Marriage is a lifetime exclusive partnership between a man and a woman, in which each give and receive mutual help and love, and from their union bring forth and raise children. When people marry according to the requirements of church and civil law, the Catholic Church presumes they marry validly.
If husband and wife are both baptized, the Catholic Church presumes their marriage is a sacrament; and when this valid sacramental marriage is physically consummated it cannot be dissolved. In certain circumstances a marriage which is proven to be either non-sacramental or non-consummated can be dissolved by the Church.
Realizing that a consummated sacramental marriage cannot be set aside by a human power, the Catholic Church offers to consider whether a particular marriage, now broken, was in some way defective from the very beginning. Thus, if on the wedding day the marriage lacked one or more of the essential elements which the Catholic Church considers necessary for a valid marriage, and if that can be proven, the Church can declare that marriage null and void, indicating that it never had the binding force which characterizes mamage. Therefore, a Church annulment is a decision by the Church, based on proof, that on the wedding day a particular union lacked some essential element which made the marriage not binding.
In the Diocese of Camden such decisions are sought and given through the Tribunal. The Tribunal is a Church Court which responds to a petition of a spouse by investigating the marriage and then rendering either a judgment concerning its juridical status or a recommendation regarding the requesting of its dissolution. The Tribunal seeks only the spiritual good of the couple involved. There are no civil effects to a Church annulment; a decision of nullity does not fix blame for the break- up of the union, nor does it affect in any manner the legitimacy of children. If a marriage is declared null by the Tribunal, the spouses then are free to marry someone else who is also free in the Catholic Church. As a result of that freedom the Catholic party or parties in a new union are able to participate fully in the life of the Church.
Any spouse who wishes to do so may seek a Church annulment of the marriage. Church annulment proceedings are begun by completing the preliminary forms which contain a formal Petition, the Petitioner's agreement and an initial statement. In filling out these forms for a Church annulment, one should answer all questions as truthfully and completely as possible. A copy of the final Decree of Civil Divorce must be included. After the preliminary forms have been formally received by the Tribunal the other party (the Respondent) will be sent a copy of the formal Petition and will be asked to give testimony. The Tribunal will also request the necessary documents which include baptismal certificates for each party and the marriage certificate. All evidence obtained in a church annulment is confidential and limited only to those appointed to function in your particular case.
The testimony of the Respondent (former spouse) will be sought. Church Law and basic justice require that the other party (the Respondent) to a marriage have the opportunity to know about the annulment petition and to give their testimony as to the facts of the marriage. Moreover, in some cases, no decision can be given without the cooperation of the former spouse. The Tribunal itself will contact the former spouse. However, when it is feasible, a more cooperative atmosphere is developed if the Petitioner informs the former spouse that an annulment is being sought and that the Tribunal will be contacting him/her. It has been the experience of the Tribunal that the former spouse initially does not respond, the Petitioner can sometimes successfully persuade his/her cooperation.
After the Respondent has been heard, or it has been estab lished that the Respondent cannot be heard or refuses to cooperate, evidence from the Petitioner and witnesses is sought. After the Pe titioner gives testimony then the grounds can be established. If the case is to be accepted, then both parties will be notified regarding the grounds on which the Tribunal will be investigating the case.
If there are indications of grounds for an annulment, and there is hope of proving those grounds, the annulment Petition is accepted for formal process. If there are no indications of grounds for an annulment or if there is no hope of proving them, the annul ment Petition is rejected. If the Petitioner or Respondent does not agree with the rejection of the Petition, he/she may fill out a formal appeal which will be sent to our Appellate Tribunal. If the Peti tioner or Respondent does not agree with the grounds accepted by the Tribunal, he/she may express any objections to the Tribunal in writing within ten days of the notification. The Tribunal will then rule on this matter.
After the case has been accepted, the Tribunal will then obtain any other evidence that is needed. If necessary, the testi mony of witnesses will also be obtained at the time and in the manner which the Tribunal considers appropriate. At the conclu sion of the case, in accordance with Chruch Law, all testimony may be read by both parties unless the Tribunal decrees that, to avoid the danger of serious harm, the parties are not to have access - to some or all of the testimony.
If the Tribunal feels it is necessary, the case will be re viewed by its expert(s), either psychiatric or otherwise. After the case is concluded, it is then reviewed by an Advocate for the Petitioner and the Defender of the Bond who are to submit their written arguments for their respective positions either for or against the granting of the annulment. The case is then given to a group of three Judges who give the final decision. After the decision is made it is communicated to the parties.
If the decision of the Tribunal of Camden is negative, either party may appeal to the Appelate Tribunal. Such an appeal should be made within ten (10) days of notification of the decision. If the decision of the Tribunal of Camden is affirmative, Church Law requires that the Tribunal itself send the case to the Appellate Tribunal for review. However, the Defender of the Bond and the Respondent can also appeal the case giving the reasons which it is felt that the Affirmative decision ought to be reversed.
If a decision is appealed and the decision of the Appellate Tribunal agrees with the decision of the Tribunal of Camden, that decision is final. If the decisions disagree, the matter is settled by I the Sacred Roman Rota in Rome or by a Tribunal in this country appointed by the Holy See.
Since this is the Petitioner's case, the basic responsibility for presenting the evidence is the Petitioner's. Thus, it is the Petitioner's duty to obtain and present to the Tribunal the names, addresses and telephone numbers of all witnesses who are relatives and friends of each party who knew either of the spouses during their courtship and marriage or who have pertinent information regarding one of the parties. Marriage counselors, psychologists, psychiatrists, doctors and other professionals may also act as witnesses, but when they do they require a release signed by the person about whom they are giving information. Also, medical, military, and personal records can be admitted as evidence.
No one can guarantee the outcome of a petition or the date when a final decision will be given because of a number of variable factors. Most of the time will be spent in obtaining evidence from the witnesses which is time consuming and tedious. Lack of cooperation and promptness of witness evidence can cause significant delays in making a decision. With the complete cooperation of everyone needed in a case the average length of time to complete it is about eleven months.
No plans for future marriages should be made until and unless the petitioned annulment has been granted, ands if necessary, confirmed by the Appellate Tribunal. Parish priests have been advised of this and the Tribunal cannot be responsible for the arbitrary promises or guarantees made by any person. This policy is contained in the Petitioner's agreement and is established in the beginning of the case.
The Tribunal does not charge anything for an annulment. However, annulment proceedings do entail expenses. It is only fitting that the Petitioner, if you are able, defray some of these expenses that have been incurred at your request and for your benefit. Payment may be made in full or may be made in installments. Checks should be made payable to the Diocese of Camden and mailed directly to the Tribunal Office. Mention of the total payment will not be made, however, until the final decision is reached and the final decree will be issued even if someone cannot afford to pay anything at all.
If the Petitioner is rejected and the Petitioner wishes to appeal the rejection, a fifty dollar ($50) donation is requested.
When a medical or psychiatric evaluations are required, the Tribunal requests that the Petitioner reimburse the Diocese of Camden for the expenses incurred. These charges vary between ($75-$ 120)
In the event of an affirmative final decision, the Tribunal asks for a ($250) donation. This represents approximately one-half the total cost. In the event of a negative final decision, a ($150) donation is asked. If an appeal is sought, obviously the Appellate Court will also have expenses.
The nominal means of communicating with the Tribunal is to write directly to the Tribunal. This will insure confidentiality. Each case is assigned a case number which should be used when writing to the Tribunal. Phone calls, third party interventions, and unscheduled appearances to obtain information about a specific case must be avoided in order to save time and to insure accuracy. Such information cannot be communicated through these means and the Tribunal greatly appreciates the understanding of the Petitioner and the Respondent in this matter. Phone calls should only be made regarding appointments.
The Tribunal will generally only write to the Petitioner when there is need for some information or action. However, if several months go by without some communication from the Tribunal, the Petitioner or Respondent may write to inquire about the status of the case. These are the only ones who have a right to have this information.
The Petitioner should always keep the Tribunal informed about his/her current address and telephone number. Likewise, the Petitioner should respond to all letters from the Tribunal which require a response. If two monthly letters to the Petitioner requesting specific infromationl action remain unanswered, the Tribunal presumes that the Petitioner is no longer interested in pursuing the case, and the case is then placed in the Inactive Files.
| Judicial Vicar | Represents the Bishop in Tribunal Matters. Rev. Msgr. Leonard G. Scott, J.C.D. |
| Associate Judicial Vicar | Rev. Edward J. Lipinski Rev. Msgr. James J. Zegers Rev. Msgr. Patrick 1. Madden |
| Judges | Rev. Edward D. Alleyne Rev. Ambrose S. Bryce Rev. Laurence P. Clark, O.S.A. Rev. Msgr. Bernard P. Hewitt Rev. Msgr. John R. Lubicky Rev. Msgr. Edward F. Mullen Rev. Msgr. Thomas H. Sharkey |