Frequently Asked Questions Regarding the Marriage Nullity Process

What is an invalid marriage?
A marriage is declared invalid when the consent did not include all of the elements necessary according to the law of the Church.

Why do I need to obtain a declaration of nullity?
If two parties want to marry in the Catholic Church, their freedom to do so must be established. This includes non-Catholic parties who want to marry Catholics, because the Church recognizes the marriage of non-Catholics as valid.

Who may apply?
Anyone may approach the Tribunal with a Petition to have his or her marriage examined. Non-Catholics apply because they want to marry a Catholic. Even someone who was married for a long time, or has children, may apply.

How do I begin the application process?
A party may approach the appropriate member of his or her parish staff. The parish may also have a certified marriage nullity minister available.

How long does it take?
Just as each marriage is unique, so is each formal annulment case; it is not possible to give any estimates, because there are so many factors to be considered.

Can I begin to make plans for my wedding?
No! There can be no time line placed on these cases, and cases are received as they arrive at the Tribunal. Furthermore, there is no guarantee of an affirmative decision. Not until a decision has been granted by the first instance court and the appellate court can a wedding be scheduled.

How much does it cost?
The fees charged by the Tribunal do not completely cover the actual cost of the legal services provided. The Diocese of Phoenix at this time charges $500.00, and is assessed to the Petitioner for a formal case; the diocese subsidizes the remaining costs. At no time is anyone denied a Tribunal process because of financial hardship. The fee is for the service, and not for the decision.

I am a Catholic who previously married “outside of the Church.” Do I need to go through the annulment process?
A decree of nullity must be obtained, but a formal process may not be necessary. Instead, a simple process may be used, by which the lack of proper form (e.g. a civil ceremony, or before a minister of another denomination without a dispensation) is proven.

Does a decree of nullity mean that the children are illegitimate?
No! The marriage was presumed to be valid by at least one of the parities at the time of the marriage, and any children born of the relationship are considered legitimate. The declaration is not a denial of the existence of the relationship between the parents.

What if my former spouse refuses to participate?
The court is bound to provide for the rights of both parties, especially the right of defense, and must make every effort to contact the other party. If the other party cannot be located, or chooses not to participate, the case will move forward.

Can a divorced Catholic receive the sacraments?
Yes, as long as there is no attempt at a marital relationship with another party and as long as one is living in the state of grace according to their conscience, then he or she may fully participate in the sacraments.

What is the level of participation that is permissible for a party that has divorced and remarried without obtaining the declaration of nullity?
By having made this choice, a person has separated him or herself from communion with the Church, and therefore cannot fully participate in the sacraments. This does not exclude a person completely from participation in Sunday worship, but one cannot receive Holy Communion.