Diocese of Las Cruces Tribunal Petition for declaration of nullity of marriage
A civil divorce must be finalized prior to applying for an annulment. Because of separation of Church and State ecclesiastical declarations of nullity have no civil effects. All information is confidential and made known only to the Tribunal officials and both parties, as required by canon law. One’s former spouse (the Respondent) will be contacted because he/she must be informed that an action is being taken that involves him/her as required by canon law. No third party has access to any case information. However, experts may be consulted in some cases. The Petitioner and the Respondent have the right to hire an Advocate (canon lawyer) but the Advocate must be approved by the Bishop of Las Cruces. The Petitioner will be asked to provide a list of witnesses that are knowledgeable about the personal backgrounds of those involved and courtship and marriage in question. It is suggested that you get assistance in completing this petition from either your pastor or an auditor (person trained in this process) in your area.
Section A – General Information 1 Legal Name First: Maiden Name (if applicable):
Middle:
Last:
2
Mailing Address: City: Cell Phone: Email: Date of Birth:
3
List all of your marriages including your current union. Be sure to list the Catholic Church convalidation or ‘blessing’ of any of these marriages.
State: Home Phone: Occupation: Place of Birth:
Zip: Work Phone:
A
Name of Spouse (before your marriage): Date: Name of Church, Court, etc.: Church/Court Address: City: County: State: Zip: How, when and where (e.g., place of divorce) did this marriage end? Death Divorce Annulment Date: Place (county and state) or Tribunal:
B
Name of Spouse (before your marriage): Date: Name of Church, Court, etc.: Church/Court Address: City: County: State: Zip: How, when and where (e.g., place of divorce) did this marriage end? Death Divorce Annulment Date: Place (county and state) or Tribunal:
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4
C
Name of Spouse (before your marriage): Date: Name of Church, Court, etc.: Church/Court Address: City: County: State: Zip: How, when and where (e.g., place of divorce) did this marriage end? Death Divorce Annulment Date: Place (county and state) or Tribunal:
D
Name of Spouse (before your marriage): Date: Name of Church, Court, etc.: Church/Court Address: City: County: State: Zip: How, when and where (e.g., place of divorce) did this marriage end? Death Divorce Annulment Date: Place (county and state) or Tribunal:
E
Name of Spouse (before your marriage): Date: Name of Church, Court, etc.: Church/Court Address: City: County: State: Zip: How, when and where (e.g., place of divorce) did this marriage end? Death Divorce Annulment Date: Place (county and state) or Tribunal:
To which marriage does this application refer?
A
B
C
D
E
5 Is this a marriage that took place in a non-Catholic setting with the permission of the Catholic Church? Yes No If yes, what parish has the Catholic records? 6
Have you ever been baptized? Yes No If yes, in what religion? Approximate date: Name of Church: Address of Church: What was your religion at the time of this wedding?
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Section B – Former Spouse Information 7 Present name of your former spouse to whom this application applies and address. The Tribunal expects you to provide this information about your former spouse. Failure to do so will delay your case. Legal Name First: Middle: Last: Maiden Name (if applicable): Mailing Address: City: County: State: Zip: Is this his/her only residence? Yes No If no, please explain: Cell Phone: Work Phone: Email: Occupation: Work Address: Date of Birth: Place of Birth: 8
9
How long did you date? How long were you engaged? How many children were born or adopted into the marriage? What are their dates of birth? 1: 3: 4: 5: 6:
2:
7:
Approximate date when you and your former spouse separated (Not divorced):
10 Has your former spouse ever been baptized? Yes No If yes, in what religion? Approximate date: Name and address of Church: What was the religion of your former spouse at the time of this marriage? 11 Have any of your prior marriages ever been brought to the attention of a Church Tribunal or Chancery Office? Yes No If yes, which marriage: when: which Tribunal: 12 Was your former spouse ever married to another person before marrying you? Yes No If yes, how many times was your former spouse married prior to you? Please list the previous marriages of your former spouse if you have the information. Date? To whom? Where did the wedding take place?
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Section C - Assessment of your previous marriage The following questions are designed to give the Tribunal insight about your previous marriage. The process is not designed to blame either you or your previous spouse, but to investigate if the marriage was a true marriage as understood by the Catholic Church. The more you allow the Tribunal to understand your relationship the more likelihood it can give a just decision. An invalid marriage is understood as being invalid from the beginning, it does not become invalid later because of someone doing, or not doing something later in the marriage, but from the beginning. So the questions focus on the time around the wedding. Please think about each of these questions and give a full and honest answer. Please fill out all of the questions that apply to your previous marriage. Please note: If you first civilly married your former spouse, and then married in the Catholic Church, these questions are regarding your Catholic Church wedding, not the civil wedding. 13  At the time of our wedding, I did not realistically believe our relationship was strong enough for us to be married. Please explain.
 At the time of our wedding, my former spouse did not realistically believe our relationship was strong enough for us to be married. Please explain.
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14  At the time of our wedding, I do not believe I was mature enough to truly make the commitment/decision to marry. Please explain.
 At the time of our wedding, I do not believe my former spouse was mature enough to truly make the commitment/decision to marry. Please explain.
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15 At the time of our wedding, I already had personal and/or family experience of, or had been a victim of physical, sexual, emotional or verbal abuse.
Please explain.
At the time of our wedding, my former spouse already had personal and/or family experience of, or had been a victim of physical, sexual, emotional or verbal abuse. Please explain.
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16  At the time of our wedding, I already struggled with what would later be seen as an addiction (alcohol, drugs, pornography, gambling, etc.). Please explain.
 At the time of our wedding, my former spouse already struggled with what would later be seen as an addiction (alcohol, drugs, pornography, gambling, etc.). Please explain.
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17  At the time of our wedding, I expressed, experienced, concealed, or unrealistically denied difficulties with sexual orientation. Please explain.
 At the time of our wedding, my former spouse expressed, experienced, concealed, or denied difficulties with sexual orientation. Please explain.
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18 At the time of our wedding, I went through the wedding ceremony primarily for a different reason than to become married (e.g. to get out of my parent’s house, so I would not be alone, to become a godparent, etc.). Please explain.
At the time of our wedding, I believe my former spouse went through the wedding ceremony primarily for a different reason than to become married (e.g. to get out of his/her parent’s house, so he/she would not be alone, to become a godparent, etc.). Please explain.
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19  At the time of our wedding, I wanted to back out of the ceremony but felt I could not do so. Please explain.
 At the time of our wedding, I believe my former spouse wanted to back out of the ceremony but felt he/she could not do so. Please explain.
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20  At the time of our wedding, I felt other things were more important than my spouse. Please explain.
 At the time of our wedding, I believe my former spouse felt other things were more important than me. Please explain.
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21  At the time of our wedding, I did not intend to have children.
Please explain.
 At the time of our wedding, I believe my former spouse did not intend to have children. Please explain.
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22  At the time of our wedding, I believed that I could have sex with other people besides my former spouse. Please explain.
 At the time of our wedding, I believe that my former spouse believed he/she could have sex with other people besides me. Please explain.
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23  At the time of our wedding, I believed that if things do not work out I would just get a divorce. Please explain.
 At the time of our wedding, I believed my former spouse believed that if things do not work out well he/she would just get a divorce. Please explain.
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24  At the time of our wedding, I intended to marry only if some condition or expectation would be fulfilled. (e.g. my former spouse graduated college, my former spouse became a professional, ect.). Please specify this condition. Please explain.
 At the time of our wedding, I believe my former spouse intended to marry only if some condition or expectation would be fulfilled. (e.g. that I graduated college, that I became a professional, ect.). Please specify this condition. Please explain.
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25  At the time of our wedding, I felt forced to marry because of some external force or pressure. (e.g. an unplanned pregnancy, in my culture everyone was married at my age, etc.). Please explain.
 At the time of our wedding, I believe my former spouse felt forced to marry because of some external force or pressure. (e.g. an unplanned pregnancy, in his/her culture everyone was married at his/her age, etc.). Please explain.
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26  At the time of our wedding, I required that my former spouse had to have a particular quality/characteristic and this was the principal reason for marrying (e.g. I was only marrying because he/she held a certain position, etc.). Please explain.
 At the time of our wedding, my former spouse required that I have a particular quality/characteristic and this was the principal reason for marrying (e.g. that I held a certain position, etc.). Please explain.
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27  At the time of our wedding, I purposely did not disclose a significant fact that would have affected the decision to marry. (e.g. that I had married before, that I had a certain health condition, etc.). Please explain.
 At the time of our wedding, my former spouse purposely did not disclose a significant fact that would have affected the decision to marry. (e.g. that he/she had married before, that he/she had a certain health condition, etc.). Please explain.
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28 At the time of our wedding, I deceived my former spouse into marrying. Please explain.
At the time of our wedding, my former spouse deceived me into marrying. Please explain.
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29 Why do you think this marriage was invalid from the very beginning? Please explain. Your response to this question is required.
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Section D- Concerning a future marriage in the Catholic Church 30 Are you presently married (even if only civilly)? Yes No Are you planning marriage? Yes No If you answered “No” to both these questions, skip numbers 31-35. 31 Name of the person you are civilly married to, and/or are intending to marry in the Catholic Church: Address: City: State: Zip: 32 Was your present or intended spouse baptized? Yes No If yes, what religion? 33 If you are presently married (even if only civilly), please indicate: Date of marriage: Place: City: County:
State:
34
Was your present/intended marital partner ever married to another person (even civilly) before marrying you? Yes No If No, skip question 36. If Yes, number of times:
35
Was/were the marriage(s) declared invalid by the Catholic Church? Yes No If Yes, name of Tribunal: If No, a declaration of nullity by the Catholic Church may be needed. Please consult with the staff at your parish.
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By signing below: - I understand that absolutely no priest, deacon, or pastoral minister may provide me with even a tentative date for a future marriage in the Catholic Church until an affirmative decision is given and approved by a proper Ecclesiastical Court. - I understand that all information gathered in my case is privileged and confidential and solely for the use of the Tribunal of the Roman Catholic Church. - I testify to the truthfulness of these statements and I realize that, if I purposefully misinformed the Tribunal, that this petition will be null and void. Signature of Petitioner: Signature of Priest or Auditor: Name of Priest or Auditor: Parish Address: City:
Date:
State:
Phone: Zip:
A $200.00 filing fee is requested. Please make checks payable to the Diocese of Las Cruces. If you are unable to pay this please include a copy of your previous year’s tax filing and a brief explanation of why you cannot afford this, and the fee may be waved. For your application to be complete you must include: A newly issued (within 6 months) original Roman Catholic Baptismal Certificate, if applicable. A copy of the civil marriage license of the marriage you are asking to be annulled. A copy of your church marriage certificate in the Catholic Church, if applicable. A copy of your final civil divorce decree. Steps for a formal annulment usually include (However different procedures may be followed depending on the circumstances of each case). 1. 2. 3. 4. 5. 6. 7. 8.
The petition is accepted by the Tribunal. The Libellus is drafted and signed by the Petitioner. The Respondent and witnesses are contacted. A decree of the formulation of doubt is issued and a court is constituted. The case is investigated. The acts are made available to all parties, and time for comments is given. A definitive sentence is issued, and time for an appeal is allowed. A Decree of execution of the sentence is communicated to all involved.
If you have any questions please contact your pastor, an auditor (person trained in this process) from your area, or Dorothy Medina at the Tribunal Offices (575)-523-7577. Page 22 of 22 VI-XXIV-MMXX