How to Get a Marriage Annulled Through the Catholic Church

Getting your marriage annulled through the Catholic Church is time-consuming but not impossible.

Marriages start with the greatest of hope, yet sometimes end with the greatest of failures: divorce. Obtaining a legal divorce is a fairly simple matter. Catholics, however, must go through a second process to religiously void a marriage as the Catholic Church regards marriage as a sacrament that is not to be set aside by any human power. To annul a marriage through the Catholic Church, you must prove that your marriage was not valid from the beginning. Completing this process frees you to marry again.

Instructions

1. 

   Your priest starts the process of annulment in the Catholic Church.

   Talk to your parish priest. Your priest serves as your local point-of-contact during the annulment process. He can also advise if an annulment through the church is necessary for you to remarry within the church. The diocese's Office of the Tribunal handles all requests to annul a marriage through the Church. A deacon or an advocate working for your bishop can also begin the process of getting your marriage annulled.

2. Determine your grounds for annulment. The Catholic Church has very strict guidelines on the grounds for annulling a marriage. Some grounds for annulment correspond to civil grounds for voiding a marriage, such as the lack of physical consummation after marriage, or a marriage where one partner is not yet legally divorced. Other grounds include a ceremony that was not legally recognized by the Catholic Church, lack of a baptism for one or both partners or marriage to a partner unable to understand or fulfill the requirements of marriage. As a variety of circumstances can provide grounds to annul a marriage, your priest or bishop can offer specific information on your unique situation.

3. Fill out the petitions. Check your diocese's website for forms; your priest can also provide you with annulment forms and instructions. Answer all questions completely and use additional sheets of paper if your answers do not fit on the form. A personal history is sometimes required. Your priest will assist you in filling out the petition forms and preparing the personal history if needed.

4. Submit documentation. Make copies of your baptismal certificate, birth certificate and marriage certificate. Include a copy of your divorce decree. Other documents that support your case should also be submitted, for example military records or medical records.

5. Provide the name and mailing address of your former spouse and all witnesses. The Office of the Tribunal will contact your former spouse concerning your petition. The former spouse does have a right to participate in the annulment process. Your address and contact information will not be released to your former spouse. Witnesses include both witnesses to your marriage and witnesses that can provide evidence to support your petition. These witnesses will be interviewed, so make them aware that they will be contacted.

6. Participate in an interview by the Office of the Tribunal. Behave as you would in a court of law. Dress conservatively, be prompt and answer all questions truthfully. Write down in advance any points you wish to make so you do not forget them during the interview.

7. 

   Getting a marriage annulled through the Catholic Church requires a fee.

   Pay any fees. Fees will vary by diocese, but you can expect to pay several hundred dollars to complete the process. Check with your priest for information about charitable programs that may assist with your fees if you have the need. After submission of petition forms, documentation and fees, your annulment case goes to a staff member that either approves or rejects your petition. If rejected, you may appeal. If approved, the Office of the Tribunal will consider your case and issue a judgment. Rejected annulments at this stage can also be appealed. Annulment within the Catholic Church is a time-consuming process; be patient.

Tips & Warnings

• Children born in an annulled marriage are still recognized as legitimate by the Catholic Church.

• You can get a marriage annulled through the Catholic Church in the diocese where the marriage was performed, your diocese or the diocese of your ex-spouse, or the diocese where proof that your marriage is invalid can be found.

• Church counseling may be required before remarriage after an annulment.

• Be completely truthful when filling out the petition and during your interview. Deception can result in rejection of your petition.

• Some dioceses do not allow another wedding date to be set before the annulment process is complete. Check your diocese's policy.

• Your former spouse can appeal the approval of an annulment. You must resubmit your petition. If approved a second time, the annulment cannot be challenged again.

References

• Diocese of Trenton: Marriage and the Tribunal

Resources

• Diocese of Trenton: Cheklist for Petition
• Diocese of Trenton: The Tribunal: Frequently Asked Questions
• United States Conference of Catholic Bishops: Frequently Asked Questions about Marriage