Contact Information
Marriage Tribunal
Office
523 N. Duluth Ave.
Sioux Falls, SD 57104
605.988.3575
Email
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Questions
Click on a question to find out more.
What is a Marriage Tribunal?
What are the grounds for an annulment?
Does an annulment mean there was no marriage?
Who may apply for an annulment?
Does an annulment have any civil effects?
Who has access to information gathered for this process?
How do I begin the annulment process?
What happens then?
Who decides the outcome of this process?
How long does this entire process take?
Are there any other requirements?
When can a date be set to marry?
Is there a fee?
Answers
What is a Marriage Tribunal?
A Tribunal is a judicial forum which functions according to the code of Canon
Law of the Catholic Church. The Judicial Vicar, who ministers in the name of the Bishop, oversees the work of the Tribunal.
A judge, or a panel of judges, is appointed to render a decision regarding the sacramental nature or validity of the marriage in question.
What are the grounds for an annulment?
The Code of Canon Law recognizes the following grounds as invalidating: force or fear;
ignorance, error; fraud; intention against fidelity; intention against children; intention against permanence;
intention against partnership of life; lack of reason; grave lack of discretion of judgment; inability to assume
the essential rights and duties of matrimony. The circumstances surrounding the failed marriage will indicate
which ground will be assigned to the case.
Does an annulment mean there was no marriage?
Divorced persons firmly believe they were married, since that was their sincere intention,
and they have a legally recognized certificate to prove it. Some call this a "natural" marriage, but it was judged not
to be a "sacramental" marriage as defined by the canons of the Catholic Church.
Thus, an annulment has no effect on the legitimacy of children. Children born to a marriage
recognized in civil law are classified as legitimate; both civil law and canon law in the Catholic Church agree on this question.
Who may apply for an annulment?
Most applicants are persons who want the Catholic Church to witness another marriage for them.
They may be Catholic or non Catholic. Some divorced Catholics apply in order to know whether they are free to marry some
time in the future. Some apply simply to receive a sign from the Church that their former marriage is no longer binding.
The application must be made to a Tribunal that has proper jurisdiction, that is, the Tribunal
in the diocese where the marriage took place, or the diocese where either of the two parties currently lives.
Does an annulment have any civil effects?
A declaration of nullity by the Marriage Tribunal has no civil effects. It doesn't affect
the legitimacy of children, property rights, inheritances, names of spouses or children, decrees of civil courts regarding
alimony or child support, or any other civil matter. To assure that these civil matters have been settled, the Marriage
Tribunal will not accept an application for an annulment until after the State has finalized the divorce decree.
Who has access to information gathered for this process?
The materials gathered for this investigation are for this Church process only.
The files are kept strictly confidential within the Tribunal. In order to conduct a thorough study, the two
former spouses are involved and informed.
How do I begin the annulment process?
Contact the pastor or pastoral minister or your parish; if you are not Catholic,
contact a Catholic parish minister where you live or in the parish of your future spouse.
An appointment will be scheduled at which you will be assisted with the application process.
You will be asked to write a thorough history of your former marriage, and to obtain documentary
evidence of your marriage, divorce, and baptism. When this has been completed, these materials
will be forwarded to the marriage Tribunal.
What happens then?
You'll be asked to schedule an interview with a staff member from the
Marriage Tribunal. To this interview you should also bring questions and concerns that you may have.
Meanwhile the Tribunal will contact all the sources of information that you've furnished on your
application. This includes your former spouse, whose experiences are very important to conduction
a thorough study of your marriage. At your request, the Tribunal is willing to appoint a staff person
to serve as your advocate (in civil law this person would be called your lawyer). In light of the
information gathered in the study, your advocate will write a document on your behalf, pointing out
for the Tribunal judges all the reasons for a declaration of nullity. After this the defender of the
bond, representing the Church, will prepare a brief evaluating the quality of the study, whether proper
legal procedures have been followed, whether the information gathered is substantive and conclusive,
and whether the rights of everyone have been protected.
Who decides the outcome of the process?
A judge or a panel of three judges, (the "Tribunal"), review all the evidence,
as well as the briefs described above, and then formulate a judgment as to whether the alleged grounds have
been proved. If the judges find evidence for a declaration of nullity, the case is reviewed by a second court, (
the Regional Tribunal of Saint Paul/Minneapolis). Church law requires this second review to be sure that justice
has been properly served.
How long does the entire process take?
Cases vary according to the time it takes to contact persons involved, and the
number of cases pending before the Tribunal at any given time. Church law requires that cases not be delayed
unnecessarily. The Marriage Tribunal of the Diocese of Sioux Falls usually completes a case in nine to twelve months.
Are there any other requirements?
If a declaration of nullity is made, (an annulment is declared), that doesn't mean a
person is by the fact free and ready to have a marriage witnessed in the Catholic Church. Some marriage studies
bring to light personality issues in one or other party that caused serious relational problems, and that do not
appear to be resolved. If left unattended, these issues can be anticipated to cause similar problems in another
marriage. In such a case the judges will require this person to receive appropriate professional counseling. This
must be satisfactorily addressed before a marriage can proceed.
When can a date be set to marry?
No parish priest is free to help you schedule a wedding (or a Catholic ritual for
persons who have already married in a civil ceremony) until after the entire annulment process is completed,
including any counseling requirement. The Tribunal cannot guarantee the exact time period required for this process,
nor can anyone presume that the process will lead to a declaration of nullity (an annulment). It is important to
note that every marriage is presumed to be valid and binding, unless conclusive proofs to the contrary are produced.
Is there a fee?
There is a filing fee of $25. While there is no additional mandatory charge, the applicant
will be invited to reimburse the Tribunal for services rendered insofar as the applicant is able to do so.
This will occur after the completion of the annulment process.
It costs the Diocese of Sioux Falls about $650 to conduct the annulment investigation and the canonical
procedures that conclude it. No money (other than the filing fee) is accepted while a case is in process.
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