THE MARRIAGE TRIBUNAL

Text Box: For more information about the Tribunal process, please see your priest or deacon or contact the Tribunal at 218-281-4533.

The Formal PRocess

 

 

Text Box: Click Here to  download a Tribunal Application
Text Box: For a brochure on frequently asked questions, including the Catholic theology of marriage, please click here.

The process begins when one of the parties to the marriage petitions the Marriage Tribunal to determine whether their marriage is considered to be valid in the eyes of the Church. This is done by filling out a "Tribunal Application", which you can obtain from the priest, deacon, or other designated pastoral minister in your parish. If you live outside the Diocese of Crookston but were married here or your former spouse lives here, you can obtain a Tribunal Application by calling the Tribunal at 218-281-4533 or by downloading one here.

The remainder of the process is as outlined below.

When the Marriage Tribunal receives your application it will first determine whether the Diocese of Crookston has jurisdiction to hear the case (If the marriage took place in the Diocese of Crookston or if the other party to the marriage lives in the Diocese, the Marriage Tribunal has jurisdiction over the case. If the petitioner lives in the Diocese of Crookston the Tribunal can request permission to hear the case from the diocese where the other party lives, if certain conditions are met.)

If the Tribunal has jurisdiction, the Tribunal will request a personal history from the Petitioner. This history normally takes written form, although personal interviews are an option for those who find it difficult to write their histories. The Tribunal will send a questionnaire to the Petitioner to help guide the writing process. The written history should contain a description of the Petitioner’s relationship with the former spouse, a description of the Petitioner's family background, and a description of the former spouse's family history. In addition, the Tribunal will request the names and addresses of people who are willing to act as witnesses by describing what they know about the two parties and the relationship between them.

When the Petitioner has completed his or her personal history, he or she will meet with the priest, deacon, or other designated person at his or her parish. At this meeting the priest, deacon, or other person will collect the necessary documentation, explain the process in detail, assist the Petitioner in completing the formal petition, or libellus, that will be presented to the Tribunal, and he or she will discuss the marriage in question with the Petitioner.

When the Tribunal receives the documentation collected at this meeting, it will determine if there is cause to proceed with the case and, if so, the Tribunal will notify the Petitioner that the petition has been accepted. At this point the Tribunal will attempt to contact the former spouse to notify him or her of that the petition has been accepted and to invite him or her to participate in the process. Once the Respondent has been notified, the Tribunal will ‘join the issues’, which means that it will formally determine the grounds of invalidity that will be considered.

The next step is the gathering of testimony from the witnesses that have been named by the Petitioner and/or the Respondent. This testimony will also be given in written form, as questionnaires will be sent to the witnesses by regular mail.

When all of the testimony has been received, both parties will be notified that they have the right to come to the Tribunal to review the testimony and to comment upon it. Then, the case will be concluded and sent to the Defender of the Bond. When the Defender has presented his or her arguments in favor of the validity of the marriage, the Court will render its decision.

If the Court reaches an affirmative decision, the case is automatically transmitted to the Metropolitan Tribunal of the Archdiocese of Saint Paul and Minneapolis for review by a panel of three judges. These judges will either confirm the decision of the Marriage Tribunal of the Diocese of Crookston (in which case the parties are free to marry again) or they will re-open the case for an ordinary examination.