Understanding your marriage: A petition for a declaration of

Understanding your marriage:

A petition for a declaration of invalidity

of marriage in the Catholic Church.

Tribunal

Diocese of Cleveland

Introduction and welcome

You have this booklet because you are either seeking an “annulment” as

a petitioner, are involved in the process as the petitioner’s divorced spouse

(the respondent), or are simply curious about the Catholic Church’s

“annulment” process.

What is commonly called an “annulment” is better understood as a

declaration of invalidity — a statement by the Catholic Church that a prior

marriage bond did not exist according to the teachings of the Church.

In order to understand how the Catholic Church can declare a marriage

invalid, you must first understand how the Church understands marriage. The

Catholic Church uses the word ‘marriage’ in a way that is different from how

that word is often used nowadays.

The Catholic Church believes that God is the author of marriage, not

civil courts or legislators. Marriage is revealed and established by God in

Sacred Scripture and as taught by the Catholic Church under the guidance of

the Holy Spirit. Marriage is for life; the bond of marriage is not broken by

civil divorce, and the spouses are not free to have another relationship which

contradicts the bond of their marriage.

Marriage is brought about by the consent of the couple often expressed

by their “I Do’s” at the wedding ceremony. The couple must express this

consent according to the law applicable to them: e.g., for Catholics, the

consent to marry must be manifested before a priest or deacon and two

witnesses. This is called ‘canonical form’ which is required for the marriages

of all Catholics unless the bishop has dispensed them from the requirement.

For a valid marriage, the couple must not intend to exclude certain basic

elements (“goods”) from their marriage which have been ordained by God

as part of the nature of marriage. Both parties must not exclude consent to a

marriage that is open to their mutual rights to attempt to have children, which

obliges them both to be faithful, and which cannot be dissolved by them.

Both parties must enter marriage without placing any condition on their

consent. And both parties must be psychologically capable of consenting to

marriage and of fulfilling the obligations of marriage.

If any of these was lacking, the marriage was invalid from the beginning.

And if sufficient evidence is presented to the tribunal, the marriage can be

declared invalid.

Even if a marriage is declared invalid, children conceived or born of the

an invalid marriage are still considered to be legitimate. If a marriage is

declared invalid, then both parties are free to marry in the Catholic Church.

We hope that this brochure will answer some of the questions you may

have and make a difficult legal process in the Church more accessible and

understandable to you. If you are a party in a case, either the petitioner or the

respondent, this process may open your heart and mind to memories both

joy-filled and sad. At each step of this journey, place your faith in God and

allow Him to heal your hurts and multiply your joys.

Sincerely yours in Christ,

The staff of the tribunal of the Diocese of Cleveland

Contents

Introduction and welcome ............................................................................. 2

Contents .................................................................................................. 3

The Process ...................................................................................................... 5

A note about marriage cases and testimony ............................ 5

Getting started .............................................................................. 6

Preparing the initial petition ....................................................... 6

Meeting with a Case Specialist ................................................... 7

Which tribunal can hear the case? ............................................. 7

Accepting the petition ................................................................. 9

Contacting the respondent ......................................................... 9

Determining the grounds............................................................ 9

Staff of the tribunal ................................................................... 10

Gathering evidence .................................................................... 10

Reviewing the evidence ............................................................. 11

Conclusion of the case .............................................................. 11

The decision ................................................................................ 11

Appeals ........................................................................................ 12

Preparation for a new marriage ............................................... 12

Grounds .......................................................................................................... 13

Common grounds ................................................................................ 14

Grave defect of discretion of judgment concerning the

essential rights and obligations of marriage (canon 1095,

2˚) .......................................................................................... 14

Incapacity to assume the essential obligations of marriage

(canon 1095, 3˚) .................................................................. 14

Deceit (canon 1098) .................................................................. 14

Error determining the will: indissolubility of marriage (canon

1099) ..................................................................................... 15

Total simulation of marriage (canon 1101, §2) ..................... 15

Partial simulation of marriage: exclusion of ‘the good of

indissolubility’ (canon 1101, §2) ....................................... 16

Partial simulation of marriage: exclusion of ‘the good of

fidelity’ (canon 1101, §2) ................................................... 16

Partial simulation of marriage: exclusion of ‘the good of

children’ (canon 1101, §2) ................................................. 16

Reverential fear (canon 1103) .................................................. 17

Rare grounds ......................................................................................... 18

Lack of use of reason (canon 1095, 1º) .................................. 18

Error of person (canon 1097, §1) ............................................ 18

Error determining the will: sacramentality of marriage (canon

1099) ..................................................................................... 19

Partial simulation of marriage: exclusion of ‘the good of the

spouses’ (canon 1101, §2) ................................................. 19

Future Condition (canon 1102, §1) ......................................... 20

Force (canon 1103) .................................................................... 20

Frequently asked questions .......................................................................... 21

How long does the process take? ............................................ 21

Can I set a tentative wedding date during the process? ....... 21

Is there a fee? .............................................................................. 21

What about the children? .......................................................... 21

Is a divorced Catholic excommunicated from the Church? 21

The Process

The process to declare a marriage invalid (also known as an

“annulment”) follows clear procedural rules. These rules help to guide the

search for the truth when a question is raised about the validity of a marriage.

They also help to protect the rights of all parties involved, and to ensure that

each case before the tribunal is handled fairly and objectively.

The following pages outline the various steps in a marriage trial as

prescribed by the Church’s law and the practice of the Diocese of Cleveland

Tribunal. It is just a brief summary of the process that we follow.

A note about marriage cases and testimony

The tribunal is not seeking to assign blame for the ‘failure’ of a marriage.

Instead, the judges are looking principally at how the marriage began — at the

time of the wedding — and not how the relationship ended. The judges gather

the facts of the relationship, focusing their attention around the time of the

wedding. To do this, the court will ask questions of petitioners, respondents and

witnesses, either by personal interviews or through written questionnaires. In all

cases, the judges make decisions based on the facts as presented in the evidence.

Some of these facts may seem embarrassing. At times it may be necessary

to tell of events that are painful to recall or that seem to indicate blame or failure.

And, even though the judges are looking principally at how the marriage began,

later events may be relevant and helpful to the judges.

In giving testimony, we ask that parties and witnesses be completely honest

and open, allowing the judges to search for the truth of the matter, and not to be

concerned about moral or ethical judgments.

Although the information we gather is confidential, this confidentiality is

not the same as absolute secrecy. For example, the petitioner and the respondent

in a case both have the right to view the evidence under controlled conditions,

so that they can supply additional evidence which they believe will help the court

to come to the right decision. Information we learn regarding the abuse of minors

may be required to be shared with civil officials and Church authorities, according

to the applicable civil and canon law.

Getting started

To determine if you need to petition for a declaration of nullity and how

to get started, you can do one of the following:

1. Meet with a priest, deacon or lay minister at your parish. If he

or she is not able to help you directly, you will be referred to

someone who can.

2. Call the tribunal at 216-696-6525 ext. 4000.

3. Fill out a form on the tribunal website, requesting a referral to a

Case Specialist: www.dioceseofcleveland.org/tribunal

4. Attend a presentation given by the tribunal staff.

Preparing the initial petition

1. The first step is to fill out the preliminary forms and answer

questions about the marriage under review. The Case Specialist

will assist with filling out the forms. The spouse who asks the

Tribunal to investigate the marriage is called the petitioner, since

he or she is the one who ‘petitions’ the tribunal to hear the case.

The other spouse is called the respondent, since he or she

‘responds’ to the petitioner’s initiative.

2. The petitioner gathers the documents which will be submitted

with the petition. These must be original or certified documents

and include the following:

• A Baptismal Certificate (if the Petitioner is Catholic, issued

within the last six months)

• The Marriage Certificate and License Application

• The Judgment Entry of Divorce from the civil court.

3. When all the paperwork is completed, the Case Specialist

submits the petition to the tribunal.

Meeting with a Case Specialist

Every person seeking an declaration of invalidity of marriage from the

tribunal of the Diocese of Cleveland works with a Case Specialist to prepare

the petition prior to submission.

Normally, the Petitioner will meet two

or more times with their Case Specialist at

a local Catholic parish. The Case Specialist

will review the forms and all of the

required paperwork. The Case Specialist

will also help the petitioner to suggest one

or more grounds (reasons) for which the

marriage might be declared invalid. Every

case must have at least one recognized

ground. Together with the Case Specialist,

the petitioner will write a one-page statement regarding the proposed

grounds, stating why the petitioner believes the ground applies to the

marriage.

The Petitioner will also submit the names and addresses of several

witnesses who have relevant knowledge regarding the marriage, and relevant

to the grounds. The best witnesses are persons who knew both parties before

and during the marriage. Witnesses may be co-workers, friends, neighbors,

or family members. There should be at least one witness who can speak to

the respondent’s perspective on the marriage. Although it is not required, it

is often helpful for the petitioner to speak personally with each witness, to

inform them that they will be contacted by the tribunal and to encourage

them to reply to the tribunal. Children from the marriage under investigation

are not normally used as witnesses.

The Case Specialist will also help the petitioner to read and sign the

tribunal Statement of Understanding. This should help the petitioner to know

what to expect when submitting a case. If you have any questions, be sure to

ask your Case Specialist or call the tribunal.

Which tribunal can hear the case?

A tribunal must have ‘competence,’ or canonical jurisdiction, over a

petition before it can accept it. For a marriage case, a tribunal has jurisdiction

if:

• the wedding took place within the territory of the diocese; or

A Case Specialist is a

trained person approved by

the Bishop of Cleveland to

help a petitioner to submit a

marriage case to the tribunal,

and to support a petitioner

(or respondent) throughout

the course of the case.

• the petitioner or respondent lives within the territory of the

diocese; or

• most of the witnesses or other evidence are found within the

territory of the diocese.

The Diocese of Cleveland encompasses the following counties in the

State of Ohio: Ashland, Cuyahoga, Geauga, Lake, Lorain, Medina, Summit,

and Wayne.

Accepting the petition

Once the case paperwork is received from the Case Specialist, the

tribunal reviews the documents, forms and introductory statements to see if

the petition can be accepted. The tribunal may need the petitioner or Case

Specialist to make clarifications or supply additional documents before the

petition can be accepted. The Tribunal will write to the petitioner and to the

Case Specialist if and when the petition is accepted.

Rarely, the tribunal will not be able to accept the petition for

consideration. If this happens, you will be informed of the reason, and what

you would need to do to have the petition accepted.

Contacting the respondent

When the petition is accepted by the tribunal, the respondent is

contacted. This step is known as the ‘citation of the respondent,’ and is a

crucial part of the process. The letter citing the respondent is sent at the same

time as the petitioner is notified that the case has been accepted.

The respondent’s right to participate is very important, and failure to cite

the respondent or respect the respondent’s rights can result in the tribunal’s

decision being declared null. Every reasonable effort must be made to contact

the respondent and to encourage his or her active participation. The tribunal

encourages the respondent’s active participation because it allows the judges

to hear from both parties of the marriage and come to a better understanding

of the events and circumstances of the marriage.

The respondent is notified that the petitioner has submitted a petition

regarding the marriage, including the reasons the petitioner is claiming that

the marriage is invalid, and the names of the witnesses who have been

proposed. The respondent is invited to testify, to name witnesses, and to

suggest grounds of nullity of marriage. While the respondent cannot be

forced to participate, and some respondents choose not to participate or do

not reply at all, the respondent cannot simply prevent the case from being

heard.

Determining the grounds

The petitioner initially suggested possible grounds and witnesses on the

petition form. This was then sent to the respondent, who was able to state

that whether he or she is in agreement with the petitioner’s proposed

grounds. The respondent may also suggest different grounds.

Once the judges have heard the opinion of the respondent if he or she

has decided to participate, the tribunal will determine the grounds. The

tribunal may set grounds that neither the petitioner nor the respondent

explicitly requested. The tribunal sets grounds based on its assessment of the

initial information received up to that time.

The petitioner and respondent are informed of the grounds that will be

used to investigate the case. They can object at that time, or can ask at any

time that the grounds be changed. However, it is always the tribunal in the

case which decides the grounds to be used. The input of the parties is

important, but they do not choose the grounds.

Staff of the tribunal

When the grounds are chosen, the petitioner and the respondent are

informed of the names of the tribunal officers who will be working on the

case. There will be three judges, one of whom will have day-to-day

responsibility for the progress of the case; there is an auditor who assists the

judge, conducts the interviews, and is usually the one who will speak with the

parties by telephone; and the Defender of the Bond.

The Defender of the Bond is obliged to defend the marriage by pointing

out for the judges the elements in the case which seem to support the validity

of the marriage bond. The defender of the bond has a very important role in

safeguarding the process and the bond of marriage.

Gathering evidence

Once the grounds have been chosen, the witnesses will be cited and

asked to give their testimony in writing or by contacting the tribunal for an

interview. It is helpful if the party who named the witness can encourage

them to reply to the tribunal’s questions completely and truthfully.

The tribunal normally interviews the petitioner, and invites the

respondent to be interviewed if he or she has expressed interest in testifying

further or if it seems especially relevant to the case. The evidence-gathering

stage of the case is usually the longest part of the case, as the judge reviews

the evidence gathered and makes ongoing decisions about how the evidence

addresses the grounds, and what additional evidence might be relevant.

Many grounds require a psychologist or similarly trained professional to

give insight on how a decision to marry was made and what life experiences

may have affected that decision. This person is called an expert witness.

Usually the judge will decide if the involvement of such an expert witness

would be necessary after gathering statements from the witnesses, the

petitioner, and the respondent. If necessary, the petitioner, and sometimes

the respondent, would be asked to arrange an appointment with the expert

witness chosen by the judge.

Reviewing the evidence

When the judge believes that all of the available evidence relevant to the

grounds has been gathered, the acts (documents used as evidence) are

‘published.’ The petitioner and respondent are informed that they have the

right to review the evidence at the tribunal offices and to make additional

comments or suggest additional evidence. This is optional; the parties are not

required to review the evidence. The purpose of the review is so that the

parties can be confident that the tribunal has all the information it needs to

make the right decision. If either party lives outside the Diocese of Cleveland,

this review may be done at another diocesan tribunal or at another suitable

location. The parties may not takes copies of the evidence.

Conclusion of the case

After the parties have had the opportunity to review the acts of the case,

and after any additional evidence has been gathered, the case is ‘concluded.’

This does not mean that a decision has been made yet; it means that it is now

time for arguments based on the evidence gathered in light of the canon law

of marriage. The parties and the Case Specialists may write briefs if they

choose.

The defender of the bond will write a brief in favor of the bond of the

marriage. He or she will point out to the judges all the facts and arguments

which suggest that the marriage is valid.

The decision

After the arguments are completed, the case will be considered by each

of the three judges in turn, who will write a written opinion. The judges will

then meet and discuss the case. If there is doubt, the judges must decide in

favor of the bond of the marriage. At the end of the meeting the judges will

vote, and make a record of the decision. Then one of the judges will write up

the decision in a ‘sentence,’ which uses the facts of the case and the relevant

canon law of marriage to explain the decision in the case. When the sentence

has been written, the parties will be informed of the decision in writing.

The decision may be in favor of nullity—that is, the marriage is proven to

have been invalid, and therefore the parties are not bound by the bond of

that marriage. Or the decision may be in favor of the bond—that is, the marriage

is not proven to have been invalid, and therefore the parties remain obliged

by the bond of the marriage.

The parties may contact the tribunal to read the sentence. If the marriage

was declared invalid and there was no appeal made within the time limit, the

parties will be notified that they are no longer obliged by the bond of the

marriage, and are free to consider another marriage if they wish to do so.

Appeals

If a party is dissatisfied with the decision, he or she may appeal against

it. Before making an appeal, it is usually a good idea to read the sentence to

understand why the decision was made. It is not required to offer additional

evidence, but the appellant may wish to consider what additional evidence

might persuade the appeal court to come to a different decision. Even-

numbered cases are appealed to the Archdiocese of Cincinnati, and odd-

numbered cases are appealed to the Diocese of Toledo. The appellant also

has the right to choose the Roman Rota as the appeal court.

When a decision in favor of the nullity of the marriage is not sufficiently

supported by the evidence, the defender of the bond is obliged to appeal

against it.

Preparation for a new marriage

If the tribunal finds in favor of the nullity of the marriage, the parties are

free to prepare for a new marriage. In order to ensure that the problems

which caused the invalidity of the previous marriage do not affect a future

marriage, the tribunal may require special precautions to be made during

marriage preparation. This may require individual counselling or couple’s

counseling with the intended new spouse.

A subsequent marriage in the church should take place in a way which

does not cause the community to question the indissolubility of marriage.

Grounds

Every marriage case must consider at least one reason recognized as

causing invalidity of marriage. These reasons are called ‘grounds.’ Although

the grounds are explained in the Church’s canon law, they are based on our

Catholic understanding of what makes marriage.

With the support of the Case Specialist, the petitioner will suggest

grounds that may be relevant to his or her marriage. The respondent will have

the opportunity to make observations regarding these grounds, and to

suggest other grounds which may apply. The tribunal will then decide which

grounds appear to be most relevant, based on the information gathered at

that time. The parties may object to these grounds if they wish. The grounds

form the basis for the ongoing investigation (for example, receiving the

testimony of the witnesses, interviewing the parties, and involving an expert

witness). As the evidence is being gathered, it may become apparent that a

different ground is more relevant. The parties can request that the grounds

be changed.

The more common grounds of nullity are listed on the following pages,

together with a brief description of the ground and a list of questions to

consider. If a person can answer ‘yes’ to most or all of the questions related

to that ground, then the ground may be relevant to the marriage. However,

additional elements would need to be proven before the marriage could be

declared invalid.

If you are beginning a petition to the Diocese of Cleveland tribunal, your

Case Specialist will help you suggest grounds for your case. Before meeting

with your Case Specialist, you should review all of these grounds and mark

those you believe may apply in your marriage. If you are the respondent in a

case, your Case Specialist is able to help you understand the grounds. You

may use this booklet to help you agree with or object to the grounds

proposed by the petitioner and suggest other grounds.

The following list includes some of the more common grounds, and also

some more rare grounds which are less likely to apply. Other reasons for

nullity of marriage exist but for reasons of space and simplicity, are not listed

here.

Common grounds

Grave defect of discretion of judgment concerning the

essential rights and obligations of marriage (canon 1095, 2˚)

 To marry, a person must not be affected by psychological or emotional

problems which prevent him or her from understanding the marriage

he or she is about to enter.

Did either of you suffer from emotional or psychological problems

which affected your decision to marry? Have you had lifelong mental health

problems? Was the decision to marry impulsive? Was either of you gravely

immature? Was your decision to marry caused by some pressing issue (e.g. a

pre-marital pregnancy, desire to escape your home life, etc.) which prevented

you from making a free decision regarding marriage? Did others express

concerns about your decision to marry? Did you see evidence before the

wedding which should have told you not to marry, but you ignored it? Did

you marry for the wrong reasons?

Incapacity to assume the essential obligations of marriage

(canon 1095, 3˚)

 To marry, a person must not be affected by a psychological problem so

severe that it was impossible to fulfil the normal expectations of

marriage.

Were you or your divorced spouse ever diagnosed with a serious

psychological problem? Did either of you suffer from a serious mental illness

at the time of your marriage? Did either of you have any addictions at the

time of the wedding (alcohol, drugs, prescription drugs, pornography, etc.)?

If yes, did the illness or addiction prevent either of you from living out the

commitment you made to each other or to your children? At the time of your

marriage, did either of you have any serious sexual disorder, serious questions

about sexual identity, or homosexual thoughts and actions? If so, did this

affect the ability to live out the commitment of marriage?

Deceit (canon 1098)

 If one of the spouses consents to marriage because he or she was

deliberately deceived about some important quality of the other spouse

which can seriously affect the married life, then the marriage is invalid.

The deceit does not need to be perpetrated by the other spouse; it could

be by another person e.g. a family member.

Did you or your divorced spouse intentionally misrepresent or conceal

information necessary for the other person to make a well-informed marital

decision? Did someone else (a parent or sibling, e.g.) misrepresent or conceal

information necessary for a well-informed marital decision? Was the

deception done intentionally in order to get the other person’s agreement to

marry? If the truth had been known, would the wedding have been cancelled?

If the deceit was later discovered, did it have an immediate effect on the

marriage? Did the separation or divorce occur because the deceit was

uncovered?

Error determining the will: indissolubility of marriage (canon

1099)

 To marry, a person does not need to know that marriage is indissoluble.

However, if a person does not know that marriage is indissoluble and

this error is the reason for marrying, then the marriage is invalid.

Were you or your divorced spouse reared in a home with no religious

practice or belief? Did you or your divorced spouse come from a background

with multiple divorces of family and/or friends? At the time of marriage, did

you or your divorced spouse believe that you could divorce and remarry for

a particular reason or for reasons of your own choice? If you and your

divorced spouse had known that civil divorce does not free you to marry

again, would you have married? Did you consider your marriage to be a “trial

marriage”? Did either of you believe that it was your right to divorce and

remarry at will, as a condition of the marriage?

Total simulation of marriage (canon 1101, §2)

 When someone says “I do” (or similar words) to marry, it is presumed

that they mean what they are saying. But if someone deliberately intends

not to marry, then the marriage is invalid.

Was either of you told to marry by someone else (such as your parents),

against your wishes? Did either of you agree to marry for some reason other

than wanting to spend your lives together as husband and wife? Was there

some reason you decided to go through a wedding ceremony or have a legal

marriage (e.g. to obtain immigration benefits, or for insurance, Social

Security, or financial purposes) without really wanting a true marital

relationship? Did you separate shortly after the wedding or as soon as the

other goal was achieved?

Partial simulation of marriage: exclusion of ‘the good of

indissolubility’ (canon 1101, §2)

 Marriage is invalid if one of the spouses consciously intends to enter a

marriage that could be dissolved.

Did either of you reserve the right to end the marriage at any time and

possibly remarry someone else? Did either of you intend a ‘trial marriage’ to

see if the marriage would be a happy one? Was either of you divorced and

remarried before entering this marriage, and you intended to reserve the same

right in this marriage? Was there a motive for entering such a temporary or

unstable marriage? Did you positively intend to enter a marriage that could

be dissolved through divorce or other means?

Partial simulation of marriage: exclusion of ‘the good of

fidelity’ (canon 1101, §2)

 Adultery that happens later in the marriage, but was not intended on

the day of the wedding, is not, by itself, a reason to declare a marriage

invalid. But if one of the spouses, at the time of the wedding, intends

not to be bound by the obligation of fidelity in marriage, then the

marriage is invalid.

Did either of you come from a family background that included an

acceptance of marital infidelity? Did either you or your former spouse believe

you had the right to have other sexual partners during the marriage? If yes, at

the time of the wedding did you or your former spouse intend to use this

right, should the opportunity present itself? When you and your spouse

promised to be true to each other , did either of you not mean it? Was there

infidelity during the courtship and/or engagement? Did either of you have

another ongoing sexual relationship at the time of the wedding? Did infidelity

occur soon after the wedding? Were there many instances of infidelity

throughout the marriage?

Partial simulation of marriage: exclusion of ‘the good of

children’ (canon 1101, §2)

 To marry, it is not required to have children, nor even to want to have

children. But if one of the spouses intends to deprive the other spouse

of the right to attempt to have children; or intends to have no

involvement whatsoever in the upbringing of children, then the

marriage is invalid.

Did either you or your former spouse believe firmly that you had the

unilateral right to determine when and if you would have children? At the

time of marriage, did either of you intend to delay or postpone child-bearing

until some later time—and when that later time actually arrived, there was

another postponement or refusal to have children? Was this decision to

deny/delay children made before marriage? If there was a pre-marital

pregnancy, was the decision made not to have additional children? If yes to

any of these questions, were there definite means used to avoid pregnancy

(e.g., contraceptives, barrier devices, abortion, surgical sterilization, etc.),

especially against the wishes of the other spouse? Did either you or your

divorced spouse express a firm intent to limit unilaterally the number of

children in the marriage (e.g., I will marry you, but we must only have one or

two children)? Was it non-negotiable? Did either of you have some ulterior

motive or external reason to marry, even though children were not wanted?

Reverential fear (canon 1103)

 If one or both of the spouses chose to enter marriage only because of a

grave fear of displeasing a person important to him or her, the marriage

is invalid. Acting under reverential fear, one chooses to marry because

failure to do so would greatly displease a person important to the party.

Circumstances similar to this ground are often addressed under canon

1095, 2º.

Was either you or your former spouse forced or pressured to enter this

marriage by someone important in your life (e.g., parents, clergy, relatives, a

teacher)? If yes, was the marriage this person’s idea and not yours or your

divorced spouse’s? Was someone making marriage a condition for something

else (e.g., an inheritance, a job, the baptism of your child)? At the time of the

marriage, was either of you especially dependent on parents or others, and if

so, were you deeply afraid of offending them by not marrying? Do you think

the marriage would have occurred if you did not have the great fear of

offending someone you admired or feared losing their respect?

Rare grounds

These circumstances seem to occur only rarely in the United States in the

late twentieth century and early twenty first century. If you think one of these

grounds is relevant to your marriage, first check carefully the grounds listed

above for a more appropriate ground, then consult with your Case Specialist.

Lack of use of reason (canon 1095, 1º)

 To enter a valid marriage, a person must have sufficient reasoning ability

to understand what he or she is doing at the time of the wedding.

Serious conditions, such as more serious learning disabilities, or black-

out states caused by e.g. intoxication, drug use, or seizure disorder might

prevent a person from possessing or using reasoning ability during the

marriage ceremony. If one or both spouses lacked the use of reason on

an habitual basis or temporarily during the wedding ceremony itself, this

ground can be considered.

Did either of not understand that you were attending your own wedding

ceremony? Was either of you seriously intoxicated, ‘stoned,’ or ‘high’ during

the ceremony? Was either you or your former spouse ever diagnosed with a

very low intelligence or with a serious learning disability, or serious difficulty

with the ability to reason? Were either of you ever diagnosed with a mental

disability or a mental illness that caused blackout or delusional episodes? If

so, did such an episode occur at the time of the wedding ceremony? Did

either you or your former spouse suffer a seizure or similar episode just

before or during the wedding?

Error of person (canon 1097, §1)

 To enter a valid marriage, one must know who he or she is marrying. If

one spouse had a substantive error concerning the biographic identity

of the person he or she was marrying (e.g. a woman married the wrong

identical twin; or when the bride’s veil was lifted a man had married the

wrong woman) this ground could be considered. The error in question

is not about details of personality or behavior, but an error about the

physical identity of the spouse.

Did you discover after marriage that the person you married was not, in

fact, the person you intended or agreed to marry? Did you believe you were

marrying a specific person (Harry, Jennifer, etc.) when in fact you were

marrying someone else (Robert, Maryann)? Was someone else substituted for

your intended spouse at the ceremony?

Error about a quality of person (canon 1097, §2)

 It is normal for spouses to discover more about each other after the

wedding, including some unwelcome qualities. This does not make the

marriage invalid. However, if a person desires a very specific and stable

quality in a spouse so strongly that the quality is more important than

the person chosen, and in fact that quality was not present, then the

marriage is invalid. Such qualities could include a particular profession;

virginity; being of a particular religion; fertility; not having children.

Was either of you less interested in the person you were going to marry,

and fixated on some specific property of a spouse that was believed to be

more important than accepting the whole other person as they truly were?

Was this a stable and identifiable aspect of a person? Was this quality in fact

not present at the time of the wedding? Would the wedding have been

cancelled if the truth had been discovered? Did the married life end as a result

of learning the truth?

Error determining the will: sacramentality of marriage

(canon 1099)

 To marry, a person does not need to know that marriage between two

baptized people is a sacrament. However, if a person does not know

that the marriage is a sacrament and this error is the reason for marrying,

then the marriage is invalid.

Were you or your divorced spouse reared in a home with no religious

practice or belief? Was the marriage between two baptized persons, but at

least one of you did not know that the marriage of two baptized persons is a

sacrament? If it had been known that the marriage would be a sacrament,

would either of you have chosen not to marry rather than have a sacramental

marriage?

Partial simulation of marriage: exclusion of ‘the good of the

spouses’ (canon 1101, §2)

 Marriage is intended to contribute to the general wellbeing of the

spouses through their mutual assistance. If a person deliberately intends

not to provide this mutual assistance even at the most minimal level,

the marriage is invalid. It seems very rare that someone enters marriage

with the intention not to promote in any way the good of the spouses.

Was either spouse continuously abusive in the marriage, beginning

around or prior to the time of the wedding? Did either spouse have some

ulterior motive for marriage, which completely excluded any form of mutual

assistance or partnership of married life? Did either spouse indicate a

deliberate intent to treat the other spouse badly?

Future Condition (canon 1102, §1)

 Marriage must be contracted in the present, not for the future. If a

person exchanges consent but with the intention of the marriage

coming into effect only if or when some future event happens, the

marriage is invalid.

Did either spouse believe that the marriage would not truly exist or be

binding until some later event? Was there a doubt that this would occur,

sufficient to cause one party to place the condition? Was there a pre-nuptial

agreement that gave conditions or terms for the marriage?

Force (canon 1103)

 A person must willingly choose marriage, or the marriage is invalid. This

ground may be considered if one or both spouses entered marriage

compelled by some external threat.

Was either you or your former spouse brought to the wedding ceremony

against your will? Was the marriage someone else’s idea, and not your idea or

your former spouse’s? Did either of you feel that you had no real choice

whether to marry? Were either you or your former spouse deeply afraid that

not marrying would cause a serious harm if you did not marry? Was there

someone threatening harm or punishment if you did not marry one another?

Was either of you motivated not so much by marriage, but by the idea of

being free from the threat?

Frequently asked questions

How long does the process take?

There are different types of marriage cases. This booklet deals with only

one type of case, the ‘Formal Case.’ A Formal Case often takes around

eighteen months or more. Depending on the complexity of the case and the

timely response of witnesses, the case may take less time or more time.

Can I set a tentative wedding date during the process?

No. The Church presumes your marriage to be valid and binding for life,

according to the teachings of Jesus. The tribunal cannot guarantee that you

will receive the decision you want, nor the date when a decision will be given.

No priest or deacon may ever discuss wedding dates with you or begin

marriage preparation, unless and until you are free to marry.

Is there a fee?

No. There are no fees associated with the process.

What about the children?

It is a common myth that an “annulment” of the parents’ marriage

renders children illegitimate. This is not true. Canon law specifically protects

the canonical legitimacy of children of marriages which have been declared

invalid. Furthermore, a declaration of invalidity in the United States affects

the religious aspects of the marriage, and does not affect civil elements such

as the legitimacy of children, child support, custody, or visitation rights.

Is a divorced Catholic excommunicated from the Church?

No. Excommunication is a specific and rare penalty in canon law, which

no longer applies regarding divorce or attempted remarriage.

Divorce itself does not change one’s status in the Church, since the

Church does not recognize divorce as having any effect on the bond of the

marriage.

Someone who remains faithful to the bond of the marriage after the

divorce can receive the sacraments. But if someone has another relationship

incompatible with the bond of the marriage, for example attempting another

marriage, then that person cannot receive the sacraments until he or she gives

up the relationship incompatible with the bond of marriage.

Please contact us with your questions.

Diocese of Cleveland Tribunal

1404 East Ninth Street, 7

floor

Cleveland, OH 44114

216-696-6525 ext. 4000

www.dioceseofcleveland.org/tribunal

With thanks to

the Tribunal of the Diocese of Harrisburg

for permission to use parts of its version of this booklet

June 2022