 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
|
|
Formal CasesA Formal Case is generally referred to as petition for an Declaration of Invalidity. In reality, the petitioner is asking the Church to acknowledge there was no valid consent regarding the marriage in question. The Church holds that a previous union is valid and because of Divine Law, a person with a valid union cannot enter into a subsequent marriage. Unless the Petitioner can show the previous union was not valid according to the Church's understanding of the requirements for a valid consent, they are not free to enter into a new marriage. A person is not free to marry unless and until there has been two Affirmative Decisions. The case is first heard by a First Instance Court, such as The Metropolitan Tribunal of Atlanta. During the initial meeting within the parish with one of the parish Case Sponsors, the Petitioner will describe the specifics of the marriage so that the Case Sponsor can make an initial determination of the type of case to present. The petitioner will be asked to obtain a copy of the divorce decree, marriage certificate, and be given a basic questionnaire to complete. In addition, the correct address of the Respondent must be provided. The Respondent must know of the proceedings and the case cannot be initiated without this issue being resolved. Upon completion of the questionnaire and obtaining the necessary documents, the Petitioner makes a subsequent appointment with the Case Sponsor in the parish. The Case Sponsor will review the documents at the second appointment to ensure that all questions are answered and that the facts presented during the initial meeting are covered in the answers submitted. At this time, the Case Sponsor and the Petitioner will develop the petition to the court, including the suggested grounds. The Petitioner and the Case Sponsor will sign the application. The material is sent to the Tribunal for processing. The links for the Flow for a Formal Case and additional information about the Formal process are available to the right. You are invited to follow the links for a more detailed explanation. Continue Reading
|
Once a person has been divorced, a person can approach the local parish to initiate the process. Any person living within the Archdiocese of Atlanta can submit a case. Normally this would be a Catholic; or a non-Catholic desiring to marry a Catholic or desiring to become a Catholic. One of the two parties to the previous marriage must submit a petition.
Application