The marriage nullity process serves precisely to allow for and encourage the discovery of truth regarding the juridic status of the marriage under review. In other words, the process is designed to arrive at the truth as to whether a valid and indissoluble matrimonial bond arose between the two parties at the moment of consent. Even though the judicial decisions of an ecclesiastical tribunal are certainly trustworthy, they are not infallible. In theory, the judges could err in two ways: 1) they could incorrectly declare a valid marriage to be invalid, or 2) they could incorrectly declare an invalid marriage to be valid. Neither error is a good thing, but the former is much worse, since the judges would essentially be doing what the Lord prohibited, separating what God has joined. For this reason, the Church’s law is designed to ensure that any doubts about the validity of a marriage are resolved in favor of the marriage bond, means that marriages are presumed valid until proven otherwise.

<p>The verdict is rendered by a tribunal of three ecclesiastical judges who determine whether the proofs brought forward by the Petitioner and the Respondent have overturned the legal presumption that the marriage was valid. The decision is reached by a majority vote. The judges make their decision based on the evidence presented to them, evaluated in light of the Church’s law and jurisprudence.</p>

The central question in the marriage nullity process is whether the marriage has been proven to be invalid on the ground(s) of nullity alleged by the Petitioner. An affirmative decision means that the judges have reached moral certitude that the marriage is invalid based on the proofs brought forward. This decision can be appealed by any party that feels the decision is incorrect. The appeal process follows the same steps as appealing a negative decision (see below). If there is no appeal, the nullity of the marriage is considered to have been definitively established, freeing the parties to remarry if they are otherwise free and able to marry.

A negative decision means that there was not sufficient evidence to overturn the legal presumption that the marriage was valid. In effect, it means that as best as can be publicly known, the marriage must continue to be publicly regarded as a valid marriage. Thus, despite the civil divorce, the parties must still be considered to be married to one another. When it comes to remarrying someone else, it is not a matter of private judgment, because marriage is inherently public. When one gets married, one stands in front of family, friends, and the Church, calling upon them to witness the vows spoken and to help the couple live out those vows. Without proof that the marriage they witnessed was invalid, those communities cannot witness or recognize a new marriage, since this would be like witnessing a commitment to adultery. Therefore, when a party receives a negative decision, they cannot marry in the Church. There are certain options, however, that could be pursued to appeal or reexamine the case. These options are described below.

After a negative decision is issued, there are still four avenues to pursue a declaration of nullity if one or both parties believe the marriage to be invalid. These options are: appeal, petition on new grounds, complaint of nullity of sentence, and new proposition.

Option 1: Appeal of the Sentence

Within fifteen (15) days of the publication of the sentence, one or both parties can appeal the sentence to a higher tribunal, either the Metropolitan Tribunal of the Archdiocese of Los Angeles, or to the Apostolic Tribunal of the Roman Rota. The appellate tribunal can function as a simple “second opinion,” but if necessary, new evidence and even new grounds of nullity can be proposed during the appellate trial. If the appellate tribunal upholds the negative sentence, no further appeal is possible. But, if the appellate tribunal overturns the decision, the new decision becomes final unless there is a second appeal, in which case the cause can be heard in a third instance at the Roman Rota. It is highly recommended to use an advocate in the appeal process. The one appealing can usually use the appellate tribunal’s in-house advocate at no expense. However, one also has the right to contract with an external advocate at one’s own expense. A short list of external advocates can be received by contacting the Diocese of Orange Tribunal. The costs for the appeal, if any, are determined by the appellate tribunal. The appellate tribunal will reduce or completely waive these costs in cases of a demonstrated financial hardship.

Option 2: Petition on New Ground

Once a tribunal has issued a sentence on a certain ground (e.g., negative on the ground of total simulation on the part of the Petitioner), it is not possible for the tribunal to issue a second sentence on the same ground. Every ground of nullity is different. Thus, the tribunal which issued a negative on the ground of total simulation on the Petitioner could accept a new petition on a different ground, such as, a grave defect of discretion of judgment on the part of the Respondent. Any other competent tribunal could also accept the petition with the new ground. The ability to petition on new grounds is not meant to allow parties to force a case through adjudication over and over until they get the result they desire. Rather, the Petitioner must truly believe that the marriage is invalid for the reason upon which the new petition is based, and a petition that lacks all basis is rejected outright. Furthermore, even if the petition is accepted, there might not be much hope of an affirmative decision, since if the marriage was truly invalid on a certain ground, chances are that evidence of nullity would have surfaced in the first trial.

Option 3: Complaint of Nullity

If there were serious procedural irregularities or injustices during the course of the trial, in rare cases, the sentence itself might be invalid. The parties have ten years to make a complaint of nullity of sentence, and if the sentence itself is declared null, then the parties have a right to a retrial.

Option 4: New Proposition of the Case

After a sentence becomes final and the window for appeal has closed, the Church regards the matter as settled. However, if new and compelling evidence becomes available (e.g., a Respondent who formerly refused to participate is now willing to participate), a party can request a new proposition of the case, even when the decision had previously been regarded as final. The new proposition of the case is always heard at the appellate tribunal.

No valid marriage can be dissolved at the whim of the parties. However, non-sacramental marriages (marriages in which at least one party is not baptized) may be dissolved by the Roman Pontiff for the welfare of individual souls. This is not a right but rather a favor granted by the Successor of St. Peter requiring a just and proportionately grave cause as well as the fulfillment of certain conditions. More information can be received by contacting the Diocese of Orange Tribunal