FAQ - Annulments

A person can approach a parish priest, parish director, parochial administrator or permanent deacon for directions or consultation. One may also contact the Tribunal directly for assistance. The person seeking the annulment must fill out a petition, giving details about the marriage in question to determine if there are grounds for an annulment. The person seeking the annulment is the petitioner. The other person is the respondent. Both have the same rights in the process. Once a petition has been accepted, the Tribunal will contact the respondent.

The Tribunal is a group of qualified priests or laypersons that are appointed by the Bishop of the Diocese to carry out the responsibilities of the annulment process. The Diocese of Superior has:

• One Judge: Very Rev. James F. Tobolski, J.C.L.
• A Defender of the Bond: Rev. Thomas Thompson
• A Procurator/Advocate: Patti J. Holt
• A Notary: Debra Lieberg

The members of the Tribunal are here to help you and are bound to confidentiality regarding the facts of each case. 

The Catholic Church understands marriage to be an enduring and exclusive partnership of a man and a woman for the giving and receiving of love and the procreation and education of children. For those who have been baptized, a valid marriage is also the sacrament of matrimony. To be a valid marriage, a couple must give free consent and have the capacity to live out what was promised in the words of consent in a life-long commitment. Although not every marriage is a sacrament, (Catholic, Jewish, non-believer) every marriage is presumed to be a valid marriage.

It is a declaration of nullity or a judgment by proper church authority that a particular marriage was never a true valid marriage according to the Catholic Church. Despite outward appearances and even good faith of the partners, or many years of being together and having children, an annulment may be possible. A Declaration of Nullity is granted when and only when it can be shown that some essential element was missing or some defect of consent was present to cause the marriage to be invalid from the beginning.

• Documents of marriage, divorce and baptism (if Catholic)
• Names and addresses of both parties of the marriage
• Names and addresses of three willing witnesses who knew about the marriage. They will be contacted by the tribunal
• A requested fee of $250. No one is deprived of services because of an inability to pay

After all of the facts of the case are gathered, the case is reviewed and the Ecclesiastical Judge appointed to the case makes a decision.

There are no guarantees an annulment will be granted. However, the usual length of time is 8 months to a year. Every case differs. There may be unseen delays in the case, and the process also has built in waiting periods.

• Divorced Catholics considering another marriage in the Catholic Church
• Catholics wishing a clarification of Catholic Church status after a divorce
• Divorced non-Catholics wishing to marry a Catholic or wishing to join the Catholic Church

An annulment is not required when a former spouse is deceased.

The marriage is still binding according to the church. A divorced Catholic is allowed to continue to receive the sacraments and participate in the full life of the Church, as long as another marriage is not attempted without an annulment. Divorced Catholics who attempt another marriage without an annulment are not excommunicated from the Church, but are not to receive the sacraments or to take on certain roles until the annulment is granted and the Catholic Church validates the new marriage.

Both parties of the marriage in question are free of the marriage bond when the annulment is granted. Both are free to marry again unless there are other circumstances present or special requirements needed.

There are no civil effects to a church annulment in the United States. The church does not deny the fact that there was a civil marriage which carried with it legal responsibilities and implications under civil law. The legitimacy of children born of the marriage, the decree of civil courts regarding child support or alimony are in no way affected by the granting of an annulment.