Check List for Submitting
Marriage Cases

Formal Case

The process begins with one of the parties to the marriage petitioning the Tribunal to determine whether their marriage is considered to be valid in the eyes of the Catholic Church. This is done by filling out a "Petition for a Declaration of Freedom to Marry" with a priest, deacon, or other pastoral minister in your parish.  Other documentation to be filed with the Tribunal:

• Release of Confidentiality (include only if a counselor, therapist or psychiatrist is to be contacted; one Release per expert witness.  Sign form in black or blue pen only.)
• Expense Form and initial fee of $200, (if Petitioner is able to pay); make check out to CCAS
• Petitioner's Testimony Questionnaire (must include signature first page)
• Pastoral Evaluation
• Brief of the Advocate
• Baptismal Certificate
• Copy of Marriage Certificate
• Copy of the complete Final Decree of Dissolution (last page must be dated and signed by the Court; please do not send Findings of Fact, Property Settlement, etc.)

Lack of Form Cases

The process that is followed in these cases is called a "summary judicial process."  It involves gathering the necessary documents and other information that demonstrate that a canonical impediment existed at the time of the marriage and that it had not been dispensed.  A Tribunal judge then examines the information to determine whether the canonical impediment present was indeed un-dispensed at the time the parties exchanged consent.  The impediment in these cases is that the wedding in question involved a Catholic who was married in a non-Catholic ceremony officiated by someone other than a Catholic priest or deacon. 
Documents needed:

• Petition for Lack of Form Case
• Affidavit of Non-Convalidation
• Current copy of the Baptismal Certificate of the Catholic party with sacramental notations
• Copy of the Marriage Certificate
• Copy of the complete Decree of Dissolution (dated and signed by the Court; please do not send Findings of Fact, Property Settlement, etc.)
• Fee of $50 (check make out to CCAS)

Ligamen Cases

A Ligamen case is another type of summary judicial process as described above.  The impediment in this instance is that the respondent had a prior marriage.  The Catholic Church believes that this bond of marriage would still be intact, and therefore the respondent was not free to commit to the subsequent marriage with the petitioner.
Documents needed:

• Ligamen Petition
• Copies of the Marriage Certificate and complete Decree of Dissolution for the marriage of petitioner and respondent
• Copies of the Marriage Certificate and complete Decree of Dissolution for the marriage of respondent and their previous spouse
• Fee of $50 (check made out to CCAS)

Pauline Privilege

The Pauline Privilege is a dissolution of marriage in which both parties to a previous marriage were non-baptized throughout the entire duration of their married life. It can be requested when one of the parties either wishes Christian baptism or has been baptized Christian after the divorce and is now seeking a marriage in the Catholic Church.  Documents needed:

• Petition and Deposition for Pauline Privilege Case
• Copy of the Marriage Certificate
• Copy of complete Decree of Dissolution (please do not send Findings of Fact, Property Settlement, etc.)
• Fee of $100 (check made out to CCAS)