Canon Law and the Annulment Process

Canon Law is the law used to govern the Catholic Church.

There are currently two legal codes in force in the Catholic Church: the 1983 Code of Canon Law which governs the Latin (i.e. Roman) Catholic Church and the 1990 Code of Canons of Eastern Churches, governing the many Eastern Catholic Churches. The Archdiocese of Indianapolis is a Latin Catholic diocese. However, these codes are not the only sources of ecclesiastical law, which can also be found in the general decrees and other related ordinances given by the Roman Pontiff, diocesan bishops, and other competent ecclesiastical legislators.

A Tribunal is a group of people appointed by the Bishop of a diocese to oversee and carryout Canon Law for a specified diocese.

A Declaration of Nullity, sometimes referred to as an annulment, is a statement made by the Catholic Church that the marriage in question was declared to have been invalid from the beginning. 

A Declaration of Nullity can be the result of the Formal process used by the Tribunal of the diocese to examine the validity of a marriage that has been dissolved. A Declaration of Nullity is  granted when the Judge has issued an affirmative sentence and it becomes executive according to the norm of law. 
 

A Declaration of Nullity is required for people who have been previously married and are seeking marriage in the Catholic Church.

A Declaration of Nullity can be sought from the diocese that you or your former spouse reside. You can also seek a Declaration of Nullity from the diocese where you were married. 

Preliminary Stage: The person applying for the Declaration of Nullity (Petitioner) completes and submits all forms and the case is assigned a number 

1) Petitioner works with a Field Associate or a Tribunal Advocate to determine the case type and prepare all preliminary paperwork.

2) Paperwork is submitted to the Tribunal for review.

3) A Tribunal Advocate reviews the preliminary documents and assists the Petitioner to complete the petition (libellus).

Introductory Stage: the case is accepted, parties are cited, and the grounds are determined:

1) Acceptance of the case: the Judicial Vicar reviews the petition (libellus) and decides if he can accept it according to the norm of law.

2) Citation: Both principal parties and the Defender of the Bond are notified of the acceptance and the Respondent is invited to participate.

3) Joinder of the Issue: The ground(s) on which the case will be investigated are set by the Judicial Vicar and the parties are notified.

Evidence Gathering Stage: Witness testimony is gathered, analyses are collected, and the case is published for review.

1) Opening of Instruction:  Evidence/testimony gathering begins.

2) Witness Contact: Witnesses are contacted and given 30 days to reply to the intial citation.

3) Publication of the Case: Case materials are ordered, pages are numbered, and the case is bound for review. Though the name may sounds as though the case is made public, the case materials are confidential to those not listed as assigned tribunal personnel and those who are not the principal parties (Petitioner and Respondent).

4) Appointment of Advocates: If either party requests the assistance of an Advocate, or the Judge feels the case would benefit from further assistance, an Advocate will be offered to any party participating in the case.

5) The parties are invited to review and respond to the published case materials.

6) Analysis of the Assessor: The Judge appoints assessors who are expert in particular fields to review the case materials, interview one or both parties, and respond to the judges' questions. Examples of assessors include psychological experts or cultural experts. These assessors are used according to the norm of law to provide insight and expertise to a case.

Discussion Stage: The case is reviewed and arguments submitted by the staff assigned to the case.

1) Animadversions: The Defendor of the Bond submits his/her observations regarding the case and any reasonable arguments in favor of the validity of the marriage.

2) Advocate Briefs: If appointed to the case,  the Advocate(s) of the party(ies) will review the evidence and offer arguments on behalf of his/her clients.

Decision stage:  An affirmative or negative decision is rendered 

1) The Judges assigned to the case  review the case materials and the submitted arguments. 

2) The Judges assigned to the case prepare votums offering their opinions on the validity of the marriage.

3) The Judges meet and discuss their votums, argue their positions, and reach a decision about the validity of the marriage. 

4) The parties are informed of the decision and have the ability to review or obtain it and to lodge an appeal or seek recourse against the decision according to the norm of law.

5) The decision becomes effective after 15 days if no appeals or recourse are pursued according to the norm of law.

6)If the decision is in the affirmative, the parishes where the wedding and baptisms for both parties are notified to make a note of the decision in the sacramental registries.