HOW IS A FORMAL MARRIAGE STUDY PROCEDURE STARTED?
A petition is completed by the Petitioner with help from the pastor or a parish minister. All questions should be carefully answered. Petitioners are asked to describe their own childhoods and the childhood of the Respondent; their dating patterns, when and how they met, courted and married their former spouse; the marriage itself, the issues which led to divorce, and the current status of the Parties. Petitioners will be asked to name and give current addresses of their parents and those of the Respondent. Petitioners are also asked to name at least four witnesses (relatives and/or friends) who can testify concerning the circumstances of the previous marriage, or it's early years. Witnesses should not all be relatives and it is helpful if they know both Parties. All witnesses will be contacted officially by the Tribunal, but the Petitioner is asked to notify them of the process. Upon completing the forms, the Petitioner contacts the pastor or parish minister to review the testimony. At that time the Petitioner will sign an oath concerning the testimony and be asked to allow the Tribunal to appoint an advocate. The minister will notarize the necessary documents and send the packet to the Tribunal. The petition must be accompanied by the following documents:
- Baptismal certificates for both Parties. If not Catholic, an affidavit or statement confirming baptism is required, issued within the last six months.
- Certificate of marriage. (civil and church)
- Certificate of divorce decree (certified)
(If there have been successive marriages, the Petitioner is asked to please include the above documentation for each marriage)
Upon receiving the petition, the Tribunal reviews the case to determine possible grounds of invalidity. If such grounds are indicated, the Petitioner is sent a letter saying the case has been accepted for preliminary investigation. This acceptance is not a guarantee that a Decree of Invalidity will be granted. After the diocesan Tribunal renders a decision, it does not become effective nor maintain the weight of law until it is ratified by the Metropolitan Tribunal. Therefore, the decision must be sent to the Metropolitan Tribunal in St. Paul/ Minneapolis for ratification. Once the decision is ratified by the Metropolitan Tribunal, a decree of invalidity will be sent to both Parties.
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