FREQUENTLY ASKED QUESTIONS:

 WHAT IS THE CATHOLIC CHURCH'S TEACHING ON MARRIAGE?
The Catholic Church believes that marriage is an indissoluble, sacramental bond when contracted by two baptized persons, who are free and capable of consenting to this union. Marriage is a covenant by which a man and a woman establish between themselves a partnership of the whole of life and love directed toward the good of the spouses and the procreation and education of children. The Church's teaching also respects a natural bond of marriage when two non-baptized persons enter a union. These beliefs are rooted in Jesus Christ's teachings in the Gospels, the writings of Saint Paul, and centuries of Christian tradition. The Church holds that a couple's spiritual bond is sealed by God and does not end, even if the emotional and physical bond has ended in civil divorce. Moreover, the Catholic Church shares the belief of other religious bodies and of society that marriage is not just the private affair of a couple, but rather is a public reality, affecting civil and religious societies and serving as their foundations.

CAN A DIVORCED CATHOLIC RECEIVE THE SACRAMENTS?
Yes. There is nothing in the Church's law that prevents a divorced Catholic from receiving the Eucharist and other sacraments of the Church. A divorced person is fully and completely a member of the Church.

DOES THAT MEAN A DIVORCED CATHOLIC REMARRIED OUTSIDE OF THE CHURCH MAY RECEIVE COMMUNION?
 No. A Catholic who remarries without a declaration of invalidity (or annulment) for any prior marriage(s) may not receive Communion, since the reception of Communion is a public statement that one adheres to the life and practice of the Church.

WHAT IS A DECLARATION OF NULLITY (OR ANNULMENT)?
A declaration of nullity, or commonly known as an annulment, is a statement by the Church made after study by a Tribunal that one of the essential elements of marriage was not present in the parties' exchange of a valid, marital consent. This declaration recognizes that a civil marriage existed, and implies no moral judgment or blame regarding either of the parties.

WHAT IS A TRIBUNAL?
A Tribunal is a diocesan office staffed by persons who are appointed by the bishop and who have received special education and preparation to represent him and the faith community in Church judicial proceedings for marriage cases, and other matters of Church (canon) law.

WHAT IS THE PURPOSE OF THE TRIBUNAL?
The Tribunal assists divorced people who petition for an investigation of their prior marriage(s). After gathering as much factual information as possible, the Tribunal makes a human decision in the name of the bishop and the Church community as to whether the couple is still bound to the former marriage or may be free to enter into another marital relationship. The Tribunal has a three-fold ministry that involves: protecting the integrity of marriage, assisting in the exercise of rights given in Church law for those who might be seeking a possible remarriage in the Catholic Church, and helping participants experience healing and reconciliation with their faith community. Additionally, it serves as a resource for answering canonical questions.

IS A DECLARATION OF NULLITY A "CATHOLIC DIVORCE"?
No. No human power can dissolve a valid, consummated Christian marriage. A declaration of nullity is not a dissolution of marriage. It is a judicial pronouncement that a valid marriage had not been brought about as the faith community had presumed.

WHO MAY APPLY FOR A DECLARATION OF NULLITY?
Any divorced person who seeks possible remarriage in the Catholic Church must have each prior marriage examined by a Tribunal for a determination of its validity, unless prior marriage(s) ended in death.

HOW LONG DOES THE PROCESS TAKE?
 It is impossible to predict accurately the time it will take to complete this process, since it depends upon many factors, such as the gathering of testimony from witnesses. The process normally takes about 12 to 18 months.

WHAT DOES THIS PROCESS COST?
Through the annual God's Share collection, the Diocese of Bismarck underwrites a major portion of the cost. While the average case costs well over $1,000 due to the expenses of labor, phone calls, copying, etc., the Tribunal kindly requests each petitioner to contribute only $300 to these expenses. However, some may not have the financial resources to contribute this amount. Therefore, arrangements can be made for payment agreeable to both the petitioner and the Tribunal. NO ONE will be refused application because of personal financial difficulty.

 DOES A DECLARATION OF NULLITY (ANNULMENT) AFFECT THE LEGITIMACY OF CHILDREN?
 No. Church law states that the status of children is not affected when they are born of a marriage that is later determined to be invalid. Children are a gift from God and entitled to the love and support of parents as well as the faith community.

MUST THE TRIBUNAL CONTACT THE OTHER SPOUSE, AND WHAT HAPPENS IF HE/SHE REFUSES TO PARTICIPATE OR IS UNLOCATABLE?
The Tribunal must make reasonable attempts to notify the other spouse that a marriage case has been submitted to the Tribunal. Church law calls for the fairness of allowing both parties the opportunity to participate. If the other spouse refuses or is impossible to locate, the Tribunal can still proceed with the case.

ARE CASES ALWAYS DECIDED IN THE AFFIRMATIVE?
No. A case might receive a negative decision if it lacks canonical grounds, adequate testimony from witnesses, or the parties fail to prove invalidity. Simply because a case is introduced does not mean the marriage will be declared null.

HOW DOES ONE START A CASE?
You would contact this Tribunal (701-222-3035) to schedule an appointment with an official who will be most willing to assist you.