This office handles cases related to marriage annulments, dispensations, permissions and other canonical matters. Find necessary forms below.
The Code of Canon Law directs that every bishop establish an office whose purpose is to determine whether or not a particular marriage is a binding union. This diocesan office is staffed by specially trained priests and lay persons who study a failed marriage and determine whether or not the relationship was a true marriage as understood by the Church.
The Code of Canon Law directs that every bishop establish an office whose purpose is to determine whether or not a particular marriage is a binding union. This diocesan office is staffed by specially trained priests, deacons, religious and lay persons who study a failed marriage and determine whether or not the relationship was a true marriage as understood by the Church.
The Church teaches that marriage according to God’s plan is an intimate partnership of life and love. The Church expects a man and a woman to commit themselves to each other for life. They are to be faithful to each other and open to having children. Husbands and wives render mutual help and service to each other through an intimate union of their persons and their lives. In short, marriage is a union of a man and a woman, an interpersonal relationship which includes the sharing of the whole of their lives. This commitment of spouses presumes sufficient maturity, freedom, knowledge, and psychological capacity.
The term “annulment” is a popular, but not completely accurate, word for a declaration of nullity which is an official declaration by the Tribunal that what appeared to be a marriage was, in fact, not a true marriage as the Church understands it. A declaration of nullity does not deny that a relationship existed, nor does it imply that the relationship was entered into with ill will or moral fault. Rather, after a careful and thorough study, the Tribunal issues a declaration of nullity when it is proven that one or more ingredients necessary for a true marriage (e.g., proper intention, sufficient psychological maturity, capacity, freedom, knowledge) was lacking when marital consent was exchanged.
Anyone, baptized or unbaptized, Catholic or non-Catholic, may petition for a declaration of nullity. The most common way to begin the process is to talk with a priest, deacon, or staff person at a parish.
No. Children born of a marriage recognized in civil law are considered legitimate. A declaration of nullity of a marriage by the Church has no effects in civil law in the United States, and so children continue to be considered legitimate in civil law when there is a declaration of nullity of marriage by the Church.
The person (petitioner) has the right to request that his/her marriage which has ended in divorce be considered by a Tribunal for a declaration of nullity. The other party (respondent) has the right to know that a petition has been submitted. Both parties have the right to submit a statement about the marriage, to read each other’s statements, to have an advocate, to provide the names of witnesses, to review the testimony of the witnesses, to read the decision of the Tribunal, and to appeal the decision if he/she believes procedural rights have been denied or that the decision was in error.
It can be. Recalling the history of a failed marital relationship can be painful. However, there is much to be gained from reflecting on the reality of a failed relationship, learning from it, and acknowledging appropriate responsibility for it. The process affords the opportunity for increased insight into self, clarity about relational issues, and necessary healing and closure. It also affords a deepening of one’s relationship with the Church and with God.
Each case is unique and processing time varies for each case. Factors such as the involvement of the petitioner and respondent, the cooperation of the witnesses, and the relevance of their testimony have a significant effect on the length of time each case takes. The goal of the Tribunal is to complete a case and make a decision in less than a year. No guarantee can be made about the length of time to complete a petition nor can the outcome be guaranteed. This is important to realize when considering a date for future marriage in the Church. No new marriage may be celebrated in the Catholic Church until the process is complete and an affirmative decision is granted.
The Tribunal does not charge a fee to process a petition for a declaration of nullity. The petitioner is expected to reimburse the Tribunal for any fees charged by a psychological expert if one is needed for the case. Free-will donations in support of the work of the Tribunal are always welcome.
Once all the documents and testimony for a case have been received, each party is given a period of time during which they can come to the Tribunal office and review what has been submitted. Each party can provide any additional comments or input they wish. Tribunal staff can discuss a case only with the parties and their advocates.
If a marriage is declared null, and there are no restrictions concerning remarriage, both parties are free to celebrate a marriage in the Catholic Church.
If a restriction to remarry has been placed on a party, the conditions specified in the case decision must be satisfied before the Tribunal can issue the declaration of nullity to the party. The most common example is a requirement for professional counseling to address problematic issues. The counselor submits a report to the Tribunal verifying that the requirement has been fulfilled.
The initial petition can be rejected by the Tribunal when there is no apparent basis in accord with canon law to consider the possibility of a declaration of nullity. A rejected petition can be resubmitted at a future time if additional information becomes available. After accepting a petition and going through the process of gathering witness testimony, the Tribunal might reach the conclusion that it cannot verify the marriage is null based on its evaluation of the evidence presented.
Divorce itself does not prohibit a Catholic from participating in the sacraments. Only divorced Catholics who remarry without a declaration of nullity cannot be invited to receive the Eucharist. The Church encourages such Catholics to continue practicing their Catholic faith and being active in the Church in all other ways, assuring them of God’s love and reminding pastors that these persons are entitled to pastoral care. If a marriage case has been processed by the Tribunal and a declaration of nullity could not be given, the parties are encouraged to consult with their pastor for appropriate guidance on how best to continue living their Catholic faith and participating in the Church.
Judicial Vicar
Defender of the Bond
Follow the news about our Catholic community,
in English and Spanish.
Our Life is Mission
Nuestra Vida es Misión
Catholic Diocese of San Diego
Bishop Pulido’s coat of arms is divided into four quarters with wavy horizontal lines from top to bottom. The blue and white lines represent the Blessed Virgin Mary. They also suggest water, which alludes to Jesus washing the feet of His disciples and to the waters of baptism. The red and gold lines represent the Holy Spirit and fire. The colors also can be seen as referring to the Blood that (along with water) poured from Jesus’ side at His crucifixion, as well as to the bread (gold) and wine (red) transformed into the Eucharist. At the center is a roundel featuring a symbolic representation of the “mandatum” (washing of the feet), which he believes exemplifies service to all humanity. The roundel’s outer edge is a line composed of small humps; it is borrowed from the coat of arms of the Diocese of Yakima, where Bishop Pulido served as a priest before being named a bishop.
Bishop Pham’s coat of arms depicts a red boat on a blue ocean, which is crisscrossed by diagonal lines suggesting a fisherman’s net. This symbolizes his ministry as a “fisher of men,” as well as how his own father had been a fisherman. The boat is also a symbol of the Church, which is often referred to as the “barque of Peter.” At the center of the sail is a red beehive (a symbol of the bishop’s baptismal patron saint, St. John Chrysostom, who was known as a “honey-tongued” preacher). The beehive is surrounded by two green palm branches (an ancient symbol of martyrdom; the bishop’s ancestors were among Vietnam’s first martyrs). The eight red tongues of fire around the boat are a symbol of the Holy Spirit and a representation of the diversity of ethnic and cultural communities. The red of the boat, the beehive and the tongues of fire allude to the blood of the martyrs.
The coat of arms combines symbols that reflect Bishop Bejarano’s spiritual life and priestly ministry. The main part of the shield shows four wavy vertical lines on a gold background. These represent flowing waters. This alludes to his chosen motto and also symbolizes the graces that come from the Divine life to quench our thirst for God. The upper third of the shield is red because it is borrowed from the coat of arms of the Order of Mercy, of which the Bishop’s patron saint, Raymond Nonnatus, was a member. The central symbol resembles a monstrance because St. Raymond is often depicted holding one. The Eucharist is Bishop Bejarano’s inspiration for his vocation. It was through the Eucharist that he received his call to the priesthood at age seven and which keeps his faith and his ministry going. It represents the call to offer oneself as a living sacrifice. The monstrance is flanked on either side by an image of the Sacred Heart, alluding to the mercy of God and echoing the idea of a sacrificial offering of oneself united to the sacrifice of Christ, and of a rose for Our Lady. It is an allusion to Our Lady of Guadalupe, patroness of the Americas, and highlights the bishop’s Hispanic heritage.
