All Saints Catholic Church - Cedar Rapids, Iowa

The Church acknowledges that some marriages do not endure despite a couple's best effort. A declaration of invalidity from the Church is possible when it can be proved that an element essential for the establishment of the marital bond, while presumed to be present, actually was lacking when the parties married. Such a declaration is an acknowledgement that, though the couple may have married in good faith, their union did not qualify as a marriage in the eyes of the Church. This declaration would allow the parties rightfully to marry again. For a Catholic, this would mean that they could marry in the Church.

• Lacked sufficient use of reason
• Lacked the degree of discretion of judgement that is proportionate to marriage
• Was psychologically incapable of assuming the essential rights and obligations of marriage
• Was ignorant about the true nature of marriage
• Was in error about a quality of the person he or she was to marry
• Was deceived by fraud in order to get him or her to marry
• Intended to enter some kind of union, but not a marriage, as the Church understands marriage
• Did not freely marry due to some force or grave fear inflicted from outside the person

The Petitioner contacts his/her parish pastoral leadership (Pastor or Pastoral Administrator) who will put him/her in touch with an Advocate. The Advocate will help the Petitioner complete the petition, which contains some background information, and briefly, the reason why there might be grounds for a declaration of invalidity. The Tribunal will notify both former spouses when the petition is accepted.

Both parties will be informed of the suggested grounds and are asked to indicate whether they have any objections to those grounds. Both parties are offered the opportunity to offer testimony and to suggest witnesses who can corroborate his/her testimony. Those witnesses are contacted by mail. The evidence they provide is essential to the completion of a case. Counseling records are sometimes requested. These records are confidential to the Tribunal and are used only for the purpose of the study of the marriage.

When all the evidence is collected, the Defender of the Bond will give an opinion on whether there is sufficient evidence and whether the proper procedures have been followed. The Judge then studies the evidence, makes a decision, and writes up that decision. A Second Instance Court must confirm every affirmative decision. When two affirmative decisions have been issued, the parties are notified, as are the churches of Catholic baptism and the Catholic church of marriage.

This process takes about 9-12 months on average

There is a $450 fee for a Petition of Invalidity. However, no person is ever denied the services of the Tribunal for lack of ability to pay.

For more information on annulment, please see this publication put out by the tribunal or contact the pastor