Diocese explains annulment process through Office of Tribunal
The Office of the Tribunal in the Diocese of Springfield serves as the judicial body under the bishop, overseeing cases related to Church law. Its primary responsibility is to ensure justice within the Church’s legal system, particularly through formal judicial processes.
A significant part of the Tribunal’s work involves marriage cases, specifically declarations of nullity—often referred to as “annulments.” The term “annulment” is commonly used but not technically accurate; according to Church practice, a declaration of nullity means a marriage was invalid from the beginning due to an impediment or defective consent. These decisions are made by a panel of three judges who specialize in marriage law.
Other duties of the Tribunal include granting dispensations and permissions regarding canonical impediments in marriages and sacraments, conducting canonical trials on matters such as property disputes or clergy misconduct, advising the bishop on legal issues, providing guidance on canon law for clergy and laypersons, and offering educational resources about Church law.
Regarding marriage, the Church defines it as “an intimate community of life and love between a man and a woman which is directed toward the good of the spouses and the procreation and education of children. By God’s design, marriage is both permanent and exclusive.”
The Church does not recognize divorce in its doctrine. According to official teaching: “Divorce is a civil term which is technically not used or recognized by the Church per se. A person who freely abandons their spouse through divorce can be said to commit a sin in doing so. However, this is not the same for a person who is unjustly divorced by their spouse or for someone who must separate themselves civilly due to abuse or danger from a spouse.”
On declarations of nullity: “Concerning ‘annulments,’ the Church has a language problem in that Church tribunals grant declarations of nullity, meaning that a marriage was null from the beginning either due to an impediment or defective consent; the term ‘annulments’ is improper (even though it’s commonly used by people in the Church) because annulments are not granted because no earthly power can undo a valid marriage. In rare occurrences, the Roman Pontiff (the pope) can decree dissolution of a non-consummated marriage since a marriage is not indissoluble unless it is consummated.”
Individuals who are divorced but have not remarried may still receive sacraments if they remain in what canon law calls “a state of grace.” Catholics seeking remarriage must first have their previous union examined by a tribunal before entering into another marriage. This requirement also applies when marrying someone previously married outside Catholicism.
A declaration of nullity does not assign blame for marital breakdowns but states that something essential was missing at consent or that an impediment existed at inception: “A valid marriage is freely entered into by mature persons who understand and have ability to assume essential rights and obligations… If one or both parties lacked necessary freedom, understanding, intentions, or ability, [it] is invalid.”
When asked why remarrying without such declaration constitutes sinfulness: “‘Whoever divorces his wife,’ Jesus tells us, ‘and marries another commits adultery’ (Mt 19:9). The sin is not in divorce but choice to marry another while original marriage still exists… A declaration…is simply judgment that for whatever reason particular marriage was never valid from very beginning.”
The legitimacy status of children born during unions later declared invalid remains unchanged: “Absolutely not. Children born to [such] marriages…are considered legitimate in every way. It is against practice…to judge children in light [of] parents’ marital status…”
For more information about tribunal procedures and support programs offered locally—including those related to education, youth development, social services and vocations—visit dio.org/tribunal.
The Diocese of Springfield in Illinois operates across 28 counties with 129 parishes under Bishop Thomas John Paprocki. It provides faith formation initiatives through various ministries including educational programs and community service projects official website. The diocese maintains key facilities like its Catholic Pastoral Center official website and publishes Catholic Times official website. Founded in 1853 official website, it continues promoting Catholic education while encouraging vocations within central and southern Illinois.
