Frequently Asked Questions

A: The most important reason is the spiritual reality. The Catholic party or parties can now enter into a marriage in the Catholic Church. If the party or parties are already in a civil marriage, and if the declaration of marriage nullity is granted, then the party or parties will be able to be in full communion with the Church, including participation in the sacramental life of the Church.

Another important benefit is that the parties can be assured that an objective and thorough examination of a prior marriage has been undertaken, with the primary goal of all Tribunal members having been, simply, to discover and decree the truth. 

Often, a person is wrestling with what has happened in her or his life and finds this objective declaration from the Church to provide a sense of closure and peace of conscience. It is the Tribunal’s hope that this process can ultimately contribute to that wish for closure and peace of conscience.

A: The Catholic Church starts with the presumption that all marriages between one man and one woman (not just marriages that took place in the Catholic Church) are a valid natural marital bond. If the marriage exists between baptized Christians, in addition to the natural reality, marriage is a sacrament, sealed by God, through which God gifts His grace, and which becomes an earthly representation of the mystical marriage of Christ and the Church. It is because of these natural and supernatural realities, anyone wishing to be married in the Catholic Church, must also be free to marry in the Catholic Church.

The Church recognizes that going through the marriage nullity process may be a particularly challenging task for a non-Catholic. However, it is also a real opportunity to act in a sacrificial, loving way for your intended spouse and to demonstrate respect for the Catholic party and his or her faith. Going through a tribunal process can also be a healing experience and help provide closure to a person, even if they are of a different faith.

A: The Catholic Church believes in upholding a person’s natural freedom to marry. However, this freedom is not absolute and does not exist when a prior marriage has taken place. To hold otherwise would be to contradict the Church’s own teaching on the indissolubility of marriage, teachings which are rooted directly from the teachings of Jesus in the Gospels (see Mark 10:1-12; Matthew 5:31-32; 19:1-12; Luke 16:18).

Generally, by publicly exchanging marital promises, people create a presumption that a valid and indissoluble marriage bond has been formed. The exchanging of consent is not only a personal matter, but a public reality which includes a covenantal union, a sacramental and a juridical reality. It is the Church’s practice that an external investigation is conducted to help the person to present the contention that this exchange did not result in a valid or sacramental bond.

A: The formal marriage nullity process itself is not “easy” in that it typically involves answering many detailed and personal questions about oneself, one’s former spouse, and one’s marriage, as well as providing witnesses, documents, records, and waiting sometimes lengthy amounts of time. All while bearing in mind that there is not a guaranteed outcome to the process.

Further, the Church’s law, which flows from the teaching of Christ and constant Christian tradition, outlines specific reasons why a marriage may be null or invalid. As a result, the “ease” of proving that one’s marriage is invalid according to the Church’s law and teachings, depends primarily upon the particular circumstances of each person’s situation. 
 

A: Children born of a marriage which was presumed to be valid at the time of the children’s birth are always considered legitimate in the Church’s law. Further, if the parties entered marriage by observing all the legal requirements of the state, then any offspring born of the marriage are civilly “legitimate.” Neither a civil divorce nor a declaration of marriage nullity changes the status of the children born to parents who met all legal requirements at the time of marriage. 

A: Since the Church presumes that the prior marriage is valid in the eyes of God until one of the parties dies, unless one of those parties proves otherwise, then a marriage blessing in the Church is not possible while going through a marriage nullity process. 

A: There are many variables in a marriage nullity proceeding. Some examples of such variables are: the participation of the other spouse, the response time of witnesses, and the number of cases currently being processed by the Tribunal. Generally speaking, however, a formal marriage nullity case with the Tribunal of the Archdiocese of Indianapolis takes approximately twelve to eighteen months from the date the case is officially accepted by the Judicial Vicar – not from the date the case is submitted to the Tribunal. 

A: Payment is neither requested nor accepted by the Tribunal of the Archdiocese of Indianapolis.

A: Tribunals are bound by the Church’s laws governing these processes. This requires that the Tribunal make every reasonable effort to find and notify the other party and to invite and allow that person to participate in the process if he or she wishes. The parties are never called into the Tribunal together. There will be no face-to-face meetings between former spouses nor is personal contact information provided to either party. While both spouses have the right to participate, they do not have to both agree that the marriage is null in order for a declaration of marriage nullity to be pronounced by the judge. The case is judged on the basis of the evidence presented.

A: Because a declaration of nullity is about the marriage, it is not possible to grant a declaration of nullity solely to one party. If the marriage is declared invalid, then both parties will be free from that bond of marriage. Just as a marriage entered into is a marriage for both parties, a declaration of marriage nullity declares a marriage invalid for both parties.