archdiocese of denver · 2020. 3. 18. · marriage or the matter of marriage nullity lightly. the...

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ARCHDIOCESE OF DENVER

METROPOLITAN TRIBUNAL & OFFICE OF CANONICAL AFFAIRS

LIBELLUS FORMAL PETITION Information Summary I. CHURCH STATEMENT ON MARRIAGE NULLITY The Catholic Church maintains that marriage and family life are the cornerstones of society and endeavors to do her best to proclaim this to her members and to the world. Therefore, the Church does not take marriage or the matter of marriage nullity lightly. The marriage nullity procedure is used as a safeguard for the dignity and indissolubility of marriage, to preserve and uphold the values of Christian marriage wherever they are found, and to assist people who find themselves in unfortunate situations. Church law states, reflective of the Gospel of Matthew, Chapter 19 and other scriptural passages, that all marriages are presumed valid until the contrary is proven (Canon 1060). The breakdown of marriage does not automatically imply that a declaration of nullity is possible. The bond of marriage may not end just because one party feels it is over. We know this because the sacramental bond between Christ and his Church is not ruptured by his physical absence. Therefore, when a Petitioner makes an allegation that his/her marriage is invalid, it must be proven. This is the purpose of the marriage nullity process. II. THE MARRIAGE NULLITY PROCESS A declaration of nullity is an official legal process of the Catholic Church Court system (Tribunal), which states that parties to a former marriage are no longer bound by that union in the eyes of the Church. This statement is based on Catholic Church law and Catholic theology of marriage. A declaration of nullity has NO CIVIL RAMIFICATIONS in the United States of America. Therefore, matters pertaining to property, child support, or any other such issues are not affected in any way by the Church's action. Children of the marriage are not rendered illegitimate as a result of civil or Church statements regarding the marriage. This process does not deny that a real relationship existed, nor does it imply that the marriage was entered into with ill-will or moral fault.

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III. THOSE WHO REQUIRE A DECLARATION OF NULLITY You need a declaration of nullity: 1. If you were married in the Catholic Church previously, have divorced, and now seek a

second marriage in the Church. 2. If you are Catholic and were married previously outside the Church. 3. If you are not Catholic, were previously married, and are now seeking to marry a Catholic in

the Catholic Church. Please note that a Common Law marriage may be relevant under any of the above headings if there is

proof, that is, if a divorce decree for that union was obtained. IV. WHO CAN APPLY FOR A DECLARATION OF NULLITY? The following can apply for a declaration of nullity in the Archdiocese of Denver: 1. Only one of the spouses (parties) of the marriage may apply. 2. Only Catholics, those seeking to become Catholic, or those seeking to marry a Catholic in

the Church may apply. 3. If the marriage in question took place within the geographical territory of the Archdiocese

of Denver, either party may apply. 4. If both parties now live within the Archdiocese of Denver, either party may apply. 5. If only your former spouse lives within the Archdiocese of Denver, you may apply. 6. If only you live in the Archdiocese of Denver and your former spouse lives in the United

States (excluding U.S. territories), the Tribunal of Denver may accept your case if the Judicial Vicar of your former spouse’s local diocese grants permission.

7. The last possibility is if the majority of the witnesses you list live within the Archdiocese of

Denver. However, your former spouse may object or his/her Judicial Vicar. V. YOUR RESPONSIBILITIES 1. The marriage nullity process MUST BEGIN AT THE PARISH LEVEL. If you have not already

done so, please select a priest or deacon who will act as your Advocate and assist you in proposing your petition to the Tribunal.

2. Complete all the required documentation. TYPE OR PRINT LEGIBLY.

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3. Sign your petition after you have read the Information Summary and the Statement of the

Petitioner. Have your signature witnessed by your Advocate. 4. You must obtain certified copies of your baptismal certificate (issued within the last six months),

marriage certificate, and your civil annulment/divorce/dissolution decree. If you take the originals to your Advocate, he can copy and certify them.

5. Indicate who your witnesses will be in the spaces provided. You must advise them beforehand that

they will be presented as witnesses and that the Tribunal will be seeking their testimony. It is important that the witnesses you list have already agreed to cooperate with the Tribunal on your behalf.

6. List a current address for your former spouse. If this is unknown, you must present actual proofs of

the reasonable efforts you have made to obtain this address. 7. If you change your address at any time throughout the duration of this process, it is your

responsibility to inform this office in writing. 8. If, at any time in the process, you wish to select a different Advocate to assist you, or if he is

transferred, it is your responsibility to inform this office as to the name of the new Advocate who will be assisting you.

If any of the above information is missing, we cannot accept your petition. It will be returned to you or your Advocate immediately. We must have adequate information in order to accept your petition. If we feel we need more information, we will contact you. VI. IF YOUR PETITION IS ACCEPTED 1. Once your Formal Petition is received, you become the Petitioner. You will receive notification

from this office regarding the names of the court officials who will be handling your petition. 2. When the Court accepts your Formal Petition, you will receive a letter explaining the proposed

ground(s) or reasons why your marriage may have been non-binding. 3. Your former spouse (referred to as “the Respondent”) will be contacted by this office and notified

that you have petitioned for a declaration of nullity. The Respondent will also receive information regarding the court officials and the proposed ground(s). Both you and the Respondent have equal rights in this process, and it is our responsibility to explain this to him/her.

4. If we fail to contact the Respondent, any decision rendered can be overturned. Once the Respondent

is contacted, he/she can choose to participate in the proceedings or not. The Respondent is free to give testimony and name witnesses. If he/she refuses to do so, this does not stop the process. The Respondent does have the right to know what has been alleged and the names of those witnesses that are testifying.

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5. Our decision will be based on the information that you, the Respondent, and the witnesses submit. VII. STEPS FOLLOWING ACCEPTANCE 1. The first thing to keep in mind is that the information we need from your witnesses, churches, and

public authorities, etc., takes time to collect. If the Court has difficulty getting information from your witnesses, you will be contacted to provide assistance or additional witnesses. If the Court experiences other problems with your case, both you and your priest/deacon will be contacted.

2. Once all of the information has been gathered, the case will be ready for a review by the court

officials. However, due to the number of petitions, there is a waiting period and your petition will be reviewed in the order in which it was received. During this time you will not hear from us. If you would like to check the status of your petition, please do so IN WRITING or BY PHONE ONLY. In order to ensure confidentiality, we DO NOT offer any statement regarding the status of a case to anyone via email.

3. Before the Court reaches its decision, the case will be presented to the Defender of the Bond who

will propose the reasons which support the validity of the bond of marriage. Next, the Court (usually composed of three judges) will issue its decision. This decision will be either “affirmative” or “negative” in relation to the specific ground(s). An affirmative decision means that sufficient evidence existed to grant a declaration of nullity. A negative decision means that there was insufficient evidence and the Church will continue to presume that a valid bond exists between you and your former spouse. Both parties can read the text of the final decision at the appointed time, under the supervision of tribunal staff, and, if necessary, appeal the Court’s decision to an appellate tribunal in the Archdiocese of Philadelphia or to the Tribunal of the Roman Rota.

4. IF AN AFFIRMATIVE DECISION IS RENDERED IN FIRST INSTANCE, it is automatically

reviewed by the Appellate Court (Second Instance), which is located in the Archdiocese of Philadelphia. If the affirmative decision from the First Instance is ratified (approved) by Second Instance, it becomes EFFECTIVE. At this point, a person is considered free to remarry.

5. At times, the Court in Denver or in Philadelphia may decide that, even though a person may be free

to remarry following a declaration of nullity, it is apparent that the problems of a person’s prior marriage may still be present. In order to ensure that a strong foundation exists for a new marriage, either Court may require counseling or some other conditions be fulfilled before a new marriage may be contracted in the Church.

6. IF A NEGATIVE DECISION IS RENDERED IN FIRST INSTANCE, the parties may appeal the

decision within fifteen (15) days of the notification.

VIII. HOW LONG DOES THE PROCESS TAKE? There is no way to say how long the process takes; however, we can say that it is lengthy and requires the cooperation of all those involved, especially in gathering the necessary witness testimony and official

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documents. The sooner we receive your testimony and your witnesses’ testimony, the sooner we will be able to resolve your case. PLEASE NOTE: Your case must receive two (2) AFFIRMATIVE DECISIONS before you can plan a marriage. Please do not enter into pre-marital instruction or make definite plans for a wedding ceremony. This office cannot be held responsible, nor will it be pressured by arrangements made, if the above notice is disregarded.

IX. COST OF THE MARRIAGE NULLITY PROCESS The Archdiocese spends an average of $1,500.00 to process each marriage nullity case. We ask that you help defray this cost by paying: 1. A $25.00 filing fee, which was to be included with the Preliminary Questionnaire; 2. A processing fee of $550.00, which can be paid in full or in twelve monthly installments; 3. An Appellate Court fee of $100.00, which will be requested at the time your case is

submitted to the Appellate Court (Second Instance). 4. Expenses incurred due to any long distance phone calls made by this office on your behalf,

and any other fees incurred during the process, such as fees for psychological assessments, or fees charged by your expert witnesses.

We do not wish to impose financial hardship on anyone. If you cannot pay the fees in full, please contact this office in writing with the details of your particular situation. X. CONCLUSION The staff of the Metropolitan Tribunal realizes that the marriage nullity process is long, painful, involved, and demanding. But, it may also serve as a healing process which will help you and your former spouse in dealing with the future. We will do all that is possible to assist you in this process. PLEASE KEEP THIS SUMMARY AT HAND. IT WILL HELP YOU DURING THE MARRIAGE NULLITY PROCESS.

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LIBELLUS Petitioner’s Questionnaire

INSTRUCTIONS: 1. Remember that this is an interview on paper. 2. Please read the Information Summary before you proceed to answer the questionnaire. Please sign

all pages, where indicated. 3. Please print or type your responses on 8 1/2" x 11" paper. Write on one side only and number the

pages. Do not answer the questions by writing on this form. 4. Please answer all the questions as completely as possible. 5. Do not use Yes or No answers. These are of little help in trying to understand your situation. The

questions are meant to serve as suggestions for your reflection on these areas of your life, your former spouse's life, and the marriage itself. Please give a very detailed explanation of the courtship, the reason(s) for marriage/convalidation, and all the different problems encountered from the beginning of the relationship.

6. Do not discuss your answers with anyone as this could jeopardize the case. 7. The collection of your answers to these questions is your deposition; they are your allegations

concerning the history of the marriage. This is a legal document in the Church. Before you send your deposition back to our office, PLEASE MAKE COPIES of this document and the Statement of the Petitioner, and keep them together with the Information Summary and this Questionnaire with your other important records.

8. Please be aware that in accord with Canon Law, you and your former spouse have the right to view

each other's allegations before the conclusion of this case, along with witness testimony. Only in cases of very serious danger may your testimony be withheld, and this is done at the Judge's discretion.

9. Please keep the INFORMATION SUMMARY at hand - both will be a great help to you during the

marriage nullity process. 10. If you have any questions or need help, please contact your Advocate or check your

INFORMATION SUMMARY.

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11. DOCUMENTS YOU SHOULD SEND TO OUR OFFICE FOR THIS PROCESS:

a. Petition (page 17) b. Statement of the Petitioner (pages 18 and 19) c. Depositions/Allegations/History of the marriage (answers to the

questionnaire) d. List of Witnesses [non-experts and experts] (pages 20 and 21) e. Certified copy of the Marriage Certificate f. Certified copy of the Divorce/Dissolution/Civil Annulment decree g. If you are Catholic, your baptismal certificate (issued within the last six

months); if not Catholic, any proof of baptism is optional and will be accepted

h. Catholic Baptismal Certificate of the Respondent (issued within the last six months)

Note: A certified copy is the copy issued to you by the court/church with

their seal on the document or a copy of those documents issued by the court/church and notarized by a Notary Public or your parish priest with the church's seal.

THIS PETITION CANNOT PROCEED IF ANY OF THE ABOVE DOCUMENTS IS MISSING.

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QUESTIONNAIRE A. FAMILY BACKGROUND 1. Briefly describe your family background, including a description of your parents' relationship, your

relationship with your parents and your relationship with your brothers and sisters. 2. What is your overall opinion of your childhood and adolescent years in relation to your family,

friends and school? Make note of particular events/problems. 3. What is your educational background? 4. Are there any instances of divorce in your family? If so, did they influence your attitude toward

marriage and divorce? 5. Are there any instances of physical or sexual abuse occurring during your childhood or adolescent

years? If so, please answer the following questions: a. When did the abuse occur? b. Over what period? (duration) c. Where did it occur? City: State: d. What was the nature of the abuse (physical, sexual or emotional)? e. Who was the perpetrator of the abuse? Name: f. Is the perpetrator still alive and, if so, where does he or she live? g. What is the perpetrator’s current occupation? h. Is the perpetrator currently in a position of trust over minors, such as a teacher or other

school worker, coach, doctor, parent or guardian of children under the age of 18? i. Do you have any reason to believe that the perpetrator is currently abusing any minor? j. Do you have any reason to believe that the perpetrator abused anyone else? k. Have you previously reported the abuse to civil authorities? If so, when and where did you

make that report?

6. Have you had a homosexual experience during your adolescent years, or at any other time in your life? If so, what effect or bearing did that have on your decision to marry, or on the marriage itself?

7. Please answer all of the above questions (1 - 6), regarding your former spouse and his/her family

background. 8. In answering these questions, do you note significant differences in the two families? Please

explain.

B. COURTSHIP

1. How old were the two of you when you started dating each other?

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2. How old were the two of you when you were married? 3. How did you and your former spouse meet and start dating? 4. While you were dating, were there any particular problems or interruptions? How did you deal

with these problems and/or interruptions? 5. How long did you date before you became engaged? How long were you engaged before you were

married? 6. Describe the level/quality of communication at the time you decided to get married. Was it honest

and open, for example? 7. Prior to contracting marriage, did you and your former spouse cohabitate? If so, for how long?

How did this impact your decision to marry, or did it? 8. How responsible were you for your own lives at the time of marriage? Do you feel you had the

freedom and sense of responsibility for a foundation for marriage? 9. Had you completed the things you wanted to do as a single person (e.g. education, travel, job

experience, etc.)? 10. Did either of you have any serious doubts or reservations about getting married and/or the future

success of the marriage? If so, please describe them and how they were handled. 11. Describe the quality of love between the two of you. What kind of love did you have for each

other? Were you in love or was it infatuation? 12. Was there any opposition to the marriage from family or friends? If so, why were they opposed? 13. Did common and mutually understood goals for the marriage exist? 14. How well did you know each other (e.g. attitudes, personality traits, etc.)? 15. Did the two of you have the capacity to accept and follow through with the responsibilities of

marriage? 16. Did you have a basic and realistic understanding of the seriousness of marriage and its

responsibilities? 17. What was the real motive(s) for the marriage?

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C. PREMARITAL INSTRUCTIONS NOTE: If there were no instructions, proceed with Section D, PRESSURE TO ENTER THE

MARRIAGE. 1. Were there any instructions before the marriage? If so, of what did they consist? 2. Did these instructions bring about any difference of opinion or attitude in regard to the marriage? 3. If there were differences that you became aware of as a result of the premarital instruction, did these

problems eventually affect the marriage? D. PRESSURE TO ENTER THE MARRIAGE 1. Was pregnancy involved before the marriage? 2. If pregnancy was involved, what was your reaction to it? Your former spouse's reaction? What

was the reaction from your families? 3. Did you see any choice other than marriage? 4. If pregnancy was involved and you had not married, would this have seriously influenced your

relationship with your respective families? If so, how? E. OTHER PRESSURE TO ENTER THE MARRIAGE 1. Do you feel you were pressured into the marriage? If so, what form did the pressure take? For

example, were you the last of a close knit group of friends to be married? Did you feel that you were getting "too old" to be single? Were you the last person in your family to marry? Was it your expectation, or that of your family or friends, to be married by a certain age? Was another type of pressure present?

2. Did this pressure leave you with a viable choice other than marriage? 3. Would you have married, either at the time or at all, if the pressure had not been present? Explain

fully. 4. Did any significant plans for the future have to be changed because of the pressure to marry? Did

this change in plans cause any resentment or tension in the marriage? 5. Did the pressure to marry push aside any doubts that existed, thinking you would resolve them

later? 6. Did the pressure prevent you from considering the real implication of married life and its

responsibilities? Please explain in detail.

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F. MARRIED LIFE 1. From the beginning of the marriage, were you both happy with the choice of marriage? Explain in

detail. 2. Do you feel that both of you were working together to make the necessary adjustment to married

life or were you letting married life develop on its own? 3. Was the initial adjustment to married life delayed for any reason (military, school, etc)? 4. Did you discover anything about each other soon after the marriage that you think you should have

known about before you entered marriage? If so, do you feel that it was covered up intentionally? Explain in detail.

5. Were there any areas of married life which were particularly difficult for either of you? If so, what

were they and how were they handled? Please explain in detail. 6. Did both of you understand your various responsibilities in the marriage? Were they fulfilled? 7. Did you and your former spouse attempt to deepen your marriage through communication and

mutual decision making? 8. When did the first serious problems begin to appear in the marriage? What form did these take?

(When answering, try to give specific times. For example: The first really serious problems appeared in the first few months or the first year of the marriage and the problem consisted of...).

9. Were there mutual attempts to try to deal with and resolve these problems, or did you simply let

them go away by themselves? Explain in detail. 10. Were there any separations during the course of the marriage? When did they occur (first year, last,

etc.)? What caused them? How were they resolved? Please explain in detail. 11. Why did the marriage last as long as it did? Please explain in detail. G. PERMANENCE OF MARRIAGE 1. Did both of you go into the marriage with at least the intellectual understanding that marriage was

meant to be a permanent, life-long commitment? 2. Do you feel that this was actually the type of commitment which you made to each other as

opposed to simply hoping that it would become a life-long commitment? 3. During the marriage, did you have close friends who influenced your decision for a divorce? If so,

were these people also divorced? Please explain in detail.

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4. Were both of you settled enough in your own lives and strong enough in your own relationship to

take on such a commitment with a hope for success? Please explain in detail. 5. Did either of you go into the marriage setting any conditions which would have to be met in the

marriage if the marriage was to continue? For example, entrance into the Church, completion of education, etc. Please explain in detail.

6. Did either party appear to be living like a single person, despite the fact of being married? Please

explain in detail. 7. Did either party spend an excessive amount of time away from home other than time at work or

reasonable recreation? H. SEXUAL ASPECT OF MARRIAGE 1. Did both of you see sex as an integral part of the marriage and also as a way of showing true love

for each other as opposed to just using each other? 2. Did either party show any sexual attitudes or ask for practices which were unacceptable to the other

party? 3. Were there problems of a sexual nature in the marriage? If so, what were they and how were they

handled? For example, if there were problems, did you attempt to resolve them through open and honest discussion or counseling?

4. Was there a problem with impotence? 5. If impotence was a problem, was it functional or psychological? What do you think caused it?

Was anything done to correct it? What were the results? 6. Was there ever any surgery which may have affected the sexual aspect of the marriage? For

example, tubal ligation, vasectomy, hysterectomy, etc. If there was surgery, what was done and why? How did it affect the sexual aspect of your marriage?

7. Are you homosexual or heterosexual in your sexual orientation? If you are homosexual in your

sexual orientation, when do you believe you first began to be attracted to those of your sex? How did this affect your view of yourself? How did this affect your relationship with your former spouse, either before or after the marriage? How did this affect your decision to marry?

8. Please answer question #7 in regard to your former spouse.

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I. CHILDREN 1. Prior to the marriage in question, had you and your former spouse discussed the possibility of

having children once married? Did you discuss the size of the family and when to start having children? What did you decide?

2. Do you feel that both of you were comfortable enough with the responsibility of married life to

consider taking on the added responsibility of children from the marriage? Explain your response. 3. Were the two of you strong enough in your own relationship to provide a healthy environment in

which to bring up a child or children? 4. How many children were born from this marriage? Please provide their names and dates of birth. 5. Did both of you want children from the marriage? If not, who did not and why? Please explain in

detail. 6. Were contraceptives used? What was used, and with what consistency? NOTE: If no children were born from the marriage, continue with section J, NO CHILDREN. If children

were born from the marriage, finish this section and continue with section K, FIDELITY. 7. Were you and your former spouse actually united in the way you felt that the child(ren) would be

raised? (For example, religion, education, discipline and other values, etc.) 8. Did either party show any jealousy or seem to be in competition with the child(ren)? 9. Did either of you set any conditions which had to be met before children were considered? If so,

when were they set? Were they met? Please explain in detail. 10. Who was given primary physical custody of the minor child(ren), if any? 11. If the court ordered child support and/or alimony, are these obligations being met? If not, please

explain in detail. 12. Are you and your former spouse presently involved in civil litigation concerning the custody of

your child or children? If so, please explain. 13. If there was a child (or children) from this marriage, were either of you accused by anyone of child

abuse or neglect in any way? Please explain the circumstances. Were either of you ever arrested or convicted of abuse or neglect? If so, please explain the circumstances.

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J. NO CHILDREN 1. If one party to the marriage wanted children and the other did not, what were the reasons given for

this? When did you find out that children were being excluded from the marriage? Please explain in detail.

2. If one party wanted a child, was he/she refused? Why? 3. Was anything used to ensure that there would be no children from the marriage? What was used

and with what consistency? 4. Was this to be a temporary or permanent exclusion of children? 5. Did either or both of you set any conditions which had to be met before children would be born of

the marriage? When were these conditions set? Were the conditions met?

K. FIDELITY 1. Did both of you regard fidelity as an essential part of your commitment to each other in the

marriage? If not, please explain in detail. 2. Did either party reserve the right to associate with others to whatever degree of intimacy he/she

desired, despite the fact of being married? 3. Were there any problems with fidelity in the marriage? If so, when did you become aware of these?

Please explain in detail. 4. Do you feel the infidelity may have been a symptom of deeper problems or lack of feeling in regard

to the marriage in general? 5. If there were actually problems with fidelity in the course of the marriage, were there any serious

attempts to re-establish a relationship of which fidelity was a part? 6. Were there any cultural factors which may have influenced the attitude toward fidelity? For

example, was it acceptable for one party to be unfaithful while demanding fidelity of the other party?

L. PSYCHOLOGICAL/PHYSICAL PROBLEMS

1. Was there any serious physical or emotional imbalance (e.g. date or spousal abuse or rape,

substance abuse, addiction, depression, anxiety attacks, etc.) either prior to or during the course of the marriage on either part? If so, what form did this take? Please explain in detail. What effect did this have on your decision to marry and/or that of your former spouse?

2. What treatment was sought for this and what were the results? For instance, did either of you

receive in-patient or out-patient treatment at a clinic or other institution for this? If so, how long

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did this last? Please explain the circumstances. Also, please include the therapist, clinic or agency

on the LIST OF WITNESSES under “EXPERTS”. 3. If this occurred before the marriage, were you aware of it or was it concealed from you? If it was

concealed from you, would you have gone through with the marriage if you had known about it? 4. Was any professional diagnosis ever offered in regard to this particular situation? By whom, when,

and what was the actual diagnosis?

M. VALIDATION IN THE CATHOLIC CHURCH

NOTE: If you or your former spouse are Catholic and the two of you were first married civilly, by a

Judge, or by a non-Catholic minister and later had your marriage validated (blessed) in the Catholic Church, you must complete this section. Otherwise, skip to Section N, END OF THE MARRIAGE.

1. Why was the marriage not celebrated in the Catholic Church from the beginning? Please explain in

detail. 2. Did either of you miss being able to receive the Sacraments during the course of the marriage? 3. When did the first serious discussion of marriage in the Church arise? Please explain in detail. 4. Did either party to the marriage feel that having the marriage validated in the Church was

unnecessary, i.e., that you were already married, etc.? Please explain in detail. 5. Please describe the quality of your married life at the time the marriage in question was validated in

the Church. 6. Was anyone, such as parents, pushing to have the marriage validated? If so, explain in detail. 7. Did the priest who worked with you in preparing the validation explain that this was THE marriage

as far as the Church was concerned and that it required a true renewal of marital consent with all the qualities, such as permanence, fidelity and openness to children, which the Church considers essential? If not, please give an account of your understanding of what this "validation" meant to you and to your former spouse.

8. Was a new act of consent given by each of you or do you feel that only one of you gave a new act of

consent? Please explain. 9. What was the actual motive for having the marriage blessed in the Church? For example, was the

motive to solve problems in the marriage, to return to the Sacraments, to have a baby baptized, to restore a relationship with a particular family member, or was some other motive involved? Please explain in detail.

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10. Were both of you happy and enthusiastic about having the marriage blessed in the Church? If not,

explain in detail. 11. Do you think that following the validation of the marriage in the Church, you and your former

spouse had a greater sense of the value of the sacramentality of marriage and worked harder at improving the marriage?

12. If there was pressure present, how much did this influence having the marriage validated? Would

you have done this if the pressure had not been present? Why? Please explain in detail.

N. END OF THE MARRIAGE

1. Please describe in detail the events which led up to the final separation and civil process of ending

the marriage. 2. Were there any efforts at counseling to try to bring about reconciliation? If counseling was sought,

from whom was this sought and with what results?

O. ADDITIONS 1. Why have you petitioned the Tribunal at this time? Are you involved in an RCIA program or anticipating a new marriage? Please explain. 2. What do you know about the Respondent’s present circumstances, i.e., single, remarried, etc.? 3. Do you have anything to add which has not been covered, but which would enable the Metropolitan

Tribunal of the Archdiocese of Denver to have as complete an initial picture of the marital situation as possible?

NOTE:

BEFORE YOU RETURN YOUR ANSWERS TO OUR OFFICE, MAKE YOUR OWN COPY OF THIS DOCUMENT AND KEEP IT FOR YOUR RECORDS.

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PETITION FOR NULLITY

___________________ -___________________ Petitioner Maiden Name Respondent Maiden Name

________________________

Protocol Number (FOR OFFICE USE ONLY)

I, the undersigned Petitioner, hereby request the Metropolitan Tribunal of the Archdiocese of Denver to investigate the marriage listed above according to Catholic Church Law. If the facts and law warrant such a decision, I ask that it be declared null from the beginning based on these grounds:_____________________________________ __________________________________________________________________________________________________________________________________________________________________________ I believe my allegations can be substantiated by documents, testimony and evidence. Date Petitioner's Signature

Place Advocate’s Signature

PETITIONER INFORMATION RESPONDENT INFORMATION

(Please include preference: Mr., Mrs., Ms., Miss, Dr., etc.)

Full Name

Maiden Name

Street Address

City/State/Zip

Home Phone

Work Phone

Date of Birth

Occupation

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PETITIONER’S STATEMENT OF AGREEMENT I will provide the Metropolitan Tribunal of the Archdiocese of Denver (“the Tribunal”) with all required documents as well as a complete list of all of my witnesses with their correct addresses. I agree to inform the witnesses beforehand that the Tribunal will be contacting them in the near future to ask for their cooperation in processing this case. I will make myself available for a personal interview, if necessary. I will also inform the Tribunal of any change of address. I understand that no guarantee can be given to me regarding when the canonical process will be completed, or if the final decision will be favorable to me. I agree that I am not to set a date for any future marriage in the Catholic Church until a final and favorable decision has been rendered. I understand that no priest or deacon is to provide me with even a tentative date for a future marriage in the Catholic Church. I acknowledge that a decision depends wholly on the merits of the case, the evidence and the exact reasons which the Church recognizes as grounds for nullity. I understand that if an affirmative decision is reached, either the Defender of the Marriage Bond or my former spouse may appeal it, and stipulations against a subsequent marriage may be placed on me, pending an assessment of my readiness to live out a sacramental marriage. Also, either of these conditions may delay my ability to set a date for a forthcoming marriage in the Catholic Church. I understand that the Tribunal staff is bound by oath to confidentiality. Marriage case information is never made available except as required by Catholic Church law. It is the policy of the Tribunal to disclose testimony only to those duly authorized ecclesiastical officials or other ecclesiastical Tribunals when necessary for the resolution of the case. These would include my Advocate and Experts duly appointed by the Court or the parties and accepted by the Court. I understand that even though the tribunal staff’s work is governed by an oath to confidentiality, there may be circumstances when the staff is required by Colorado law to report information that becomes known through the Tribunal process to civil authorities. For example, Tribunal staff may be required to report allegations of child abuse pursuant Colorado’s mandatory reporting laws even though the person reporting the abuse is an adult and the abuse occurred to the person when he or she was a minor. In cases where reports to civil authorities are required we are bound by Church law and secular law to make that report and will do so. The Tribunal staff will make every effort to advise the affected person that a report will be made. I understand that the Respondent in this case (my former spouse) will have the opportunity to review my allegations ("libellus") and the names of those who will be presented as witnesses. In turn, I will be afforded the opportunity to review the testimony provided by my former spouse. In addition, both my former spouse and I will be able to review testimony provided by witnesses. However, I understand that

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my testimony, along with that provided by my former spouse, will not be made available to witnesses or anyone acting in their behalf, or in any civil proceedings. I understand I may request that portions of my testimony be withheld from view by the Respondent for serious reasons such as avoidance of defamation of character, family discord or scandal, but such confidentiality is not guaranteed. Witnesses may also request confidentiality based on the reasons mentioned. However, the Court will determine whether the request for confidentiality can be granted. I will maintain secrecy, that is, I will not discuss these matters with anyone other than my Advocate and the Tribunal staff until the case is concluded. I agree to cooperate fully with the Court. I attest that I have read the Statements and Policies of this Tribunal and that I agree to be bound by them. I swear that the allegations which I submit with this application are the whole truth. I hereby appoint the undersigned priest/deacon to serve as my Advocate. I authorize him to communicate with the Court on my behalf and receive copies of all pertinent notifications. I will notify the Tribunal in writing if I wish to name a different individual to serve in this capacity at a later date. Petitioner’s Signature Date I, the undersigned priest/deacon, agree to assist the above-signed Petitioner as his/her Advocate. Name of Advocate Church Address Telephone Number Advocate’s Signature (Parish Seal)

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PAYMENT AGREEMENT

Case Names: PET MAIDEN-RESP MAIDEN Prot. No.: 3015-4015 PET first M. PET Last 123456 Main Street Anywhere, CO 800011 I, the undersigned, agree to pay the fees noted below to the Metropolitan Tribunal of the Archdiocese of Denver. I understand that failure to pay these fees, pursuant to this agreement, may cause my case to be suspended. At this time, the following fees apply to your case: 1. Filing Fee: $25.00 (paid) 2. Processing Fee: $550.00

Please indicate how you intend to pay your current balance, which is $550.00: ____ Payment in full (Payment enclosed Y/N_____, $______, Ck #_________) ____ Monthly installments of $______

NOTE: If you prefer monthly installments, we would appreciate the balance being paid within twelve months. The Archdiocese of Denver Management Corporation will send you an invoice on the 27th of each month. (The invoice will be for the entire amount, please make a payment for the amount specified in this agreement) This payment agreement is required to be returned to our office regardless if you choose to pay in full or make monthly payments. It is not our wish to impose financial hardship on anyone, if you need to make different payment arrangements, please contact our office. This payment agreement takes effect upon the acceptance of your petition. If your petition is not accpeted this payment agreement is void. ________________ _________________________________________ Date Petitioner’s Signature ________________ _________________________________________ Place Signature of Notary Public, Deacon or Advocate

Please do NOT send any payments until you receive an invoice from the Archdiocese of Denver Management Corporation.

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PETITIONER’S WITNESS LIST Case Names: CASE NAMES Prot. No. CASE NUMBER

NON-EXPERT WITNESSES (Family members, friends, etc.)

Circle One: Mr. Mrs. Ms. Office Use Only Name: Relationship: Date Sent:

Address: City/State/Zip: Date Received: Home Phone: Work Phone: Year witness met you: Year witness met former

spouse:

Email address (mandatory for outside the U.S.)______________________________________

Circle one: Mr. Mrs. Ms. Office Use Only Name: Relationship: Date Sent:


spouse:




spouse:




spouse:


INSTRUCTIONS: • List 3 or 4 people who have knowledge of your family background, childhood and marital situation and who are willing to testify onyour behalf.• You must contact your witnesses and solicit their cooperation before submitting their names as witnesses.• If the witnesses inquire about confidentiality, please inform them that they may request this of the Presiding Judge.• We suggest you include parents, siblings, and friends from the period of courtship and marriage. Please make an effort to include peoplefrom your side and from your former spouse’s side.• Please do not include any children of this marriage.• You must provide complete names and current addresses (and telephone numbers, if possible). We will contact your witnesses by mail.• YOUR PETITION CANNOT BE ACCEPTED IF THERE ARE NO WITNESSES LISTED.

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EXPERT WITNESSES

Circle one: Dr. Rev. Mr. Mrs. Ms. Office Use Only Name of Counselor: Release sent: P R

Dates: Which Party: Date Quest. Sent:

Address: Date Quest. Received:

City/State/Zip:




City/State/Zip:




City/State/Zip:

Name of Hospital/Clinic: Office Use Only

Circle One: Dr. Rev. Mr. Mrs. Ms. Name of Counselor: Release

Sent: P RDates: Which Party: Date Quest.

Sent:Address: Date Quest.

Received:City/State/Zip:

Name of Hospital/Clinic: Office Use Only Circle One: Dr. Rev. Mr. Mrs. Ms.

Name of Counselor: Release Sent: P R



City/State/Zip:

INSTRUCTIONS: • List all counselors, psychologists, and psychiatrists from whom you or your former spouse sought assistance, before, during, or after the

marriage.• We consider these individuals as “experts” and their testimony can be helpful to the Court in understanding the marital situation.• The party who received treatment will be asked to sign a “professional release of information,” so that the Tribunal can obtain the testimony of

these witnesses. We will be contacting them by mail.

INSTRUCTIONS: • Were either you or your former spouse hospitalized for any nervous or mental difficulty, before, during, or after the marriage? If so, please list

the hospitals or clinics and the treating physicians or counselors.• A signed “professional release of information” will be necessary in order to obtain the testimony of these individuals who will be contacted by

mail.

Petitioner Maiden Name: Protocol Number FOR OFFICE USE ONLY: Please include preference Mr Mrs Ms Miss Dr etc: Full Name: 4: 5: 6: 7: Maiden Name: Street Address: Home Phone: Date of Birth: Occupation: that it be declared null from the beginning based on these grounds 1: that it be declared null from the beginning based on these grounds 2: allegations can be substantiated by documents testimony and evidence: Date: Place: Date_2: Name of Advocate: Church: Telephone Number: Payment in full: Payment enclosed YN: Ck: Monthly installments of: Date_3: Place_2: Relationship: Name: Address: Office Use Only Date SentRow1: CityStateZip: Home Phone 1: Home Phone 2: Work Phone: Date ReceivedRow1: spouse: Date ReceivedRow2: Email address mandatory for outside the US: Relationship_2: Name_2: Address_2: Office Use Only Date SentRow1_2: CityStateZip_2: Home Phone 1_2: Home Phone 2_2: Work Phone_2: Date ReceivedRow1_2: spouse_2: Date ReceivedRow2_2: Email address mandatory for outside the US_2: Relationship_3: Name_3: Address_3: Office Use Only Date SentRow1_3: CityStateZip_3: Home Phone 1_3: Home Phone 2_3: Work Phone_3: Date ReceivedRow1_3: spouse_3: Date ReceivedRow2_3: Email address mandatory for outside the US_3: Relationship_4: Name_4: Address_4: Office Use Only Date SentRow1_4: CityStateZip_4: Home Phone 1_4: Home Phone 2_4: Work Phone_4: Date ReceivedRow1_4: spouse_4: Date ReceivedRow2_4: Email address mandatory for outside the US_4: Which Party: Office Use Only: OffP: Off1: 2: 3: undefined: Received: Office Use Only_2: OffP_2: OffWhich Party_2: 1_2: 2_2: 3_2: undefined_2: Received_2: Office Use Only_3: OffP_3: OffWhich Party_3: 1_3: 2_3: 3_3: undefined_3: Received_3: Circle One Dr Rev Mr Mrs Ms: Office Use Only_4: Release: OffWhich Party_4: 1_4: 2_4: 3_4: undefined_6: Received_4: Circle One Dr Rev Mr Mrs Ms_2: Release_2: OffWhich Party_5: 1_5: 2_5: 3_5: undefined_9: Received_5:

archdiocese of denver · 2020. 3. 18. · marriage or the matter of marriage nullity lightly. the...

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