Matrimonial Tribunal Frequently Asked Questions

How, Then, Is an Annulment Possible?
In every presumption the opposite can be true. If sufficient evidence can be shown that a particular marriage is invalid, the original presumption no longer holds true. Therefore, when it can be proved that a specific marriage is not valid or not a Sacrament or not consummated, there is a possibility that the Church will dissolve it or declare it to be invalid.

What Is the Purpose of the Tribunal?
Church law calls for the existence of a tribunal in every diocese of the world. The Tribunal of the Catholic Church of this Diocese is under the direction of the Bishop of Jefferson City and is supervised by his delegate, the Chief Judge. He, together with the staff of specially trained and experienced priests and lay persons, offer assistance to persons who request that the Church study a marriage in order to determine whether or not there is possibility of an annulment.

What Is the Study of a Marriage?
It is to determine whether or not there is a ground acceptable in Church law that would invalidate a marriage, and whether or not this particular ground can be proved "beyond a reasonable doubt" to have actually existed at the time of the exchange of vows.

How Does the Tribunal Determine if a Marriage Is Invalid?
The guidelines used by the Tribunal are the gospel teachings of Our Lord Jesus Christ and the law of the Catholic Church. Pope Pius XII defined the work of the Tribunal in these words: "to care for the dignity of marriage; to work for the good of persons." The Tribunal works toward this end by diligently protecting the rights of a man and a woman in a specific marriage as well as the rights of the Church which has been charged by Jesus Christ to be the guardian of the Sacrament of Marriage.

How Does One Begin a Study?
Contact a priest or pastoral minister (preferably one in your parish) and he/she will make an appointment to meet with you to complete an introductory form called a "General Matrimonial Questionnaire." He/she will forward this request to the Tribunal for an initial evaluation. The person who works with you will be your Advocate.

You will be asked to write out a personality profile of yourself and a history of your courtship and marriage according to a set of guidelines that will be provided.

Are Witnesses Necessary?
Marriage is never a totally private relationship. It creates profound effects on the family, society and the Church. Witnesses, then, are required by Church law to assist the Tribunal in a deeper understanding of you, your spouse, your marriage and its failure. You will be asked to have your witnesses write statements directly to the Tribunal according to a set of guidelines that will be provided.

What About Special Witnesses?
Sometimes doctors, psychiatrists, psychologists, professional counselors, priests, ministers, rabbis, etc. have been consulted before or during a marriage in order to assist a person or a couple. If this is true, please provide the complete name(s) and address(es) of the professional(s), and after you have signed a release form provided by the Tribunal, the professional(s) may provide us with information that could of great value in the study of a marriage.

Honesty Is Absolutely Essential
Catholic Church Law ensures that both parties get a fair say throughout this procedure. Therefore, it might be necessary to allow your former spouse to review your testimony. Because of this, total and indisputable honesty on your part is absolutely essential. Please take this into account when filling out questionnaires and/or submitting your personal testimony.

What About the Former Spouse?
After the Tribunal has received the history of your marriage, your former spouse will be notified by the Tribunal. He/she will be offered the opportunity to present his/her history of the marriage as well as to introduce any witnesses he/she chooses. The universal law of the Catholic Church requires this. Moreover, in some cases, no decision can be given without the cooperation of the former spouse.

It is important, therefore, for the Tribunal to have an accurate current address of the former spouse. If this is not available, then the Tribunal must have his/her last known address together with the address of a family member through whom he/she can be contacted. (Please note that the Tribunal will contact the former spouse. You may do this also, if you wish, but it is not required.) It has been the experience of the Tribunal that in the greatest majority of cases the former spouse is cooperative.

What Is the Next Step?
When all the information that is available has been gathered, and all who are willing to cooperate have been contacted, an evaluation is made by the Tribunal staff.

If it is not possible to accept a case for a formal hearing (e.g. because there are no apparent grounds acceptable in Church law or no strong evidence to prove the alleged grounds), an explanation will be given to the person who made the request for the study. IF the case is accepted, your Advocate will argue your case for you. Another member of the Tribunal staff will be named Defender of the Bond, who argues in favor of the validity of the marriage, and who guarantees your rights, the rights of your former spouse, and those of the Church. One Judge, or three, will be assigned to evaluate all the information that has been gathered.

When Is a Decision Made?
After an evaluation of all information, the Judge(s) will render a decision in favor of, or against, a declaration of nullity. If either party is not in agreement with the decision of the Judge(s), Church law provides an opportunity to exercise an appeal. Such an appeal would be entered before the Metropolitan Tribunal of the Archdiocese of St. Louis, which is the designated Appellate Tribunal for the Diocese of Jefferson City.

Whenever a decision by the judge(s) favors the nullity of the marriage, the Defender of the Bond must automatically send the affirmative decision to the Appellate Tribunal in St. Louis. The Appellate Tribunal reviews the decision and must ratify it or reject it.

How Long a Period of Time Does the Entire Process Take?
It is impossible to predict the length of time because of a number of variable factors. No two cases are the same; one case may be accepted, while another rejected. One case may be completed in several months, while another may take a year or more. With the complete cooperation of everyone needed in a case, the average length of time to complete it in Jefferson City is one year.

This is not a guarantee; nor is it to be presumed that an affirmative decision will be rendered. With the requirement of a mandatory review by the Appellate Tribunal, several months must be added to the total time necessary for finalizing a decision. A Decree of Nullity is issued only after the Appellate Tribunal ratifies the decision made in Jefferson City favoring the nullity of the marriage.

The Tribunal will process each and every case as efficiently as possible, as will the Appeals Tribunal in St. Louis, but it is important to note that priests are absolutely restricted from setting a date for remarriage in the Catholic Church until the annulment process has been completed and a Decree of Nullity has been issued.

Is Remarriage Within the Catholic Church Allowed?
If an annulment is granted, and there are no restrictions attached to it, the usual procedure of preparing for marriage in the Catholic Church may be started with the local priest or pastoral minister. If a marriage is declared invalid due to a specific cause (e.g. grave immaturity; psychological disorder; intention against permanence, faithfulness, or children, etc.) another marriage obviously cannot be permitted until it has been demonstrated that the cause which invalidated the earlier marriage has been removed.

Are There Any Civil Effects to a Church Annulment?
There are absolutely no civil effects from a church annulment in the United States. It does not affect in any manner the names of people, legitimacy of children, property rights, inheritance rights, separation agreements, etc. A church annulment is a declaration from the Catholic Church that a particular union, presumably begun in good faith by both parties and thought by all to be a marriage, was in fact an invalid union as the Church defines marriage. There is no attempt in this study or hearing to impute guilt or to punish persons. On the contrary, the purpose of the annulment procedure is to serve one's conscience and spirit, and to reconcile persons to full Sacramental participation in the community of the Church.

Is There a Fee for Tribunal Services?
The Tribunal cannot operate for free because it has salary expenses for its personnel, office expenses, utilities, rental expenses, etc. Under most circumstances, and in most places, there is a fee for every case that is processed by a tribunal. However, in no way would the completion of an individual's case or its final decision, be dependent upon payment of the fee.

In the Diocese of Jefferson City the Bishop has mandated that ministry to those seeking a decision regarding their failed marriages is to be a shared responsibility of all Catholics in the Diocese. Therefore, there is no charge to any individual using the services of the Tribunal of the Diocese of Jefferson City.  Although, if our office is charged a fee from an outside source (such as a counselor's testimony or notes, or copying by a counseling service), the fee will be passed on to the individual.

Attention:
Please note that permission to remarry in the Catholic Church can in no way be guaranteed before the completion of the entire process of study and formal hearing(s). No plans for future marriage in the Catholic Church should be made before that time. The Tribunal cannot be responsible for arbitrary promises or guarantees made by any priest or pastoral minister.