Tribunal 795 Main Street Buffalo, NY 14203 (716) 847-8769
Introduction The annulment process is the church’s effort to be faithful to Christ’s highest ideals (“ What God has joined, let no one separate” Matt. 19:6) as well as treat individuals with the compassion of Christ (“ Be compassionate, as your father has compassion” Luke6: 360. Because of misinformation and misunderstanding about the annulment process, many people fail to make use of this healing ministry. This brochure is provided in the hope that some people may take another look at annulments. What is the difference between a civil divorce and a church annulment? Anyone who marries in the United States must obtain a civil license to legally contract the marriage and cohabit with all the privileges the law provides. In most cases, the civil divorce states that the above did take place, but the contract is severed and each party is free under the law to remarry. The legitimacy of children is not affected. The church is committed to upholding the marriage bond, but one has the right to ask the church to examine a previous marriage to see if it mirrors what we teach of marriage and the relationship, which is at the heart of that lifestyle. An annulment is a declaration from a church tribunal that the marriage bond did not and could not come to be- that is, one or both parties may have entered that marriage with good will, but lacked the openness, honesty, or emotional stability or capacity to establish a community of life and love with another person. Again, the legitimacy of children is not affected. If an annulment is granted, then both parties are free to remarry in the church. However, for pastoral reasons, counseling may be required prior to marriage. Who can petition the tribunal for an annulment? If you are divorced, you may have grounds for a declaration of nullity. Anyone –Catholic or not – may ask the church to examine his/her former bond of marriage so they may, if possible, remarry in the church. The
purpose is not to blame either party, but simply to see what led up to the marriage and what caused it to end. The church recognizes the first marriage of any two people –Catholic or not- as a binding marriage until proven otherwise. Just as there are different grounds upon which to base a case, there are also different processes depending on the circumstances in question. How do I go about getting started? Consult your local parish priest for information, or you may contact the tribunal (847-8769) to obtain guidelines for writing your martial history. The period of the PRIOR TO the marriage (family back-ground, courtship) is especially important because the tribunal must judge if the union was valid AT THE TIME you exchanged vows. After you return your marital history to the tribunal, you will receive a letter indicating what is the next step in the process. A member of the tribunal staff will be appointed to work with you in the process. The former spouse must have the right to offer their insights regarding the union. If there are grounds for processing and your former spouse cannot be found, or he/she does not cooperate, your case will be processed to a just conclusion. There is no need for you to speak with your former spouse during the process. Who else is involved in the process? To gain a complete and objective picture of your marriage, witnesses who knew you before during the marriage will be contacted for testimony. (These may be parents, friends, or knowledgeable relatives.) Strict confidentiality is always upheld in reviewing all testimony. How long does the process take? Each case is different. Some are more complex than others. As a result, it is difficult to give an exact time. Once your case has been accepted at the formal hearing, church law allows the process to take no more than a year and a half- generally it take 6-8 months. (NO PLANS FOR A FUTURE MARRIAGE SHOULD BE MADE UNTIL YOU HAVE YOURANNULMENT IN HAND.) Generally, you will visit the tribunal from two to four times. How much does an annulment cost? When a case is accepted for formal process, there is a fee of 350.00 requested from the petitioner. That sum does not pay for the whole process.
The remainder of the expenses are subsidized by the diocese. You are not paying for the annulment itself. You are paying for the process. (NO CASE IS EVER REFUSED BECAUSE OF FINANCIAL DIFFICULTIES) What if an annulment is not granted? Those denied an annulment should feel free to talk to any of the members on the tribunal staff or the family life department, which operates a ministry for separated and divorced people. What is my status in the church? Divorce is not a sin. Those who are simply divorced have every right to receive the sacraments. Remarrying outside the church invalidly does prohibit one from receiving communion, penance, and being a sponsor for the sacraments. Are there any other services in the church offered to divorced people? The family life department offers a program call LINK aimed at assisting people to adjust to the fact of their divorce and at helping people reconstruct their loves in relationship to others. Information about programs such as these and for entering a second marriage may be obtained from the tribunal or family life department. Family Life Department 795 Main St Buffalo, NY 14203 (716) 847-2210