The Roman Catholic Diocese of Phoenix

Annulment Process

Introductory: How the Process Begins

Submission of libellus/petition to the diocese: a party, the Petitioner, approaches the Tribunal, asking for his/her marriage to be examined. A party may do this through the designated priest, deacon or nullity minister in his/her parish.
If the case is accepted, it is assigned to a judge or college of judges; court must have competency to accept case.
Citation of parties: the Petitioner is informed about the acceptance of the libellus, and the Respondent is requested to participate in the process.
Joinder of issues: the grounds of nullity for the case are set, specifying which defects of consent seemed to have been present, based on the petition and any response from the other party.

Probative/Evidentiary: The Collection of Evidence

Declarations of parties: statements from spouses about marriage and what went wrong.
Judicial Confessions: statements against oneself about the marriage (e.g. spouse admitting that no children were wanted). Confessions themselves are not sufficient to prove invalidity. Other testimony is needed before confessions are given full proof to reveal a party’s views and attitudes regarding a marriage.
Documents: necessary public civil and ecclesiastical documents, such as divorce decrees and baptismal certificates (submitted along with the libellus). All documents must be originals. Civil documents may NOT be copies. Divorce decrees must include a raised seal.
Witnesses: direct or written testimony (questionnaire) submitted as an affidavit. Both the Petitioner and the Respondent may ask witnesses to testify. The best witnesses are those who can discuss the entire relationship, especially the period of dating. Discussing the disintegration of the marriage is not sufficient in order to prove invalidity. Testimony must be open and honest; brief answers in the questionnaire may delay the process, and may require follow up questioning of a witness. Witness may include relatives, friends, acquaintances, but may also include any mental health professionals to testify regarding any psychic illnesses. Such witnesses are used only with the permission of a party.
Experts: people with particular skills and training (e.g., mental health professional, anthropological expert to aid in cultural issues) appointed by a judge to clarify some facts of the evidence.
Publication of acts: after all evidence has been collected, parties of the case are invited to review collected evidence in Tribunal; if a judge deems it necessary, a piece of evidence may be withheld if revealing it would cause grave problems. After the review, a party is free to offer more testimony and offer any comments.

Discussion of Case: Arguments from All Parties Presented

Advocate briefs: advocates offer a defense for his/her party in writing, in order to persuade the judges’ decision; both the Petitioner and the Respondent are entitled to representation.
Observations of defender of the bond: the defender is the party who argues for the validity of the bond of marriage

Decision: The Sentence of the Court Is Decided and Communicated to the Parties

After arguments are submitted, judges discuss opinions after reviewing all documents. There is no “courtroom” to present arguments.
Ponens, the judge selected who will write the decision
Parties presented with decision of the court and the opportunity to appeal; petitioner and respondent have the right to review the entire sentence in the Tribunal.

Appeal

Ordinary Appeals Court: if a case receives an affirmative decision, a second decision is needed before a party enters into a new marriage in the Church. To ensure all procedures have been followed and rights have been protected, a case must undergo ratification by a second instance, or appeals, court. For the Diocese of Phoenix, the first instance tribunal, the Tribunal of the Archdiocese of Santa Fe serves as the appeals court for the decisions of the Diocese of Phoenix. If a party desires to appeal a decision, whether the case was granted an affirmative or a negative, a Petitioner or Respondent may initiate the appeal to the judge who issued the sentence within 15 days in writing. The defender of the bond may appeal as well. If an appeal is carried out, this requires a whole new trial to be conducted.
Roman Rota: a party may also bring his/her appeal to the Roman Rota, the highest ecclesiastical court. Once a case is in Rome, it stays in Rome. If a party believes it is in his or her best interest, they may approach the Rota with their case at any point in a trial.


	Annulment Process Introductory: How the Process Begins Submission of libellus/petition to the diocese: a party, the Petitioner, approaches the Tribunal, asking for his/her marriage to be examined. A party may do this through the designated priest, deacon or nullity minister in his/her parish. If the case is accepted, it is assigned to a judge or college of judges; court must have competency to accept case. Citation of parties: the Petitioner is informed about the acceptance of the libellus, and the Respondent is requested to participate in the process. Joinder of issues: the grounds of nullity for the case are set, specifying which defects of consent seemed to have been present, based on the petition and any response from the other party. Probative/Evidentiary: The Collection of Evidence Declarations of parties: statements from spouses about marriage and what went wrong. Judicial Confessions: statements against oneself about the marriage (e.g. spouse admitting that no children were wanted). Confessions themselves are not sufficient to prove invalidity. Other testimony is needed before confessions are given full proof to reveal a party’s views and attitudes regarding a marriage. Documents: necessary public civil and ecclesiastical documents, such as divorce decrees and baptismal certificates (submitted along with the libellus). All documents must be originals. Civil documents may NOT be copies. Divorce decrees must include a raised seal. Witnesses: direct or written testimony (questionnaire) submitted as an affidavit. Both the Petitioner and the Respondent may ask witnesses to testify. The best witnesses are those who can discuss the entire relationship, especially the period of dating. Discussing the disintegration of the marriage is not sufficient in order to prove invalidity. Testimony must be open and honest; brief answers in the questionnaire may delay the process, and may require follow up questioning of a witness. Witness may include relatives, friends, acquaintances, but may also include any mental health professionals to testify regarding any psychic illnesses. Such witnesses are used only with the permission of a party. Experts: people with particular skills and training (e.g., mental health professional, anthropological expert to aid in cultural issues) appointed by a judge to clarify some facts of the evidence. Publication of acts: after all evidence has been collected, parties of the case are invited to review collected evidence in Tribunal; if a judge deems it necessary, a piece of evidence may be withheld if revealing it would cause grave problems. After the review, a party is free to offer more testimony and offer any comments. Discussion of Case: Arguments from All Parties Presented Advocate briefs: advocates offer a defense for his/her party in writing, in order to persuade the judges’ decision; both the Petitioner and the Respondent are entitled to representation. Observations of defender of the bond: the defender is the party who argues for the validity of the bond of marriage Decision: The Sentence of the Court Is Decided and Communicated to the Parties After arguments are submitted, judges discuss opinions after reviewing all documents. There is no “courtroom” to present arguments. Ponens, the judge selected who will write the decision Parties presented with decision of the court and the opportunity to appeal; petitioner and respondent have the right to review the entire sentence in the Tribunal. Appeal Ordinary Appeals Court: if a case receives an affirmative decision, a second decision is needed before a party enters into a new marriage in the Church. To ensure all procedures have been followed and rights have been protected, a case must undergo ratification by a second instance, or appeals, court. For the Diocese of Phoenix, the first instance tribunal, the Tribunal of the Archdiocese of Santa Fe serves as the appeals court for the decisions of the Diocese of Phoenix. If a party desires to appeal a decision, whether the case was granted an affirmative or a negative, a Petitioner or Respondent may initiate the appeal to the judge who issued the sentence within 15 days in writing. The defender of the bond may appeal as well. If an appeal is carried out, this requires a whole new trial to be conducted. Roman Rota: a party may also bring his/her appeal to the Roman Rota, the highest ecclesiastical court. Once a case is in Rome, it stays in Rome. If a party believes it is in his or her best interest, they may approach the Rota with their case at any point in a trial.