Who may petition for a declaration of nullity?
Anyone, baptized or not, who was a party to a marriage which has ended in separation and divorce may initiate the process. The person who petitions the Tribunal to have his or her marriage declared invalid is the petitioner. A petition can be submitted either through one’s local priest or by directly contacting the Tribunal Office.
Does one’s former spouse have to be informed?
The former spouse, the respondent, is to be informed that a petition has been presented and is to be invited by the Tribunal to participate in the case. If, after all efforts to find the respondent have been exhausted or he or she refuses to cooperate, the Tribunal is competent to adjudicate the petition.
How long does it take for a decision to be rendered?
The time it takes to render a decision varies from petition to petition and diocese to diocese due to various circumstances. Generally, in the Diocese of Ogdensburg, the time it takes to render a decision is 12-14 months.
Is there a fee?
Yes. However, no one is ever denied a formal hearing because of finances. The fee in the Diocese of Ogdensburg is $325 if and only if an affirmative decision is rendered. If someone is having difficulty in making the payments, one should contact their parish priest or the Tribunal Office.
Is a declaration of nullity given in every case?
Marriage enjoys the favor of the law (Canon 1060). When the nullity of a marriage has not been proven or when there is a doubt, the validity of the marriage must be upheld.
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