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DIOCESAN TRIBUNAL DIOCESE OF SPRINGFIELD-CAPE GIRARDEAU
MAILING ADDRESS: 601 S. JEFFERSON AVENUE SPRINGFIELD, MO 65806-3143 TELEPHONE NUMBER: 417-866-0841 FAX NUMBER: 417-866-1140 E-MAIL: lmurphy@diocspfdcape.org
TRIBUNAL STAFF: Judicial Vicar: Reverend Monsignor Thomas E. Reidy, V.G. Adjutant Judicial Vicar: Reverend Thomas P. Kiefer, J.C.L. Judges: Reverend Monsignor Michael F. Swalina, S.T.D. Reverend Vincent E. Bertrand, J.C.L. Auditor: Sr. Inez Denise Hallinan, C.S.J., M.A. Secretary: Mrs. Linda Murphy Promoter of Justice: Reverend Monsignor Philip A. Bucher, V.G. Advocates: Reverend Monsignor Edward M. Eftink, Ph.D. Reverend David Hulshof, M.A. Defenders of the Bond: Reverend Monsignor Philip A. Bucher, V.G. Reverend Michael V. McDevitt, M.A. Ecclesiastical Notaries: Mrs. Marie Meyer Mrs. Linda Murphy
THE TRIBUNAL: The Diocese of Springfield-Cape Girardeau Tribunal is under the direction of the Bishop of Springfield-Cape Girardeau and is administered by his delegate, the Judicial Vicar. He, together with a staff of specially trained priests, religious and lay persons is responsible for processing cases and assisting persons who formally request a declaration of nullity of their marriage. A judge, or at times three judges, studies the marriage and decides whether in fact the marriage can be declared null.
ANNULMENT OF A MARRIAGE: The Catholic Church teaches that marriage is, by God's plan, an enduring and exclusive partnership between a man and a woman for the giving and receiving of love and the procreation and education of children. The Church presumes that every marriage (Catholic, Protestant, Jewish, non-believer, etc.) is a true and valid union. Therefore, all previous marriages must be examined by the Tribunal before a person may be declared free to marry in the Catholic Church. A Church annulment is a declaration by the Catholic Church in a particular diocese that a specific union, presumably begun in good faith, and thought by all to be a marriage, was in fact an invalid union according to the Catholic Church's most recent teachings of sacramental theology and canon law. An annulment does not deny that a real relationship existed, but it is a statement by the Church that the relationship fell short of at least one of the elements considered essential for a binding marital union.
MARRIAGE TRIBUNAL PROCEDURES: The Tribunal has three basic procedures to determine a person's freedom to marry in the Catholic Church. These procedures are commonly called: Documentary Cases, Privilege Cases, and Formal Cases. Since most annulments fall into the category of formal cases, we will only address that process.
THE FORMAL ANNULMENT PROCESS: The focus of the formal process is the time of the engagement and the wedding. Developments later in the marriage may shed light on the time of the decision to marry. The formal process is a well-defined procedure investigating the intent of the couple at the time and accompanying circumstances that may have affected the ecclesiastical validity of the marriage. The formal process has four basic stages. 1. APPLICATION: Persons wishing to petition for an annulment should do so with the assistance of their parish priest/deacon/pastoral minister who will be their advocate during the process. After completing the Preliminary Statement form and supplying copies of the marriage license, divorce decree and baptismal certificate (if Catholic), the advocate will send the Preliminary Statement and documents to the Tribunal. 2. INVESTIGATION: The next stage is the formal investigation of the marriage in question. Petitioners are asked to give detailed testimony of their perspective of the marriage by answering a questionnaire. The Respondents (other spouses) are informed of this process and offered the same opportunity. Witnesses, named by either party, are invited to furnish substantiating facts concerning the parties and the marriage. Expert witnesses (doctors, counselors, etc.) will need an authorization from the Petitioner or the Respondent to release information. The Tribunal will furnish authorization forms if they are needed. 3. PUBLICATION: Both parties will be sent a letter indicating that all the information that seems available has been gathered. A member of the staff who serves as Defender of the Bond examines the case. This person's role is to represent the marriage in the procedure. The Defender of the Bond examines the case. The Defender must reasonably argue in favor of the marriage. This stage of the procedure is governed, as the rest of the process is, by the policy PAGE THREE-DIOCESAN TRIBUNAL of confidentiality which is stated elsewhere in this brochure. 4. DECISION: The judge considers the pertinent law regarding the case and the facts that have been presented and renders a decision. The parties are next notified of the First Instance decision (that is, the decision of the tribunal of this Diocese). A formal appeal of that decision may now be made by either party to the Appeal Court or the Roman Rota. If no formal appeal is made, the case is sent on to ratification. Church law requires the appointed court of appeals to review a case and the sentence to ensure the law is properly applied and the rights of all parties are respected. Cases decided in this Diocese are sent to the Missouri Appellate Tribunal in the Archdiocese of St. Louis for ratification. The parties are then notified of the Definitive Sentence. If it seems that the invalidating factor may be present in any future marriage the Judges may restrict a person from marrying in the Church again until there is evidence that the problem has been treated. Just as every marriage is unique so also is every individual formal case. It is not possible to give a time frame on how long a particular case will take because there are so many variables. For this reason: No new marriage date may be scheduled in any Catholic parish until the entire process is complete. On the average, a case takes approximately one year to complete the process.
RIGHTS AND RESPONSIBILITIES OF THE PETITIONER AND RESPONDENT: Both the petitioner and the respondent are equal before the law. The Tribunal notifies each party by mail as the case progresses. Both parties have the right to have an advocate represent them if they so wish. They have other rights as well as responsibilities that the law gives and the Tribunal protects.
CANONICAL GROUNDS: In every case, grounds recognized in canon law will be the basis for the initiation of a marriage case. For a marriage to be declared invalid, it must be able to be proven that the validity of the marriage was compromised by an essential defect, either in the quality of consent, or the capacity of the persons to undertake and fulfill the obligations of marriage even though circumstances may have hidden this defect at the time of the wedding. Valid marriages do not become invalid nor do subsequent difficulties cause a marriage to become retroactively invalid. If there is no evidence of the existence of canonical grounds, the petition will be rejected by the Court.
CONFIDENTIALITY: The Tribunal of the Diocese of Springfield-Cape Girardeau is the judicial branch of government in the Diocese. It upholds the canon law of the Catholic Church and promotes the pastoral welfare of the Christian faithful. Tribunal procedures in the United States are purely ecclesiastical in nature and are conducted in accordance with the canon law of the Catholic Church. Church law allows the petitioner and the respondent access to the acts of the case with certain restrictions. It is the policy of the Tribunal to disclose the acts of the case only to duly authorized persons or other ecclesiastical Tribunals necessary for the resolution of the case. The confidentiality of the acts of the case is essential for the Tribunal to fulfill its responsibilities under the canon law of the Catholic Church. Any materials received by the Diocesan Tribunal become the property of the Tribunal.
CIVIL EFFECTS OF CHURCH ANNULMENTS: There are absolutely no civil effects to a Church annulment in the United States. It does not affect in any manner the legitimacy of children, property rights, inheritance rights, change of names, adoption, child support requirements, or any other stipulations of the divorce settlement.
FEES: The Diocese of Springfield-Cape Girardeau very generously supports the special ministry of the Tribunal by subsidizing almost 80% of the actual operating costs. We ask Petitioners who avail themselves of our services to pay a fee of $225 for a formal case. At any time during the process the fee may be paid in full or by installments adjusted to the financial situation of the Petitioner. Inability to pay all or part of the fee is never a factor affecting the processing of a case or its decision.
CONCLUSION: The Tribunal staff does not pass judgement on people. Our sole aim is to ascertain the validity or invalidity of a marriage. We are, however, concerned that individuals who approach us obtain peace of mind and reconciliation with the Church. It is our prayer that in our compasssionate probing for the truth, we may prove to be worthy instruments of the love of Christ.
FURTHER INFORMATION: For further information on annulments, please contact Reverend Monsignor Thomas Reidy at 417-866-0841. |