nullity. 

What is a declaration of nullity (annulment)?
Although not every marriage is a sacrament, every marriage (Catholic, Protestant, Jewish, NonBeliever, etc.) is presumed to be a valid marriage. The good of all concerned (spouses, children, in-laws, society, the Church, etc.) demands this presumption.

This declaration by a competent Church Tribunal (Court) states that the essential conditions considered by the Catholic Church for a particular marriage did not exist at the time the man and woman entered into their marriage. Therefore, the annulment does not deny that a civil marital relationship existed, nor does it imply that the marriage relationship was entered with ill will or moral fault. It does mean that this marriage in the eyes of the Catholic Church between the two persons was deficient in some way and never was a true marriage.

What is the purpose of the Tribunal?
The Church Law calls for the existence of a Tribunal in every Diocese of the world. The Tribunal of the Catholic Church of Gary is under the direction of the Bishop of Gary and is supervised by his delegates. The staff, of specially trained and experienced priests, religious, and lay persons, offers assistance to persons who request that the Church study a marriage in order to determine whether or not there is any possibility of a declaration of nullity.

What is the investigation of a marriage?
The investigation or study of a marriage determines whether or not there is a ground acceptable in Church Law that would invalidate a marriage and whether or not this particular ground can be proved "beyond a reasonable doubt" to have actually existed at the time of the marriage. 

Who may apply for formal declaration of nullity?
Everyone has the right to apply for an investigation of his or her own former marriage. This application must be made to a Tribunal which has proper jurisdiction, i.e., the Tribunal in the Diocese where the marriage in question took place, or in the Diocese where either of the two parties currently lives.

Does a formal declaration of nullity affect the legitimacy of children?
Many people misunderstand the question of children. A declaration of nullity has no civil effects whatsoever. A child's legitimacy, child support, and property settlement are all questions of civil law, not ecclesiastical law. A declaration of nullity will not affect the legitimacy of any children who may have been born of the union.

Does a formal declaration of nullity have any effect under civil law?
In the United States, Church annulments have no civil effects. Therefore, a civil divorce must be obtained before one may petition the Church for a declaration of nullity.

Is testimony kept in confidence?
Due to the nature of the information, every effort is made to preserve confidentiality, and it is the policy of the Tribunal to disclose this information only to those persons who are duly authorized by the Roman Catholic Church Law. BECAUSE OF THIS CONFIDENTIALITY, ALL INQUIRIES, ETC., MUST BE HANDLED BY MAIL, AND NOT BY TELEPHONE.

How is a formal declaration of nullity procedure started?
A Plaintiff for a Church declaration of nullity should contact the Tribunal of the Diocese of Gary, (219) 769-9292, to begin the investigation. 

Why are witnesses required?
Church Law requires that the testimony of the Plaintiff must be supported. The number of witnesses, usually six, will depend on the nature of the case and the knowledgeability of the witnesses. They do not need to be experts, but simply people who knew the partners in the marriage well. Anyone, including family, relatives, and friends who knew the Plaintiff and/or the former spouse well can act as a witness. Ordinarily, children of the parties are not to be included as witnesses. The Tribunal will send each witness a questionnaire.

What about special witnesses?
Sometimes, doctors, psychiatrists, psychologists, professional counselors, priests, ministers, rabbis have been consulted before or during the marriage in order to assist a person or a couple. If this be true, the complete name(s) and address(s) of the professional(s) should be provided and a professional release form will be sent to the party involved, for his/her signature.

In some cases, it is necessary for the Court to utilize the services of an expert who is a psychologist or a psychiatrist. Such professionals can provide information to the Tribunal that may be of great value in the study of the marriage. 

Will the former spouse be contacted?
In accord with Church Law, the Tribunal must inform the former spouse that the investigation has been initiated, and offer him or her the opportunity to participate, and to name his/her own witnesses. In those cases where contacting the former spouse risks the emotional or physical well being of our client, exceptions to this rule are possible. The lack of cooperation of one's former spouse does not stop the investigation from taking place. 

What if the address of the former spouse is unknown?
If the former spouse's address is unknown, the Gary Tribunal will follow another legal procedure in this case. It is important, however, that every reasonable effort should be made to obtain the address of the former spouse. If this is not available, then the Tribunal requests his/her last known address together with the address of a family member through whom he/she can be contacted.

Who decides if a declaration of nullity should be granted?
The Presiding Judge writes the Plaintiff and the Respondent (former spouse), giving his name and that of the Church Notary and the Defender of the Marriage Bond. The Presiding Judge then asks the Plaintiff and the Respondent to complete a questionnaire. After all of the evidence has been gathered, the Defender of the Marriage Bond offers his views on the case. After a review of all of the material, the Tribunal of Gary will render a decision. According to Church Law, all affirmative decisions must be reviewed by a Court of Appeal. Decisions rendered by the Gary Tribunal are reviewed by the Court of Appeal of the Archdiocese of Indianapolis.

What are court costs?
The Marriage Tribunal is subsidized by the faithful of the Diocese of Gary. To help defray the expenses incurred by the Gary Tribunal and at the Court of Appeal, the Plaintiff is asked to make an offering of $400.00 which represents approximately 20% of our actual cost. (An additional fee is requested should the services of a court expert be employed.) Payment is divided into a series of installments to minimize the impact of the fee.

UNDER NO CIRCUMSTANCES WILL AN ANNULMENT BE DENIED BECAUSE A PERSON CANNOT MEET THE EXPENSES INCURRED BY THE TRIBUNAL IN A GIVEN CASE. 

Are there any further requirements following an affirmative decision before a marriage can be celebrated in the Church?
In informing both parties of an affirmative decision, the Judges may find it necessary to make a recommendation for counseling or to place some restrictions on future marriages.

A recommendation is based on the hope that the person will pursue adequate counseling for the well-being of all parties concerned in a subsequent marital relationship. A restriction is given in most cases when there is serious doubt that a person is currently capable of entering into a binding union. This restriction requires consultation with the Tribunal before another marriage can be celebrated in the Church.

When can a date be set to marry in the Church?
NO parish priest is free to set a date for a subsequent wedding or validation in the Church until the parties concerned receive the notification of an affirmative decision and have completed all the requirements for entering into a new marriage. Consequently, the Plaintiff is NOT to make any arrangements for the wedding until the decree of nullity is received.

How long a period of time does the entire process take?
It is impossible to predict the length of time because of a number of variable factors. No two cases are the same. The Tribunal will process every case as efficiently as possible.

Experience has taught the Tribunal that the major delays in declaration of nullity cases are the length of time it takes to gather the testimony of the witnesses. Hence, there is the need for the witnesses to respond promptly.

LETTER TO TRIBUNAL APPLICANTS

In order for us to begin an investigation of the possible religious invalidity of your previous marriage, we ask you to do a number of things. We ask that you obtain the required documents, and that you complete the enclosed application and the enclosed questionnaire.

A declaration of invalidity by the Catholic Church does not deny that a marital relationship existed, nor does it imply that the relationship was entered into with ill will or moral fault. Rather it is a statement by the Catholic Church that the relationship lacked, at least, one of the elements considered to be essential for a binding sacramental union. Obviously, this declaration has no civil or legal effects in the U.S.A. It also does not have any bearing on any civil divorce proceedings, nor does it make any statement whatsoever about the legitimacy of any children born of that union. A declaration of invalidity means only that a previous marriage is not an obstacle to either party marrying again in a Catholic Church ceremony.

The focus of our investigation is on the consent exchanged on the day that the marriage took place. We are most concerned with the freedom of you and of your former spouse at that time. Other factors to consider are intentions regarding permanency, fidelity, and openness to children. Any of these, or any psychological factors, such as, maturity of judgment, could affect the ability of one or both of you to have formed the type of stable, permanent relationship which the Church associates with a matrimonial covenant. (In the application on page 8, you are asked to state briefly the reasons that you think your marriage should receive a declaration of invalidity. Then please re-read this paragraph and indicate any of the above mentioned factors that pertain to your consent or to that of your former spouse at the time of the wedding.)

It is important that you make a serious effort to provide all the information requested. Everything for or about which we ask is pertinent and important. We also need to know the whereabouts of your former spouse. If there is some reason that you cannot provide that, please do more than just leave the space blank. Please explain the reason why you are unable to provide that information. (We respect court orders, or injunctions, that pertain to an ex-spouse.) Still, justice demands that we inform the ex-spouse that the process of invalidity has begun. The cooperation of the ex-spouse is requested, inasmuch as this can reasonably be accomplished. (If all else fails, the Tribunal will place an announcement in the diocesan newspaper, that the ex-spouse cannot be located. Anyone that may know of his/her whereabouts is invited to so inform the person.)

Also enclosed is a witness list where we ask for the names and addresses of six people who knew either of you at the time of the marriage. It is obviously important that the witness list be as accurate as you can possibly make it. Please return the witness list along with the application. When the Tribunal receives your documents and answers to the questionnaire, one of its personnel, an Auditor, may ask you or your suggested witnesses further questions.

The Auditor, a Latin term meaning, "one who listens", helps the Tribunal by clarifying your statements. You may use the Auditor as your "contact" for information regarding your own concerns as your case progresses. (There is no additional charge for this invaluable assistance.) You may contact your Auditor should you encounter problems while preparing the answers to your questionnaire. (Please see the Auditor’s Delegation form for the name of the Auditor who is assigned to handle your part of the case.)

An ecclesiastical marriage investigation, admittedly, is a very involved and sometimes emotionally trying process for the petitioner. We seek to do everything that we possibly can, to make the process as easy as can reasonably be expected for the persons involved. You can also be assured that, because of the confidential nature of this process, only the two parties to the marriage can possibly request information from the Tribunal about the proceedings.

Our experience is that 30 days is a reasonable time within which to expect that all the application information requested in this mailing, be returned to this Tribunal at the above address. However, the questionnaire often does take longer to complete, and that is why we allow 60 days for its return.

If you have any questions, please contact your Auditor at this office Monday through Friday, between the hours of 8:30 a.m. and 4:30 p.m.

CONTACT INFORMATION

The Marriage Tribunal
Diocese of Gary
9292 Broadway
Merrillville, IN  46410
219.769.9292
 

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Copyright ©1999  Catholic Diocese of Gary
Last modified:   March 02, 2007