Formal Cases: Appeal

There are two (2) Appeals Processes: Formal and Confirmation.

Scales The Formal Appeal is the circumstance in which one of the two (2) parties to the marriage wishes to Appeal the First Instance Decision. The Appeal can be an appeal against either an Affirmative or Negative Decision. The Appeal can be directed to the normal Second Instance Court of the Archdiocese of Atlanta (The Atlanta Provincial Court) or directly to Rome. In this instance, a completely new trial is conducted - new witnesses, experts, etc. can all be cited.

The Confirmation Process comes into play when the circumstance when the First Instance Court gives an Affirmative Decision on at least one of the Grounds specified in the Petition. If neither party Appeals the decision, the sentence is sent to the Second Instance Court for review. The Acts of the Case are reviewed to see if the testimony supports the decision reached. In addition, the file is reviewed to ensure that the rights of the parties under Church Law were protected in the proceedings.

1. Either the Petitioner, the Respondent, or the Defender of the Bond may appeal the decision to the Court of appeals for the Province of Atlanta or to the Tribunal of the Roman Rota within 16 days of notice of the decision. If a formal appeal is made, another set of procedures begins.

2. If there is no appeal, the decision is forwarded by law to the Court of Appeals for the Province of Atlanta for a mandatory review and ratification. Another panel of 3 judges, assisted by another Defender of the Bond, reviews the decision. This may take up to 8 weeks. If the decision is confirmed, the final decision is issued to you and the Respondent.

3. Even though the decision may be affirmative, that is, recognizing that a marriage was not valid under the canon law of the Catholic Church, there may be special preparation for a new marriage that is required for you or for the Respondent before you can marry within the Catholic Church.

4. This special preparation usually involves several visits with a family therapist by you and your intended spouse, to discuss particular issues fro a prior marriage. This is not a punishment but a special help to you and your intended spouse, to strengthen the marriage.

5. After these steps have been completed, the final decree will be issued to you by the Tribunal and a wedding date in the Catholic Church can be set.

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Formal Cases: Petitioner & Respondent Rights In The Process