What is the Catholic View of Marriage?

Marriage is a covenant that a man and a woman establish between themselves as a
partnership of the whole of life that is directed toward the good of the spouses
and the procreation and education ofchildren.

What is the difference between a divorce and an annulment?

Divorce is a formal and legal dissolution of marriage. In essence it means that the
bond that was formed no longer exists. The annulment process examines the bond
that was formed. If the annulment is granted, it means that one of the essential
elements for a binding marriage was not present at the time of consent (marriage).

What are essential elements?

Marriage is the living out of sacrificial love. As Christ gave himself for the Church,
husbands and wives are called to give themselves totally to each other.
Husbands and wives must not only have a clear understanding of the obligations of
marriage and be willing to fulfill those obligations, but must also be capable of
fulfilling those obligations. They must each be of sound mind and freely make their
commitment.

Will my children be considered illegitimate?

No, legitimacy is a civil term, and as such does not apply in the case of annulments.
Children are a gift from God, created in His image and likeness. They are entitled to
love and support from their parents as well as from their faith community.

Are annulments expensive?

Annulments are not ‘for sale’. Petitioners are asked to make a fee commitment
based on income. This payment helps to cover the administrative costs associated
with processing an annulment. If a Petitioner (the individual petitioning the
Tribunal to investigate their former marriage) is unable to make a fee
commitment, he/she should inform their Advocate or the Tribunal. Non-payment
does not slow down or stop the process of a case nor does the payment of excess
fees assure an annulment will be granted.  A Respondent (the individual responding to
the petition of their former spouse) is never asked to make a fee commitment.

How long do annulments take?

Formal cases average nine months to a year to process. Documentary cases can
be processed much more quickly. The determining factor for both types of cases
is the receipt, by the Tribunal, of the necessary documentation and testimony.

What is the difference between a formal and a documentary case?

A case is processed as a formal case when:

1) one or both parties are Catholic
and are married in the Catholic Church,
2) both parties are non-Catholic and are married outside the Church, and neither party has a prior marriage that
was not declared null. 

A case is processed as a documentary case when:
1) one of the spouses was Catholic and the marriage was outside the Catholic Church,
or
2) the ex-spouse was married prior to their marriage to the Petitioner.

As a divorced and remarried Catholic, may I receive Communion?

No. Receiving Communion is a public statement that one accepts all of the
teachings of the Catholic Church, including marriage according to Church laws.

If I am divorced, but not remarried, may I receive Communion?

Yes. A divorced Catholic, in the state of grace, who has not remarried outside the
Church, is in full communion with the Church and may receive Communion.

Will my being divorced and remarried outside the Church affect my ability to
get an annulment of my prior marriage?

No. The annulment process examines the prior marriage in light of Church teaching.
It does not examine the current status of either party.

Must my prior spouse be contacted?

Church law, out of fairness, requires that the ex-spouse be contacted, unless there
are overriding circumstances.

What happens if the address of my former spouse is unknown?

If the whereabouts are unknown, the efforts made to locate the respondent must be
documented.

What if my former spouse refuses to participate?

If the former spouse refuses to participate, the Tribunal will proceed to process the case.

What documents are required?

Copies of your marriage certificate and divorce decree are needed. If you are
Catholic, a recent copy - issued within the last six months - of your baptismal
certificate, with notations, is also needed.

How do I start the process?

Contact your pastor. Many priests prefer to do their own annulments or they may refer
you to a lay advocate.

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