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Contact Information
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1123 South Church Street
Charlotte, North Carolina 28203-4003
Telephone: 704-370-3293
Fax: 704-370-3239
Email: tribunal@charlottediocese.org
Click here for a listing of the Tribunal Staff
For a list of Annulment contacts by parish please click here
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Marriage Annulments in the Diocese of Charlotte
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Marriage
The Catholic Church teaches that Christ instituted the Sacrament of Marriage. By doing so He enhanced the dignity of an institution already made holy in God’s creation. Marriage is an enduring and exclusive partnership in which husband and wife establish a loving and life-giving relationship.
For this reason the Church views divorce very seriously. The Church does not accept that divorce can sever the actual bond of a valid marriage. Church law, in fact, presumes that a marriage is valid once it is entered, a presumption which remains in force unless and until the contrary is proved.
Not every marital relationship meets the standard that Christ established for marriage – a standard which requires certain intentions and capabilities on the part of the husband and wife. When these intentions and capabilities are seriously deficient, a marriage does not have the kind of enduring bond which Christ taught was indissoluble (unbreakable). In other words, while a marriage relationship may exist between the parties and have certain consequences, it is not necessarily the type of marriage bond which can be broken only by the death of one of the parties.
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The Nature of an Annulment
The purpose of a nullity process is to determine whether or not an indissoluble marriage bond was created when the parties entered their marriage. It must be proved clearly and without doubt that this enduring bond was not established in order to declare the marriage null. This proof must focus on grounds of nullity recognized by Church law and must apply to the marriage from its very beginning.
The Tribunal handles the nullity process. This office of the Diocese works under a set of procedures and laws established as part of the universal law of the Church.
Each case submitted to the Tribunal is unique. It is impossible, therefore, to generalize accurately about marriage cases. Only a broad picture of the actual procedure is possible.
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Annulment Procedures
There are a number of distinct types of annulment procedures in Church law. The ordinary procedure is described here.
The first step for a Petitioner considering a marriage case is to approach the local parish priest or pastoral assistant, who will assist the Petitioner in completing a preliminary questionnaire for submission to the Tribunal. This questionnaire provides the Tribunal staff an overview of the marriage.
If the information indicates no evident basis for a case, the Petitioner might be required to submit a more detailed account of the marriage in question.
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The Respondent
The Tribunal next contacts the other party to the marriage – the Respondent – who has a right to be heard. A questionnaire is sent to the Respondent to request information regarding the alleged grounds of nullity.
The importance of the Respondent’s cooperation varies from case to case. In some instances it might be impossible to prove the contention without such cooperation; in other cases it might be less important. The Respondent is given a set period of time to reply. An additional period can be requested if the one initially established is inconvenient.
A Respondent is not permitted, however, to delay a case unreasonably. The Respondent’s cooperation is not essential and, in the event of non-cooperation, the case can proceed, recognizing that the grounds of the case must still be proved. Contact, therefore, with the Respondent is necessary for the purpose of information and to implement the Respondent’s rights.
In the ordinary course of events, both the Petitioner and the Respondent will be given the opportunity to review each other’s written testimony, as well as any statements by witnesses which are not protected by the seal of confidentiality. The Petitioner should take all this into consideration at the beginning of the process, to assess whether he/she has an objections to this procedure.
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Witnesses
It is the Petitioner’s responsibility to ensure that the various witnesses cooperate. The Petitioner is expected to inform witnesses that they will be contacted by the Tribunal, and request their prompt cooperation. Each witness is sent a questionnaire based on the grounds in the case and a cover letter explaining how to proceed. Witnesses are encouraged to be as complete as possible in their answers. The testimony is to be given under oath, and witnesses have the option of signing the completed questionnaire before a Catholic priest or pastoral minister or before a notary public.
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Timing
The length of time involved varies from case to case and depends on many factors, most of which are beyond the control of the Tribunal. The Petitioner will be informed of the average length of time for the type of case presented. It should be understood that this is simply an average and by no means guarantees that the case will be completed in that time or that the final decision will be favorable. For this reason, the parties are cautioned against making any plans regarding a future marriage until the entire tribunal process is complete and the final decision rendered.
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Appeal
A favorable decision in the Diocesan Tribunal must be reviewed by the Court of Appeal of the Province of Atlanta. This requires additional time, which may be substantial depending on the kind of case. This is another reason why a Petitioner should make no plans for a marriage until the process is finally complete. Upon completion, the Petitioner is notified and sent a copy of the final decree. A similar communication is sent to the Respondent unless he/she has indicated to the contrary or has waived the right of notification either expressly or tacitly earlier in the process.
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Fees
The Diocese subsidizes the Tribunal. To keep the subsidy within manageable limits, each Petitioner is assessed a fee. The Diocese of Charlotte incurs costs of approximately $1000 in processing a case. The Petitioner is asked to assume a portion of the cost, which involves ordinary office expenses, telephone calls, fees for psychiatric experts, appellate court costs, etc.
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Points to Consider
Careful consideration should be given to the following points:
- A declaration of nullity by the Church has no civil effects in the United States. It does not, therefore, affect rights in regard to matters such as property, inheritance, visitation of children, and the like. It has no effect on any children born of the union, in regard to rights or legitimacy, either in secular law or in Church law.
- All Tribunal matters are guarded by strict and sacred confidence.
- A Tribunal process exists for church purposes only. No information can be transferred to or have any effect in any civil process.
- The Charlotte Tribunal accepts cases or petitions for review only after the civil divorce process has been completed.
- Since most matters must be put in writing eventually, written contact with the Tribunal office is preferred to telephone calls.
- Interested parties, such as the proposed spouse or relatives of the Petitioner or Respondent, should not inquire about the case, as information cannot be supplied to them.
- The recommendation is repeated that no date for a subsequent marriage be set until the case is completely decided by the courts of first and second instance. The Petitioner is wholly responsible for any problems which arise from disregard of this important caution.
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