Diocese of Winona Tribunal
General Questions on the Annulment Process
The term "annulment" is a misnomer since it connotes "nullification," or the making null of a marriage. This indeed is not what the Church does in the so-called annulment process. The process is an investigation about whether the marriage in the case was a valid marriage from the beginning according to the law of the Catholic Church. In most cases, the parties in the case are asking the Church to examine the evidence and determine whether the parties' consent was invalid.
Marriages are not easily or automatically declared null, but the Church recognizes and protects the fundamental right to accuse one's marriage of nullity, since the validity of one's marriage is in an integral part of the person's journey of faith and relationship with God. Top
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Catholics who are divorced often wonder if it is necessary to have their marriage declared null by the Church before they can receive the sacraments of the Church. The answer to this question depends on one's situation.
If a person has divorced his spouse, he is not forbidden from receiving Holy Communion. It may be necessary to receive the Sacrament of Penance if the person committed serious sins during the marriage or on the occasion of the divorce. But the person in no way excludes himself from the normal participation in the sacramental life of the Church.
The situation is quite different, though, for a person who has not only divorced his spouse but also attempted remarriage. This person is not permitted to receive Holy Communion, and the minister of Holy Communion has an obligation to refuse Holy Communion to such a person who might present himself for the reception of Holy Communion. (For more on this topic, click here.) In addition, as long as this person persists in the attempted remarriage, his sins cannot be absolved in the Sacrament of Penance, since absolution requires repentance from all sins and a firm purpose of amendment. Top
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DIVORCE
The Catechism of the Catholic Church explains that, while divorce is a grave matter and a source of great disruption to the conjugal bond, the family and society, there are legitimate reasons for seeking a permanent civil-legal separation from one's spouse (nos. 2383-2386). Nevertheless, such civil arrangements do not affect the existence of the marriage bond before God. For he has clearly taught that what He has united, no human being can divide (Matt. 19:6).
ATTEMPTED REMARRIAGE
For this reason, when a man and woman obtain a merely civil dissolution of their civil marriage contract, they are still considered to be bound to each other in holy matrimony. While this bond may no longer be emotional, it remains a true moral bond by God’s own will. Therefore, the divorced man and woman are not morally free to enter a new marriage, since only death breaks the bond of marriage.
If one should attempt to enter another marriage, not only will this marriage be invalid according to the law of the Church but it will be gravely immoral. The Son of God Himself describes such an act as adultery, which is forbidden by the Sixth Commandment of the Decalogue (Exodus 20:14). Indeed, Jesus says: “Everyone who divorces his wife and marries another commits adultery” (Luke 16:18a; see also Matt. 5:31-32; Mark 10:11-12; Rom. 7:2-3); logically, one who marries a divorced person also commits adultery (Matt. 19:9).
It is for this reason that Catholics who have divorced and attempted remarriage are prohibited from receiving Holy Communion. For, even if the local community and the person's family have accepted the person's life choice and derive no surprise or confusion from the fact of their remarriage, remarried persons are living in a state of objective scandal; they have publicly committed themselves to a perpetual life of adultery in spite of the clear teachings of Jesus Christ. If such persons were to receive Holy Communion, one could easily be led to believe that remarriage is not a grave matter, or one might become confused about the teachings of Christ and His Church. All of this has been reiterated frequently by the authoritative Magisterium of the Church in the teachings of His Holiness, Pope Benedict XVI, of the Servant of God John Paul II, of the Congregation for the Doctrine of the Faith, and of the Pontifical Council for Legislative Texts.
THE DECLARATION OF NULLITY
In light of this strong and clear teaching of Jesus Christ—who is the Way, the Truth, and the Life—how is it that the Church can declare that people who have been married before may marry again. For this is what the Church does at the end of the Tribunal process. The Church never disregards Her Lord's perfect teaching; rather, she admits the possibility that, when two persons seemingly entered marriage, God did not actually create a marriage bond. God does not force people to get married if they do not truly want to enter marriage or if they are actually incapable of entering marriage. This is a basic conclusion of natural law and our understanding of God's gift of free will. And so, in the Tribunal process, the Church poses the question of whether the parties ever truly consented to the marriage; if it is proven that they did not, then their marriage was invalid from the beginning and they are free to enter marriage as if for the first time.
GOD AND LAW
Some attempt to harmonize God’s love and mercy with the decision to enter an invalid marriage. Undoubtedly, such an attempt pits God against himself: on the one hand, He insists that the bond of marriage between the baptized cannot ever be broken (except by death), and on the other hand, He is said to permit a marriage bond to be “overlooked” or “pardoned” for the sake of a new human relationship. I think people come to this because they in some way contrast the “God of love” and the “God of law.” Such a contrast, however, is irreconcilable with the message of Our Redeemer. Indeed, the One who fulfills the Law (Matt. 5:17) teaches us that it is in keeping his commandments that we abide in his love (John 15:10); this is the beginning of how we love God (1 John 5:3). Top
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Can I Begin to Prepare for Another Marriage?
In the very application for a Tribunal process, the Petitioner is required to agree to delay any preparation for a subsequent marriage. Why is this?
In the first place, subsequent marriage preparation assumes that the marriage in the case will be declared invalid and that the Petitioner will eventually be free to marry again. This is a very dangerous and uncertain assumption, since there is no guarantee that a marriage being considered by the Tribunal will be declared null. There can be no certainty of this until the marriage has actually been definitively declared invalid by the Tribunal.
We urge Petitioners to delay all concrete marriage plans and to open their hearts to God with trust in the Church. It is entirely possible that a Petitioner will not ever regain the freedom to marry; the only sound response to this is prayerful, trusting surrender of one’s life to God.
In addition, even if a marriage is eventually declared invalid, there is no way to predict with certainty when this will occur. Therefore, all the pastors of the Diocese of Winona are well aware that they cannot schedule any weddings until the Petitioner’s marriage has been declared null. Top
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What are the Odds of Getting
an Affirmative Decision?
By “affirmative decision,” we mean a declaration that the nullity of the marriage has been proven (“an annulment”).
The actual percentage of cases resulting in an affirmative decision is constantly fluctuating, so none can be indicated here. In recent years, though, over half of the cases have resulted in an affirmative decision.
This is by no means a quota of the Tribunal. The Tribunal can only declare a marriage null if it is proven to be null; and the burden of proof is on the Petitioner. Top
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The expenses incurred in carrying out the Tribunal process are typically over $800. Thanks to the kindness of His Excellency, Bishop John Quinn, the Bishop of the Diocese of Winona, the Tribunal process in itself is carried out at no expense to the Petitioner in this Diocese, since it is covered by the Annual Diocesan Appeal. We customarily invite the Petitioner to consider prayerfully a donation to the Tribunal since the Tribunal is able to do its work through the financial generosity of the People of God of the Diocese of Winona.
It can happen that, when a person begins the process, the Winona Tribunal discovers that it does not have jurisdiction over the case. When this happens, the case needs to be presented to another Diocese; and that Diocese may in fact require a fee in order to handle the case. This fee is usually around $400-650. Top
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The Tribunal process is confidential, in a manner of speaking. None of the documentation submitted in a given case and none of the acts of the judges are made available by the Tribunal to any witnesses, family members, or friends of the parties under any circumstances. Nor will any information ever be made known by the Tribunal to the general public or any private inquirer.
The only people who will have access to the contents of a case are the following:
1) the officials of the Tribunals who handle the case; this includes the judges, defenders of the bond, promoters of justice, advocates, experts, and notaries of the Winona Tribunal and the appellate Tribunal(s);
2) the Respondent, who has a right to review the Acts of the case at the Tribunal (but not receive copies of them) and to receive a copy of the final decision.
In addition, if the Tribunal declares a marriage null, this information is sent to the parish where the Catholic party or parties were baptized. A notation of the declaration of nullity is made in the parish baptismal register and on any baptismal certificates created regarding the party. Top
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The Diocese of Winona Tribunal has jurisdiction (or competence) over a given case if any one of the four following scenarios applies to a case (canon 1673):
1) The marriage was celebrated somewhere in the Diocese of Winona;
2) The Respondent (former spouse of applicant) lives somewhere in the Diocese of Winona at the time that the case is being brought forward;
3) The Petitioner (applicant) has a permanent residence in the Diocese of Winona, provided that the Tribunal gets the consent of the Tribunal of the place where the Respondent lives, which must be somewhere in the U.S.A.; that Tribunal must first consult the Respondent before it gives its consent;
4) A majority of the witnesses and documents to be gathered in the case are present in the Diocese of Winona; once again, the Tribunal needs the consent of the Tribunal of the place where the Respondent lives. Top