Marriage is a permanent committment lasting until the death of a spouse. No one can dissolve a valid marriage and no one who is validly married can enter into a new marriage. However, there is sometimes cause to question the validity of the marriage committment. In such a case, when the couple has already separated, one or the other may petition for a Decree of Nullity.
Petition for a Decree of Nullity Due to Lack of Canonical Form
Catholics can only marry in accordance with the laws of the Church which require the presence of a priest or deacon (or other minister appointed by the Bishop). For that reason, the Church does not usually consider the civil marriage of a Catholic to be a valid marriage. In such a case, and when no Catholic marriage has subsequently taken place, a person who is separated from his or her spouse may petition for a Decree of Nullity Due to Lack of Canonical Form. This petition, which may be submitted to the local pastor, is supported by the following documents:
1. Recent Certificate of Catholic Baptism (or Profession of Faith) for either spouse.
2. Certified copy of the marriage license.
3. Certified copy of the divorce decree.
Formal Petition for a Decree of Nullity
When a Catholic has married in the Church according to her laws, there is always the presumption of validity. However, only the Diocesan Tribunal can make a definitive judgement on the actual validity of the marriage. Filing a formal petition with the Tribunal for a Decree of Nullity is a more involved process and should begin with a visit to a parish priest or deacon to discuss the process.
(Please Note: Non-Catholics may validly marry outside of the Church and in a civil ceremony. In the case of a Catholic who is seeking to marry a non-Catholic who was previously married, a Decree of Nullity may be required for the non-Catholic marriage before any Catholic wedding can take place.
In many cases concerning Marriage or Annulment, there are unique circumstances. Please consult with a priest or deacon to discuss your particular case.