Faithful to Christ’s words, the Catholic Church teaches that marriage is a lifelong union of a man and woman and that it cannot be dissolved by the spouses. Yet, when a marriage fails irreparably and authentic marital life cannot be restored, the Church, following Christ's merciful example, is open to examine whether the couple actually formed a true bond of marriage. This process of investigation--of seeking the truth--could lead to a declaration of nullity, which would establish both parties’ freedom from their former union.
As Pope Francis has explained, "Overcoming a distorted view of marriage cases, as if they were concerned merely with subjective interests, one must rediscover that all the participants in the process are called to contribute towards the same objective, to make the truth shine on a concrete union between a man and a woman, reaching the conclusion regarding the existence or not of a true marriage between them" (Allocution to the Roman Rota, January 27, 2022).
In conducting this judicial process, the Church uses a local tribunal to collect statements, interview parties and witnesses, and assemble other evidence that might show that, fundamentally, one or both spouses lacked the capacity or the will to establish a true marriage or that they were impeded in some other way. Catholics, those interested in becoming Catholic, or those who intend to marry a Catholic may request that the Church begin this investigation. Many marriage nullity cases are handled with full judicial formalities, while others may be addressed more simply depending on the facts of the marriage.
Discernment is the first step, and clergy and parish staff can support you in deciding whether you might have a basis for petitioning and whether this process will be prudent and beneficial. Thus, if you are considering beginning a marriage nullity case, please contact your local parish in the Archdiocese of Portland in Oregon. This also ensures that you, the petitioner, receive proper assistance both in submitting your case and in addressing any pastoral or spiritual concerns that may arise.
If you have received formal notice (citation) regarding a case submitted in the Archdiocese of Portland in Oregon, you may have many questions and wonder about your role in this process. You are called the respondent in canon law, and your participation is most welcome. The Tribunal can assist you in responding with the help of an advocate and/or by connecting you with local Catholic clergy and parish staff. Indeed, discerning whether and how you wish to participate is essential for you as well.
Once you've submitted an application through your parish, please be sure to follow-up with the parish as the Tribunal cannot begin work on a case until you and the parish submit the completed forms specific to the identified case type.
N.B. If you are having any difficulty at the parish-level or are wondering if the Tribunal has begun work on your case, please contact us.
For formal cases, the Tribunal will invite you at the appropriate times to offer testimony, name witnesses, review the evidence presented, and, in the end, receive the decision. In short, you have the same rights as the petitioner. We encourage you to participate actively but will respect your wishes should you prefer not to be involved or to participate more passively.