| Formal
Case |
| 1. |
two
Catholics married in the Catholic Church |
| 2. |
a
Catholic and non-Catholic or non-baptized who
receive permission to marry within the Catholic
Church |
| 3. |
any two
non-Catholics in their own Christian tradition or
in front of a Justice of the Peace |
| 4. |
any two
non-baptized in their own religious tradition or
in front of a Justice of the Peace |
|
The
formal case is the most common marriage case
evaluated by the tribunal. A packet is presented
to the petitioner to be completed and returned to
his or her Sponsor (a priest, deacon, lay advocate
or pastoral assistant). This case requires a
petition, required documents, witnesses and a
Marriage Narrative of both parties lives before
marriage, their courtship, engagement and
marriage.
Both
parties are invited to participate fully in this
case. The cooperation of all parties will
determine the length of this case. Formal Cases
normally take between 8-12 months to complete.
|
|
Lack
of Form Case |
|
All
Catholics must marry in front of a priest, deacon
and two witnesses in a sacred place (c.1108). If a
Catholic does not secure permission from the
proper authorities for a dispensation from this
form, their marriage is considered null due to
Lack of Canonical Form.
This
is considered a Documentary Case and often takes
two to four weeks to process. This case requires a
petition, a recent certificate of Baptism of
Catholic party(ies), marriage license and decree
of civil divorce. |
|
Prior
Bond or Ligamen Case |
|
This
commonly occurs when an individual (Petitioner)
was married to an individual (Respondent) who was
legally bound to a former spouse (co-Respondent).
(c 1085)
This
is also considered a Documentary Case and often
takes three to six weeks to process. This type of
case requires a petition, a recent baptism
certificate of any Catholic party, certificate of
marriage between the petitioner and respondent,
decree of divorce between the petitioner and
respondent; certificate of the Respondent’s
first marriage; decree of civil divorce of the
Respondent’s first marriage. |
|
Pauline
Privilege (cc. 1141) |
|
The
Pauline Privilege is based on I Cor. 712-15. It
applies to the marriage of two non-baptized
persons, which is dissolved in favor of the
faith when a new marriage is contracted by one
of the parties who receives baptism, provided the
non-baptized persons departs. The parties in
question were unbaptized throughout the entire
marriage under scrutiny. This case is determined
by the local Bishop or his delegate. This usually
takes two to four months. |
|
Petrine
Privilege (cc. 1150) |
|
These
are cases in which dissolution of the bond was
granted where one of the parties was non-baptized
at the time of the marriage. Such a marriage is
dissolved in favor of the faith when the
parties desire to become Catholic or desires to
marry a Catholic. This case is submitted to Rome
to be judged by the Holy Father. Since this case
is sent to Rome, we are unable to establish a time
period for its completion.
These
cases are sometimes difficult and often need the
assistance of the tribunal. |