"If the Eucharist expresses the irrevocable nature of God's love in Christ for his Church, we can then understand why it implies, with regard to the sacrament of Matrimony, that indissolubility to which all true love necessarily aspires. There was good reason for the pastoral attention that the Synod gave to the painful situations experienced by some of the faithful who, having celebrated the sacrament of Matrimony, then divorced and remarried. This represents a complex and troubling pastoral problem, a real scourge for contemporary society, and one which increasingly affects the Catholic community as well. The Church's pastors, out of love for the truth, are obliged to discern different situations carefully, in order to be able to offer appropriate spiritual guidance to the faithful involved. The Synod of Bishops confirmed the Church's practice, based on Sacred Scripture (cf. Mk 10:2- 12), of not admitting the divorced and remarried to the sacraments, since their state and their condition of life objectively contradict the loving union of Christ and the Church signified and made present in the Eucharist. Yet the divorced and remarried continue to belong to the Church, which accompanies them with special concern and encourages them to live as fully as possible the Christian life through regular participation at Mass, albeit without receiving communion, listening to the word of God, eucharistic adoration, prayer, participation in the life of the community, honest dialogue with a priest or spiritual director, dedication to the life of charity, works of penance, and commitment to the education of their children.

"When legitimate doubts exist about the validity of the prior sacramental marriage, the necessary investigation must be carried out to establish if these are well-founded. Consequently there is a need to ensure, in full respect for canon law, the presence of local ecclesiastical tribunals, their pastoral character, and their correct and prompt functioning. Each Diocese should have a sufficient number of persons with the necessary preparation, so that the ecclesiastical tribunals can operate in an expeditious manner. I repeat that "it is a grave obligation to bring the Church's institutional activity in her tribunals ever closer to the faithful". At the same time, pastoral care must not be understood as if it were somehow in conflict with the law. Rather, one should begin by assuming that the fundamental point of encounter between the law and pastoral care is love for the truth: truth is never something purely abstract, but "a real part of the human and Christian journey of every member of the faithful". Finally, where the nullity of the marriage bond is not declared and objective circumstances make it impossible to cease cohabitation, the Church encourages these members of the faithful to commit themselves to living their relationship in fidelity to the demands of God's law, as friends, as brother and sister; in this way they will be able to return to the table of the Eucharist, taking care to observe the Church's established and approved practice in this regard. This path, if it is to be possible and fruitful, must be supported by pastors and by adequate ecclesial initiatives, nor can it ever involve the blessing of these relations, lest confusion arise among the faithful concerning the value of marriage" Sacramentum Caritatis #29.

In the Gospel Jesus said: "What God has joined together, let no one put asunder." (Matthew 19:6) Because of these words of Jesus, Catholics do not believe that a divorce decree ends a marriage. From the perspective of the Catholic Church, a divorce decree means only the end of the legal effects of marriage according to the law of the state. A divorce decree does not make a person free to marry in the Catholic Church. Therefore, the Diocesan Tribunal ministers to those who wish to attempt to vindicate their rights to marry in the church. Through a Judicial process the Tribunal is asked to determine whether the previous marriage rose to the level of a whole and complete Christian marriage as presumed of all marriages. If not, persons who were in marriages which never rose to this level are free to marry in the Church.

A declaration that the marriage was contracted invalidly is not the denial of an historical fact. Children cannot lose their legitimacy! The times of love and joy that existed before and during the marriage are also not destroyed. A declaration recognizes that a marriage was not a whole and complete Christian marriage as defined by the Church. Of course, some marriages which suffer divorce were whole and complete and cannot be declared null.

The Tribunal is fully funded by the Diocese. To help with the costs, a petitioner is asked to make a donation of not more than $600. No one is refused the complete services of the Tribunal because of an inability to pay.

Persons wishing to participate in this ministry may assist others in vindicating their rights. Individuals with a good background in journalism or English can be of great help in case preparation. There is also an on-going need for caring people to serve as advocates and auditors. Please contact the Diocesan Tribunal of Alexandria for more details about how you can become involved in this vital ministry.

It All Begins with Marriage
The Catholic Church believes that the joining of a man and a woman in matrimony is a sacred act. When this act takes place between two baptized Christians, it is a sacrament. If neither or only one of the persons is baptized, then the marriage is not a sacred bond.

The Church considers marriage, sacramental or not, a valid covenant when a man and woman freely express informed consent, without constraint and unimpeded by natural or ecclesiastical law.

Marriage as Sacrament
The Sacrament of Matrimony is a perpetual and exclusive bond between a baptized man and woman through which the two are strengthened and consecrated for their marital duties. God established this bond in such a way that a sacramental marriage, once consummated, can only be dissolved by God through the death of one party. In the time-honored words of Our Lord, "What therefore God has joined together, let not man put asunder"(Mark 10:9).

The critical point is "What God has joined." Only when God is the divine third partner in the union can the relationship truly be a sacramental marriage.

An ordinary example illustrates this point. Fill a bottle half full of water, then fill the other half with oil. When you shake the oil/water mixture, it will temporarily appear to be a new substance. But if you look closely, you will see that the particles of oil and water don't truly combine; after a few minutes, they will separate into layers. If you add a few drops of glycerin to that same bottle, however, the oil and water will recombine into a new substance. Even if you put the bottle on the shelf for months, the oil and water still will be united.

The same is true of marriage. Without the "glycerin" of God, the oil and water of a man and woman never truly become the "one flesh" of the marriage convenant.

An annulment is a declaration by the Catholic Church that after careful investigation, flaws were discovered in the relationship that prevented it from becoming a marriage. An annulment is concerned mainly with the personal and spiritual aspects of marriage. It does not "erase" the civil contract, and it does not render the children illegitimate. It merely states that after thorough investigation, the Church has decided that a marriage, as the Church understands marriage, was not valid.

Why is an annulment necessary?
According to Catholic teaching, marriage is a permanent partnership of a man and a women (see Catechism of the Catholic Church, No. 1601). Because a marriage lasts "until death do us part," no one can enter into a second permanent partnership while his or her first spouse is living. Even if the civil contract is dissolved through divorce, the spritual bond continues. The couple remains married in the eyes of the Church.

However, the Church also recognizes legitimate reasons why a wedding may not have led to a valid marriage. If through the annulment investigation the Church comes to moral certitude that no vallid marriage took palce, then the parities are free to marry someone else.

But He/She is Protestant!
Marriages between two non-Catholics are presumed valid by the Church if neither partner had been married before. Therefore, the Church requires an annulment of that marriage before the person is free to marry in the Catholic Church. In doing so, the Church is acknowledging the sacred nature of all marriages. Just as baptism in a non-Catholic church is considered true baptism, so is marriage in a non-Catholic church considered a true marriage.

A marriage can be declared invalid for several reasons related to the ability of one or both of the partners to understand and agree to the Catholic understanding of marriage before the wedding ceremony. Here are some common reasons:

1. The existence of an impediment, such as a previous marriage or a close blood relationship between the couple (a brother and sister or first cousins) is discovered.

2. Psychological incapacity, at the time of the wedding, to assume the duties of marriage is a reason: if one of the parties suffers from a serious mental illness that prevents him or her from taking up parental or spousal duties.

3. An intention is held, at the time of the wedding, contrary to marriage or something essential to marriage; for example, one of the spouses refuses to have children, does not intend to remain faithful to the other spouse, or believes in the possibility of divorce.

4. A future "condition" is placed on the marriage, such as one spouse demanding that the other spouse will achieve a certain level of income. Fraud is perpetrated to obtain martial consent or a person proves to lack completely qualities that are certainly, principally and directly desired in a future spouse.

5. At the time of the wedding, a psychological defect is present that severely disturbed the cognitive capacity or otherwise gravely limited the ability of one or both parties to make rational choices. Circumstances usually demonstrate that one or both were under extreme pressure, fear, anxiety or other greatly limiting factor at the time.

• If all hope of salvaging your marriage has been exhausted, you may inquire about the annulment process. In North America, most tribunals require that there first be a civil divorce before considering the case.
  
  
• Many people wait until they want to enter into a second marriage to begin the annulment process. But it is best to know whether you will be granted an annulment before beginning another relationship.
  
  
• Although the process may vary slightly from diocese to diocese, everything you need to do to start the process in the Diocese of Alexandria can be found on this website. There are several times you will be asked to provide more information. Each time it will be more in depth, in person and from a different perspective based on what was learned from the previous session.
  
  
• You will be asked to provide details primarily about your courtship, engagement and the wedding. Only in a secondary way will you be asked about the marriage and the breakdown of the relationship.
  
  
• You also will be asked to provide the names of witnesses who can talk about you and your former spouse primarily during your courtship, engagement and the wedding. If witnesses are not available (perhaps the marriage took place so many years ago that potential witnesses are deceased, for example), the annulment process still can proceed.
  
  
• After the information is all gathered, your case is decided by a judge, who is expert in the canon law on marriage. His decision is then reviewed by a panel of judges in another diocese. When both the local judge has decided the case in the affirmative and his decision is confirmed the panel of judges, you and your former spouse are able to marry in the Catholic Church to a person who is also free to marry in the eyes of the Catholic Church.

The process should take about one and one-half years. Much depends on your cooperation. Your former spouse’s cooperation can shorten the time unless s/he is interested in derailing the process for vindictive reasons.

• When you begin the process you may be asked to pay a fee to help offset administrative costs. However, a review of the validity of your marriage is your right. Finances should never be an obstacle to exercising that right, and the diocese offers reductions or even a waiver. It is not about money and donations above the amount requested are not acceptable.

The first step to file for annulment is to read the information provided here.  There is separate information to read and different forms to download based on whether you are the male or female petitioner.  Please print the information provided and download the form.  The form must be filled out and notarized before you turn it in to the Tribunal office.

Female Petitioners click here

Male Petitioners click here