Marriage

What the Catholic Churches Teaches:

The Catholic Church teaches that marriage is a covenant by which a man and a woman establish between themselves a partnership of the whole of life, ordered by its nature to the good of the spouses and the procreation and education of children. Between baptized persons, Christ raised marriage to the dignity of a sacrament (cf. can. 1055 §1). By God’s plan, marriage is a permanent and exclusive union. Therefore, every marriage is presumed to be valid and binding unless the contrary is proven.

Although civil divorce may dissolve the legal effects of marriage in civil law, it does not determine whether a valid marital bond was established in the eyes of the Church. Questions regarding the validity of a marriage are resolved through the judicial process of the Church.

Declaration of Nullity

A declaration of nullity (commonly called an “annulment”) is a judgment of a Catholic tribunal that the nullity of a marriage has been proven according to the law of the Church. A declaration of nullity does not dissolve an existing marriage bond. Rather, it is a determination that a valid marriage was not brought into being on the wedding day because some essential element required for a valid marriage was lacking.

The purpose of the marriage nullity process is to discover the truth regarding the validity of the marriage. In reaching its decision, the Tribunal conducts a careful investigation into the circumstances that existed before and at the time of the marriage. Testimony from the parties and witnesses, together with other evidence, is gathered and evaluated according to the norms of canon law.

Because the law presumes every marriage to be valid (cf. can. 1060), the nullity of a marriage must be proven before a declaration of nullity can be issued. The Tribunal does not presume the outcome of a case in advance; rather, it seeks to determine whether the nullity of the marriage has been proven by the evidence presented. A declaration of nullity has no effect in civil law and does not affect the legitimacy of children.

Marriage Nullity Process Step-by-Step

Submitting a Petition

The marriage nullity process ordinarily begins when a person submits a Petition to the Tribunal. The Petition may be completed with the assistance of a parish priest, deacon, or other pastoral minister, or it may be submitted directly to the Tribunal.

The Petition asks for information concerning the parties, the marriage, the circumstances surrounding the wedding, and the reasons why the nullity of the marriage is being alleged. The Petitioner will also be asked to provide supporting documents and the names of witnesses who may assist the Tribunal in its investigation.

Once the Petition has been received, the Tribunal will review the information provided and determine whether the case can proceed. If additional information is required, the Petitioner will be contacted. If the case is accepted, the Tribunal will formally begin the judicial process and notify the parties of the grounds on which the case will be heard.

(Click here if you would like to download the Preliminary Form, print it, and complete it by hand.)

(Click here if you would like to download the Preliminary Form, and complete it on the computer.

Documents

Certain civil and ecclesiastical documents are required before a marriage nullity case can proceed. These documents ordinarily include:

• Recently issued baptismal certificates for each party (for Catholic parties, certificates should have been issued within the last six months);
• A certified civil marriage record; and
• The complete civil divorce decree.

Recent baptismal certificates for Catholic parties may be obtained from the parish where the baptism was recorded. If you have difficulty obtaining any of the required documents, please contact the Tribunal for assistance.

Testimony

As part of the marriage nullity process, the parties and witnesses will ordinarily be asked to provide testimony through an interview conducted by a member of the Tribunal staff. Interviews may take place in person at the Tribunal, at another diocesan tribunal, or by videoconference.

The purpose of the interview is to gather information concerning the parties, the courtship, the marriage, and the circumstances that may be relevant to the validity of the marriage. Questions may address family background, personal history, the decision to marry, the married life of the parties, and the circumstances leading to the civil divorce.

The interview provides an opportunity for the Petitioner to present his or her understanding of the relationship and the events surrounding the marriage and its breakdown. Because these topics often involve difficult memories and experiences, the Tribunal seeks to conduct the interview with sensitivity, respect, and pastoral concern.

Notification of the Respondent

The Respondent (former spouse) has the right to participate in the marriage nullity process. Therefore, the Tribunal will notify the Respondent that a petition has been submitted and will provide an opportunity to participate in the case, offer testimony, propose witnesses, and exercise the rights granted by canon law.

The cooperation of the Respondent is often helpful to the Tribunal’s investigation. However, if the Respondent chooses not to participate, the case may ordinarily proceed and be decided on the basis of the evidence that is available.

The Petitioner is responsible for providing the Tribunal with a current mailing address for the Respondent. If the Respondent’s whereabouts are unknown, the Petitioner will be asked to provide information regarding the efforts made to locate him or her. The Tribunal will then determine whether sufficient efforts have been made to establish contact.

Because the rights of both parties must be protected, the Tribunal is required to make reasonable efforts to notify the Respondent before proceeding with the case. 

Witnesses

Witness testimony is an important part of the marriage nullity process. Witnesses help the Tribunal understand the parties, the courtship, the marriage, and the circumstances that may be relevant to the validity of the marriage.

Witnesses should be chosen carefully. The most helpful witnesses are those who knew one or both parties before the wedding and during the early years of married life. Witnesses should have personal knowledge of the facts and circumstances relevant to the grounds on which the nullity of the marriage is being alleged. Individuals whose knowledge is limited to the final stages of the marriage are generally less helpful. Friends and relatives may serve as witnesses. Minor children ordinarily should not be proposed as witnesses.

Before listing a witness, the Petitioner should contact the person to ensure that he or she is willing to testify and understands that the Tribunal will be making contact. Witness testimony is ordinarily received through an interview conducted by the Tribunal, either in person, at another diocesan tribunal, or by videoconference.

The progress of a case often depends upon the timely cooperation of witnesses. The Respondent, the Defender of the Bond, and the Judge may also propose additional witnesses if necessary.

Decision

Once the evidence has been gathered and the observations of the Defender of the Bond have been received, the Judge or Judges will render a decision regarding whether the nullity of the marriage has been proven. The parties will be notified of the decision and will be given an opportunity to review the sentence in accordance with canon law.

If a declaration of nullity is issued, the parties become free to marry in the Catholic Church once the decision becomes executive, provided that any conditions attached to the decision have been fulfilled.

The parties and the Defender of the Bond have the right to appeal the decision within the time established by canon law. Appeals from the Tribunal of the Diocese of La Crosse may be directed to the Metropolitan Tribunal of the Archdiocese of Milwaukee or to the Apostolic Tribunal of the Roman Rota.

Length of Time Required to Complete a Case

The Tribunal strives to complete marriage nullity cases within twelve months of their acceptance. However, every case is unique, and the time required to reach a decision varies according to the circumstances of the case. Several factors can affect the length of the process, including the complexity of the issues involved, the availability and responsiveness of the parties and witnesses, the need for expert testimony, and the requirements of canon law. For these reasons, the Tribunal cannot guarantee a specific completion date.

Parties should not make plans for a future marriage until a final decision has been rendered and the decision has become executive in accordance with canon law.

Fee

The standard fee for the processing of a formal marriage case is $400. The fee serves only as a partial reimbursement of the costs associated with operating the Tribunal and providing its services. The Diocese subsidizes a substantial portion of the actual cost in order to make the services of the Tribunal accessible to all who seek them.

We ask that one-fourth of the fee be paid at the time of the initial interview and that the balance be paid before the case is concluded.

If you are experiencing financial hardship, the fee may be reduced, waived, or paid in installments. No one is ever denied the right to petition for a declaration of nullity because of an inability to pay.