by Fr. Steven Snitily
Judicial Vicar, Diocesan Tribunal Office
In our modern American culture, divorce has become much more common over the past 50 years. However, the Church’s teaching on marriage has remained steadfast.
The Church teaches that marriage is between one man and one woman and that nothing but death can break the bond of marriage. This teaching is based on the teaching of Jesus, who said, “What God has joined together, no human being must separate” (Mark 10:9). Jesus also said, “Whoever divorces his wife and marries another, commits adultery against her” (Matthew 5:32).
Does this teaching mean that it is impossible for a faithful Catholic to divorce and remarry? Even when a couple separates and divorces, the Church teaches that each spouse is bound by their marriage vows. The only way one of the spouses could remarry within the Church would be if the other spouse dies or if they have obtained a declaration of nullity for their marriage.
A declaration of nullity does not break the bond of marriage, but declares that it was null from the beginning. All marriages are presumed valid until proven otherwise.
In order to obtain a declaration of nullity, one of the spouses must petition the diocesan tribunal to investigate the validity of their marriage. This investigation is a process governed by Canon Law, the law of the Catholic Church. The process is similar to, but certainly not identical to, the court system in the United States; it involves judges, depositions, witness testimony, notaries, translators, advocates, decrees, and sentences. The purpose of this entire investigation is to determine whether a marriage can be declared null and, therefore, whether a person is free to marry in the Church.
A Catholic who wants the tribunal to investigate the validity of his marriage should begin the process with his parish priest. Any priest in the Diocese of Lincoln is able to assist a parishioner with filling out the proper application and submitting the necessary documents. The Catholic person who is applying for the declaration of nullity is called the petitioner.
When a petitioner submits his application, he will also be asked to write a narrative. The narrative is a sort of autobiography, and it is his chance to tell his story about his background and his relationship with his former spouse. Once the tribunal accepts the application, the petitioner will be asked to come to the chancery to give his deposition. The deposition is taken by one of the judges, a priest who has a degree in Canon Law. The deposition is recorded and transcribed so that all three judges will be able to read it.
The petitioner’s former spouse will be contacted and invited to participate in the process. If the former spouse chooses not to participate, the process moves on without that person. The judge will then contact the witnesses that were named by the petitioner (usually 4-6) and those named by the former spouse, if witnesses were named. The witnesses are sent questions about the background of the parties and about their relationship with each other. Each witness is given the opportunity to give his testimony in writing or by speaking directly to the judge. Once all of the witness testimony is gathered, the judges review the case to determine if more witness testimony is required.
The case will also be reviewed by the Defender of the Bond. The Defender of the Bond is a priest with a degree in Canon Law, whose responsibility is to defend the bond of marriage by arguing why, according to Canon Law, the marriage was valid and should not be declared null.
When the gathering of evidence has concluded, the judges judge the case. There are three judges assigned to each nullity case. The judges discuss the evidence and decide whether the marriage can be declared null with moral certitude.
Some of the possible reasons for declaring a marriage null would be: if one of the spouses did not intend marriage to be permanent; if one of the spouses refused to have children; if one of the spouses was getting married due to force or fear; if one of the spouses was a baptized Catholic, but married outside the Catholic Church; if one of the spouses was gravely lacking maturity or lacked psychological capacity. Once the judges have reached their decision, both spouses are notified and given the option to appeal the decision to the tribunal of the Archdiocese of Omaha or directly to Rome.
A person who desires to petition the tribunal for a declaration of nullity does not need to be an expert in Canon Law. Their parish priest and the members of the tribunal do their best to assist people through the process and are always happy to answer questions along the way.
Presently, the costs of the tribunal are covered by the annual Charity and Stewardship Appeal. Therefore, there is no fee for those who wish to apply. For help beginning the application process, feel free to contact your parish priest or any priest of the Diocese of Lincoln.
