Formal Case

A formal case begins with your submission of a petition for a declaration of invalidity, along with answers to a questionnaire, and necessary documents. You should prepare a draft of your answers to the questionnaire and review it with the Advocate in a subsequent meeting.  This is a very important step in the preparation of your petition. A well-prepared preliminary deposition can facilitate the processing of the case and save much time in the later stages. Take time and reflect, endeavoring to answer the questions as objectively and completely as possible, avoiding both simple “yes” or “no” answers, and lengthy, unnecessary or irrelevant detail. Your answers preferably should be typed or handwritten clearly. While working on your questionnaire, you will also wish to gather the necessary religious and civil documents (e.g., baptismal and marriage certificate(s), final divorce decree, etc.). The Advocate will also assist you in completing the petition form and other preliminary documentation. Both as a matter of justice to the other spouse, and to meet the requirements of canon law, the former spouse must be contacted by the Tribunal. You will be asked to provide the names and current addresses of your former spouse and witnesses.  After providing the Advocate with payment of the filing fee for the Tribunal, he/she will mail your case, together with recommendations or comments. (See Costs and Modification of Fees below). The Tribunal will send a letter acknowledging receipt of your case. It will be assigned a case name and number, and you will be informed of the steps to follow in the canonical process.

Lack of Form Case

This type of case is available in marriages involving members of the Catholic or Orthodox Churches. In order for the marriages of Catholics or Orthodox to be considered valid by the Catholic Church, they must take place in a certain way. For Catholics, this means the consent of the parties must be exchanged in the presence of an official Catholic witness (normally a priest or deacon) who has the necessary jurisdiction, and in the presence of two witnesses. This is called the canonical form of marriage. For sufficient reason, the Catholic party may receive a dispensation so that, if they are marrying someone who is not Catholic, their marriage can take place in another religious or civil setting. In this instance, lack of form does not apply. For the Orthodox, their marriages must take place in the Orthodox Church with the blessing of the sacred minister. It is only members of the Catholic and the Orthodox Churches who have to marry in a certain way. All others – whether baptized or not – can marry in any public ceremony and the Catholic Church will presume that the marriage is valid. This is because the Church believes that it is the consent of the parties that creates the marriage bond. The Catholic Church can make further demands upon its members as to how their marriages are celebrated, but cannot place the same requirements on those who are not members of the Catholic faith community. The Church can also recognize the requirements of the Orthodox Church, because it requires a specific form of celebration for marriage by its members. Marriages of Catholics or Orthodox which are invalid because they lack the required form can be declared invalid through an administrative process. The Advocate will assist you in completing the appropriate form, which will be mailed along with the baptismal certificate of the Catholic or Orthodox party, a copy of the marriage certificate and divorce decree from the previous marriage, and a witness affidavit which states that the marriage never took place according to the proper canonical form. Please note that the Catholic or Orthodox party may be either the Petitioner or the Respondent. After providing the Advocate with payment of the filing fee for the Tribunal, he/she will mail your case. (See Costs and Modification of Fees below). Your case will be assigned a case name and number, and you will be informed of the decision regarding your freedom to marry.  If any of the necessary information or documents are lacking, you and your Advocate will be contacted.  If the missing information cannot be provided, Lack of Form cannot be proven.  In these circumstances you will need to pursue a different type of case.

Ligamen Cases

In order to marry validly in the Catholic Church, each party must be free from any prior marital bonds. If your former spouse has a prior marriage which has not been declared invalid by a Catholic Tribunal, you may have a Ligamen case.  he Catholic Church believes that this bond of marriage is still intact, and therefore your former spouse was not free to commit to the subsequent marriage with you. 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 prior valid marriage existed at the time of the marriage in question. It also requires contacting the other party to request information about his or her baptismal status and marital history. After providing the Advocate with payment of the filing fee for the Tribunal, he/she will mail your case. (See Costs and Modification of Fees below). Your case will be assigned a case name and number, and you will be informed of the decision regarding your freedom to marry. If any of the necessary information or documents are lacking, you and your Advocate will be contacted. If the missing information cannot be provided, the existence of the prior bond cannot be proven. In these circumstances you will need to pursue a different type of case. Documents needed: Copies of the Marriage Certificate and Complete Decree of Dissolution for the marriage between you and your former spouse Copies of the Marriage Certificate of your former spouse and his/her previous spouse and Complete Decree of Dissolution for the marriage between your former spouse and his/her previous spouse

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 only one of the parties either wishes Catholic baptism or has been validly baptized Christian after the divorce, and is now seeking a marriage in the Catholic Church.  After completing the necessary forms, providing the required documents, and providing the Advocate with payment of the filing fee for the Tribunal, he/she will mail your case. (See Costs and Modification of Fees below). Your case will be assigned a case name and number and you will be informed of the steps to follow in the canonical process.

Favor of the Faith

The Favor of the Faith  (also called Petrine Privilege) is a dissolution of marriage in which at least one of the parties to a previous marriage is unbaptized and one of the parties now wishes to marry a Catholic in the Catholic Church. The favor is granted on behalf of a Catholic: either the petitioner, if he or she is Catholic, or the intended spouse. This “favor” is granted by the Pope only when it is clear that the faith of someone in the new marriage will benefit. The Pope will not grant this favor if he has concerns that there will be scandal arising from such an action. For example, the Pope would not condone immoral (or perceived immoral) actions by permitting someone who has behaved immorally to marry in the Catholic Church as a privilege.  The staff of the Seattle Tribunal will determine whether each petition for such a favor meets the guidelines provided by the Vatican. Once we receive the application, a member of the Tribunal staff will be in contact with the Petitioner and the Advocate regarding the handling of the case. There is no guarantee that a Favor of the Faith application accepted by the Seattle Metropolitan Tribunal will be granted by the Holy Father.

Costs and Modification of Fees

Costs for each type of process are based on anticipated staff hours, necessary correspondence, questionnaires and other various forms required in processing and adjudication of each case. The Archdiocese underwrites a substantial portion of these costs through funds raised by the Annual Catholic Appeal. However, you are asked to be responsible for payment of a portion of the total cost. Payments may be made at the time of presentation of the case or on an agreed payment schedule. If a person is unable to pay the full amount, a modification, or if necessary a waiver, of the fee is possible. Please discuss such needs with the Advocate assisting in presentation of the case.  Fees by Case Type: Formal Case:   Additional Formal Case:   Lack of Form:   Ligamen:   Pauline Privilege:   Favor of the Faith:  $500 $100 (each) $ 50 $100 $125 $500 (majority is forwarded to the Vatican for processing costs)