Office of Marriage Tribunal at 601 S. Jefferson Ave., Springfield, MO 65806 US - Procedures and Process

THE FORMAL ANNULMENT PROCESS:

The focus of the formal process is the time of the engagement and the wedding.  Developments later in the marriage may shed light on the time of the decision to marry.  The formal process is a well-defined procedure investigating the intent of the couple at the time and accompanying circumstances that may have affected the ecclesiastical validity of the marriage.  In every case, grounds recognized in canon law will be the basis for the initiation of a marriage case. The grounds for formal cases include: Impotence (canon 1084), Lack of Due Reason (canon 1095.1), Lack of Due Discretion (canon 1095.2), Lack of Due Competence (canon 1095.3), Ignorance (canon 1096), Error of Quality (canon 1097), Imposed Error (canon 1098), Determining Error (canon 1099), Total Simulation (canon 1101), Partial Simulation due to an Intention Against Children, Partial Simulation due to an Intention Against Fidelity, Partial Simulation due to an Intention Against Perpetuity, Partial Simulation due to an Intention Against the Good of the Spouses, Partial Simulation due to an Intention Against Sacramentality, Conditions (canon 1102), Force and Fear (canon 1103), and Defective Convalidation (canon 1160).  For a marriage to be declared invalid, it must be able to be proven that the validity of the marriage was compromised by an essential defect, either in the quality of consent, or the capacity of the persons to undertake and fulfill the obligations of marriage even though circumstances may have hidden this defect at the time of the wedding.  Valid marriages do not become invalid nor do subsequent difficulties cause a marriage to become retroactively invalid.  If there is no evidence of the existence of canonical grounds, the petition will be rejected by the Tribunal.  

FOUR STAGES OF THE FORMAL PROCESS:

The formal process has four basic stages:

1. APPLICATION:
   Persons wishing to petition for an annulment should do so with the assistance of their parish priest, deacon, or pastoral minister, who will be their Advocate during the process.  After completing the Preliminary Statement form and supplying copies of the marriage license, divorce decree and baptismal certificate (if Catholic), the Advocate will send the Preliminary Statement and documents to the Tribunal.  It is important that the Preliminary Statement be filled out as completely as possible, with answers written on the form. 
2. INVESTIGATION:
   The next stage is the formal investigation of the marriage in question.  Petitioners are asked to give detailed testimony of their perspective of the marriage by answering a questionnaire.  Answers to the questionnaire are to be typed on separate paper, and not written on the questionnaire form.  Answers should be complete and concise, and address the grounds determined for the case by the Tribunal and all major difficulties prior to and during the marriage.  The Respondents (other spouses) are informed of this process and offered the same opportunity.  Respondents will also be provided with an Advocate to assist them with their participation in the process.    
   Respondents are encouraged to participate in the process, but not required to do so.  If a Respondent cannot be located, the Petitioner should inform the Tribunal in writing what efforts were made to locate the Respondent and why he/she could not be located.  Witnesses, named by either the Petitioner or the Respondent, are invited to furnish substantiating facts concerning the parties and the marriage.  The Petitioner and the Respondent are encouraged to submit the names and addresses of at least a few witnesses to the Tribunal at the time the case is opened.  Expert witnesses (doctors, counselors, etc) will need an authorization from the Petitioner or the Respondent to release information.  The Tribunal will furnish authorization forms if they are needed.  It is very helpful for parties to submit testimony in cases involving a serious mental health concern, alcohol or drug abuse, impotence, etc.
3. PUBLICATION:
   Both parties will be sent a letter indicating that all the information that seems available has been gathered.  A member of the Tribunal staff who serves as Defender of the Bond examines the case.  This person’s role is to represent the marriage in the procedure.  The Defender must reasonably argue in favor of the marriage. 
4. DECISION:
   The Judge(s) consider the pertinent law regarding the case and the facts that have been presented, and then renders a decision.  The parties are next notified of the First Instance decision (that is, the decision of the Tribunal of this Diocese).  A formal appeal of that decision may then be made by either party to the Appeal Court or the Roman Rota.  If no formal appeal is made, the case is sent on to ratification.  Church law requires the appointed Court of Appeals to review a case and the sentence to ensure the law is properly applied and the rights of all parties are respected.  Cases decided in this Diocese are sent to the Missouri Appellate Tribunal in St. Louis for ratification.  The parties are then notified of the Definitive Decision.  If it seems that the invalidating factor may be present in any future marriage, the Judge(s) may restrict a person from marrying in the Church again until there is evidence that the problem has been treated.  

LACK OF FORM CASES:

For a person who was either Catholic or married to a Catholic, and did not marry according to the canonical form of marriage (in front of a Catholic priest or deacon with two witnesses), and if the Catholic Church’s permission was not obtained for this marriage (called a “dispensation from canonical form”), then the Church could process this case as a “Lack of Form”.  The Church calls this an administrative process.  Parties who wish to petition the Tribunal for a Lack of Form case should contact their parish priest, deacon, or pastoral minister and fill out the appropriate form and provide the required documents. 

LIGAMEN CASES:

For a person previously married to someone with a prior marriage, provided the Church had not dealt with the prior marriage, a documentary process exists.  This is called ligamen, or prior bond.  In most cases, one simply documents the prior marriage of the individual with whom one attempted marriage.  Parties wishing to pursue a ligamen case should contact their parish priest, deacon, or pastoral minister for information.  The Tribunal will then advise parties pursuing ligamen cases concerning what documents we require and guide them through the process. 

PRIVILEGE OF THE FAITH (PETRINE PRIVILEGE) CASES:

If one of the spouses was not baptized during the first marriage, and the lack of baptism can be proven (provided the person applying for this process did not cause the marital breakdown), then a “Privilege of the Faith” case (or “Petrine Privilege” case) can be sent to the Holy See.  If the Holy See approves, the non-sacramental marriage may then be dissolved in favor of a new marriage.  Parties wishing to pursue a Privilege of the Faith case should contact their parish priest, deacon, or pastoral minister for information.  The Tribunal will then advise parties pursuing Privilege of the Faith cases what documents we require and guide them through the process.

PAULINE PRIVILEGE CASES:

If neither  of the spouses was baptized during their marriage, and now one of the spouses wishes to become baptized and marry a Catholic, provided one can prove the non-baptism of each former spouse, a Pauline Privilege is possible.  In this situation, the diocesan bishop or his lawful representative, having established the non-baptized status of both parties, allows the non-sacramental partnership to be dissolved in favor of the new marriage.  Of course, the spouse desiring baptism and the new marriage must first receive baptism.  Parties wish to pursue a Pauline Privilege case should contact their parish priest, deacon, or pastoral minister for information.  The Tribunal will then advise the parties pursuing Pauline Privilege cases what documents we require and guide them through the process.