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What is a Declaration of Invalidity
Diocese of Cleveland |
Table of Contents
How do I submit a petition for a declaration of invalidity?It is recommended that you first contact a priest, deacon, or lay ecclesial minister of your local parish. Due to the amount of preparation involved in filing the petition, this person can assist you in preparing the proper papers and submitting correct and complete documents. Back to Top
Where can I find the proper forms to submit?Forms are available from your local parish. There are various types of forms used to submit for the declaration of invalidity. In order to determine the correct form to be used, please consult with a priest, deacon or pastoral minister at your local parish. Using the proper form can shorten the overall cycle time for obtaining your declaration of invalidity. Back to Top
What documents do I need in addition to the petition?Before submitting the petition to the tribunal, it is advisable that you obtain the following documents: 1. A copy of your baptismal record (if Catholic) which is available through your parish of baptism. When calling to request this, please ask that notations of sacraments be included. 2. An original or court notarized copy of your divorce decree. 3. A copy of the record of your civil marriage along with a copy of your application for the marriage license. Both of these documents can be obtained from the county court house where you applied for the marriage license. Back to Top
Who is permitted to read the testimony provided?Once the tribunal is finished gathering testimony, the testimony will be made available to the petitioner, respondent and their procurators at the tribunal. Back to Top
What if I am unable to pay the court fees?Court costs are assessed in order to pay for the operation of the tribunal office (c. 1649). The payments which are collected from petitioners cover approximately one half of the actual expenses. The Diocese of Cleveland subsidizes the remainder of the cost of operation. The right to a just decision, however, is not dependent on the ability to pay. Petitioners are asked to help defray the expenses of the tribunal to the extent they are able.A non-refundable filing-fee of $50 is requested with the submission of a petition. The additional fee for a formal case is $400 bringing the total cost to $450. A payment plan for the remaining fee is negotiated with the petitioner by the tribunal once the case has been accepted. In some cases the judge may ask a petitioner to cover certain extraordinary expenses such as consultation with a professional expert. In those instances the effort will be made to accommodate the financial abilities of the petitioner.
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Does a declaration of invalidity affect the legitimacy of children?A church declaration of invalidity is always strictly a religious matter and does not affect the civil validity of the marriage. A Church declaration of invalidity is an evaluation of the spousal relationship exclusively and does not involve the legal standing of any children. Back to Top
If I was never married to a Catholic, do I have to have my previous marriage annulled before I can marry in the Catholic church?Yes. If a marriage is considered to be valid in civil law, no matter where the wedding was held, the Church also considers the marriage valid until proven otherwise. This holds true for Catholics and non-Catholics alike. Back to Top
My fiancé was married before but never married in the Catholic church. Is my fiancé required to have the previous marriages annulled, declared invalid?Yes. If a marriage is considered to be valid in civil law, no matter where the wedding was held, the Church also considers the marriage valid until proven otherwise. This holds true for Catholics and non-Catholics alike. Back to Top
What does an annulment cost?A non-refundable filing-fee of $50 is required with the submission of all petitions. There are additional fees for the processing of most all cases. A payment plan for the remaining fee is negotiated with the petitioner by the tribunal once the case has been accepted. The fees for cases are as follows. These charges include the $50 filing fee:
In some cases the judge may ask a petitioner to cover certain extraordinary expenses such as consultation with a professional expert. In those instances the effort will be made to accommodate the financial abilities of the petitioner. Back to Top |
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