A declaration of nullity, commonly called an annulment, is a judgement by a Church tribunal that what looked like a marriage was, from the beginning, not the lifelong bond the Church means by that word, because something essential was missing when consent was given. It is not a Catholic divorce, it does not end a marriage, and it says nothing about the legitimacy of children. Pope Francis reformed the process in 2015 with Mitis Iudex Dominus Iesus to make it quicker, simpler and, as far as possible, free, and he asked bishops to see the tribunal as a work of mercy. This guide describes the process as it works in the dioceses of the United States, so that a person who has been through a divorce knows what to expect.

What you need

• A conversation with your parish priest, deacon or the parish's trained advocate, who will help you through everything that follows
• Your marriage certificate (civil and, if you married in church, the Church record), and the final divorce decree
• Baptismal certificates for the parties, where they exist
• The names and addresses of several people who knew you both around the time of the wedding and are willing to answer the tribunal's questions
• Time and honesty: your written account of the courtship, the wedding and the marriage is the core of the case

When to pray it

Before the first meeting and throughout: the Prayer to the Holy Spirit for truth and courage, the Litany of Humility against bitterness, and the Our Father for your former spouse.

Steps

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   Step 1: Understand what a declaration of nullity is, and is not

   The Church holds that a valid marriage between baptised persons, consummated, cannot be dissolved by any human power. A declaration of nullity does not dissolve anything; it finds that a valid marriage never came into being, because at the moment of consent something essential was lacking. Canons 1095 to 1107 describe the defects of consent that can make a marriage null: a grave lack of discretion of judgement about the essential rights and duties of marriage, an incapacity to assume its essential obligations for psychological reasons, the deliberate exclusion of fidelity, permanence or children, marriage entered through force or grave fear, and certain kinds of error or deceit. A marriage can also be null because of an impediment or, for a Catholic, because it was not celebrated in the Church's form. Canon 1137 is explicit that children of a marriage later declared null are legitimate.

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   Step 2: Contact the parish or the tribunal

   Begin with your parish. Every diocese has a tribunal, and most parishes have a priest, deacon or trained lay advocate who helps petitioners prepare a case and acts as their contact with it. At a first meeting they will listen to your story, tell you whether a case appears possible and of what kind, and give you the diocese's forms. Many dioceses now charge no fee at all, following the Pope's wish that the process be free as far as possible; where a contribution is asked, no one is refused for inability to pay. Ask at the outset, so that money never becomes a reason for silence.

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   Step 3: Gather your testimony and witnesses

   The heart of a formal case is your own written account, answering the tribunal's questionnaire: your family background and your former spouse's, how you met, the courtship, any doubts or pressures before the wedding, the wedding itself, the early years of the marriage, and how it ended. Write it honestly and fully; the tribunal is looking for what was true at the time of consent, not for who was to blame. You will also name witnesses, usually three to five people who knew one or both of you around the time of the wedding, parents, siblings, close friends, and they will be sent their own questionnaires. Warn them, and ask them to answer promptly; slow witnesses are the commonest cause of delay.

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   Step 4: Submit the formal petition

   Your advocate helps you draft the petition, called the libellus, which is submitted to the competent tribunal: since Mitis Iudex that may be the tribunal of the place where the marriage was celebrated, where either party lives, or where most of the evidence is to be found. The tribunal reviews the petition, accepts it, and formally notifies your former spouse, the respondent, who may take part, decline, or simply not answer; the case proceeds in any event. A judge or panel of judges then formulates the doubt, the precise question the tribunal will answer, naming the canonical grounds. The defender of the bond, an official whose task is to argue for the validity of the marriage, takes part in every case, so that the truth is tested from both sides.

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   Step 5: Understand the kinds of process and the timeline

   There are three paths. A documentary process handles cases proved by documents alone, most commonly a Catholic who married outside the Church without a dispensation (lack of canonical form), and it usually takes a few weeks. The ordinary process, for most cases of defective consent, gathers the testimony, allows both parties to review the acts, hears the defender of the bond, and ends in a written sentence; Mitis Iudex removed the former requirement that every affirmative decision be confirmed by a second tribunal, so a single affirmative sentence now suffices unless an appeal is lodged. The briefer process before the bishop is available when both parties petition or consent and the nullity is manifest from evidence that needs no lengthy investigation, and it is meant to take a few months. Tribunals in the United States generally tell petitioners to expect a year or more for an ordinary case; ask yours for its own estimate.

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   Step 6: Receive the decision

   The tribunal's judges reach their decision on the basis of moral certainty and issue a written sentence explaining it, which is sent to both parties. If the marriage is declared null, and no appeal is made within the time allowed, the declaration becomes effective and both parties are free to marry in the Church, unless the sentence attaches a prohibition (a vetitum) requiring one party to consult the bishop or a counsellor before a new marriage, which is done for that person's good. If the tribunal finds that nullity has not been proved, the marriage is presumed valid, and the petitioner may appeal or, later, bring a new case on other grounds. Either way, the decision is a judgement about the past, not a verdict on you as a person.

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   Step 7: Move forward in faith

   Whatever the outcome, a person who has honestly gone through this process has done something brave. A divorced Catholic who has not remarried remains a full member of the Church and may receive the sacraments; the Church's discipline concerning Communion arises only when a person has entered a new civil union while a prior bond stands, and even then Pope Francis in Amoris Laetitia asks that such persons be accompanied, not excluded. Pray for your former spouse, by name, in the Our Father▾ each day; it is hard and it heals. Pray the Litany of Humility▾ against bitterness and the Prayer to the Holy Spirit for a clear heart. If you are free to marry again, prepare for it as for a first marriage; the guide on preparing for marriage in the Church on this site begins there.

Tips

• A civil divorce must be final before a petition is accepted, because the tribunal must be sure the civil marriage is over.
• Your former spouse will be contacted and has the right to take part; the case can proceed even if they refuse to respond.
• Do not guess at the grounds. Tell the truth about what happened and let the tribunal identify the canonical grounds.
• Do not set a wedding date on the strength of a petition. No new marriage can be planned until a declaration is given.