Divorce & Decree of Nullity

Conflict, quarrels, and misunderstandings can be found in all marriages. They reflect the impact of Original Sin, which ―disrupted the original communion of man and woman. They also reflect modern stresses upon marriage: the conflict between work and home, economic hardships, and social expectations.

Nevertheless, God‘s plan for marriage persists, and he continues to offer mercy and healing grace. We bishops urge couples in crisis to turn to the Lord for help. We also encourage them to make use of the many resources, including programs and ministries offered by the Church, that can help to save marriages, even those in serious difficulty. -U.S. Catholic Bishops, Marriage: Love and Life in the Divine Plan, pp. 24-25

Valid Marriages

When two people enter into marriage, the Church presumes that a valid marriage has occurred.  In other words, the Church presumes that the marriage bond, as described above, has been created.  This is true for Catholics and for non-Catholics alike.  Thus, if two Methodists who are free to marry get married in the Methodist ecclesial community (or in front of a judge, for that matter), the Catholic Church presumes that this is a valid marriage. 

Determining Validity: Church Tribunal

However, after marital life has broken down and a civil divorce has been already obtained, Catholics can approach a Church Tribunal to examine their marriage asking the question:  even though a true and valid marriage seemed to have occurred, is there a reason to suspect that in actuality a valid marriage did not occur? 

If it can be proved that a valid marriage did not actually occur, then indeed no marriage bond was ever actually created, and thus the persons would be free to marry.  

Decree of Nullity

When it is proved before a Church Tribunal that a valid marriage actually never occurred, the Tribunal issues a decree of nullity.  It must be emphasized again that when a man and a woman exchange consent to marry, the marriage is considered valid by the Church, and there must be substantial proof that the marriage was actually invalid. 
 
From this description, it is important to see that a Tribunal does not “annul a marriage” in the sense that the Tribunal does not dissolve a valid marriage bond so that the person could be free to marry. Rather, the Tribunal is declaring that there is enough proof satisfactorily to show that a true marriage bond never occurred in the first place, and thus the persons are free to marry.  

If you wish to initiate this process, please contact:
Tina Masterson
Pastoral Associate
574-282-2308
[email protected]