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What is a Declaration of Invalidity
Diocese of Cleveland |
INTRODUCTIONYour former spouse has submitted a petition to this Church tribunal requesting that an ecclesiastical declaration of invalidity be made regarding your marriage. Experience has shown that the other party (you, in this instance) often has many questions regarding this process and his/her rights during these proceedings. We hope that this brochure will clarify some of these issues.
THE CHURCH'S VIEW OF MARRIAGE:The Catholic Church teaches that the covenant of marriage is a lifelong and exclusive partnership of a man and a woman. Marriage is a holy vocation or calling that by its very nature promotes the good of both spouses and is open to the procreation and education of children. Christ has raised marriage between two baptized persons to the level of a sacrament. Marriage comes into being by the free and unimpeded act of giving marital consent by both spouses. Church law presumes all marriages valid and thus indissoluble as long as both parties remain alive and were free to marry at the time consent was expressed in a lawful manner. While the state permits divorce as a means to end a legally contracted marriage, the Catholic Church holds that the marriage bond, by its very nature, cannot be dissolved by any civil power. Thus the marriage bond remains in place until it can be established that valid marital consent was not exchanged.
HOW IS A DECLARATION OF INVALIDITY POSSIBLE?People rarely enter marriage with any intention to divorce. Rather, they find that the living out of marriage is radically different than what they had anticipated. When a couple marries, each party must adequately understand the essential obligations of marriage and have the maturity to assume those obligations. If the lived experience of the marriage was so deficient that it did not correspond to the commitments made on the wedding day, and this is clearly proven to the tribunal, the Church declares that marriage to be invalid. An ecclesiastical declaration of invalidity has no civil effects whatsoever.
THOSE PARTICIPATING IN THIS PROCESS:THE PETITIONER: The person petitioning the tribunal for a Declaration of Invalidity. In the instance where you are named as the respondent, your former spouse is the petitioner. THE RESPONDENT: Term used to identify the other party in the process. WITNESSES: Names of the individuals submitted by the petitioner and/or respondent who may be able to offer insights as to why a given marriage has failed. Witnesses are often parents, relatives, or close friends of the couple. Witnesses are asked questions regarding the important elements that should be present in any marriage. EXPERTS: Counselors or other professionals with whom one or both of the parties of a marriage consulted. Counseling and professional records are not requested without a release of information form signed by the party(s) involved. Professional records are confidential. PROCURATORS: The petitioner and respondent designate in writing, a priest, deacon, or approved lay ecclesial minister, to represent them before the tribunal. The tribunal can suggest a procurator if necessary.
YOUR RIGHTS AS THE RESPONDENT:Church law recognizes your right to make a statement regarding your former marriage and your right to introduce witnesses. You are allowed a reasonable amount of time to make your statement to the tribunal.
WHO REVIEWS THIS INFORMATION?All material gathered by the tribunal is treated confidentially as required by Church law. Only those who have a right to the information are permitted to read it (the parties, their procurators, and tribunal officials). You have the right to respond to the allegations of your former spouse, just as your former spouse has a right to review statements which you have made as part of this investigation. All officials of the tribunal, including office personnel, are bound by oath to keep all information confidential.
WHEN IS A DECISION MADE?When the information gathering phase of the process is completed, the parties and their procurators are informed and given a two week period in which they have the right to review the evidence and offer additional data and/or observations regarding the case. The case is then forwarded to the Defender of the Bond who is required to argue for the validity of the marriage, if appropriate, and to guarantee the rights of both parties and the Church. The judge or panel of three judges to whom the case has been assigned will render the decision after a thorough study of all the material. A decision may be affirmative or negative. An affirmative decision means that the marriage has been declared invalid. A negative decision means that the invalidity of the marriage has not been established; therefore, the marriage still binds in the eyes of the Church. Church law requires that every affirmative decision which is made by this tribunal be reviewed by an appellate court/tribunal. A new panel of three judges can either ratify/confirm the first decision or admit the case to a process of gathering additional information after which a second decision is made.
APPEALS:Church law recognizes the right to appeal. The petitioner has the right to appeal a negative decision. You, as the respondent, as well as the Defender of the Bond, have the right to appeal an affirmative or negative decision. All appeals are heard by the proper court of second instance, either in Cincinnati or Toledo. An appeal may also be made to the Apostolic Tribunal of the Roman Rota.
IS REMARRIAGE IN THE CATHOLIC CHURCH ALLOWED?When a marriage is declared invalid and the decision is confirmed by the appellate court/tribunal, and if there are no restrictions attached to it, the usual procedure of preparing for marriage in the Catholic Church may be started with the local parish priest or pastoral minister. No plans for future marriages should be made before that time.
WHAT ABOUT THE LEGITIMACY OF CHILDREN?As indicated above, there are no civil effects to a Church declaration of invalidity in the United States. It does not affect in any manner the legitimacy of children. It cannot be used to question a child's paternity. It cannot be used to influence a civil court to set or change the terms of a civil divorce, child custody, support or property settlement. Church law has always protected the legitimacy of children because they were born into a presumed valid marital relationship.
HOW LONG DOES THE PROCESS TAKE?Due to a variety of factors, it is impossible to predict the length of time for processing a petition. No two cases are the same. One case may be completed in several months. Another may take a year or longer. Generally, cases can be completed within one year.
IS THERE A FEE FOR TRIBUNAL SERVICE?The marriage tribunal is subsidized by the faithful of the Diocese of Cleveland. The tribunal, which is staffed by both professional and secretarial personnel, investigates about 650 formal declarations of invalidity a year. To help lower the amount of the subsidy, the standard fee assessed for court costs is presently $450. This fee is the responsibility of the petitioner. However, the outcome of a petition is in no way helped or hindered by the Petitioner's ability or inability to pay the suggested fee. If you, as the respondent, would choose to appeal an affirmative decision by the tribunal, the responsibility for subsidizing that appeal would be yours.
IF YOU HAVE ANY FURTHER QUESTIONS:You are welcome to contact this office and speak with a member of the professional staff. Or you may wish to speak with a Catholic priest or pastoral minister of a nearby Catholic parish. |
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