A Formal Case 

A formal case, is one that requires a full study of the marriage to determine its validity or nullity.  The process begins with a meeting with an advocate or clergy to discuss your case and the best path forward.  They will help you complete a preliminary petition and instruct on the necessary forms (baptismal certificates, marriage certificates, divorce degree, etc).

The Church requires that your former spouse be notified of your petition to the Tribunal. Therefore, be sure to provide a current address for him/her. It is often worthwhile to let your former spouse know that they will be contacted by the Tribunal. The cooperation of your former spouse is helpful; however, should your former spouse choose not to participate, the petition will continue to be processed.

The Church requires witnesses in order to provide a deeper understanding of you, your former spouse and the union. Please name people who knew you, or preferably, both of you prior to and during the union and who have indicated they would be willing to answer a questionnaire from the Tribunal. (Parents, brothers, sisters, mutual friends, members of the wedding party, usually make excellent witnesses.) Do not name children of the union. Be sure to let the witnesses know they will be contacted by the Tribunal. At least two witnesses are required.

After reviewing all of the material the judge will render a decision. What next?  You will be notified when a final decision has been reached. 

NO DATE FOR A MARRIAGE IN THE CATHOLIC CHURCH CAN BE SET UNTIL A DECLARATION OF NULLITY IS RECEIVED.

In the Archdiocese of Miami, the Metropolitan Tribunal charges $650 to review a formal case.  Ability to pay a fee should never prohibit a petitioner from filing a case. While there is no set time for a case or guarantee of how long a case can take, we typically find the cases can take from 12 to 24 months from start to completion if all parties respond within the given times.

Informal Cases

There are two types of Cases that meet the criteria of a Documentary Cases. The first is a Lack of Form Case and the second is a Ligamen Case.

A Lack of Form Case can only be invoked when one of the parties of the union was Catholic at the time of the marriage. By Church Law, a Catholic party is required to follow a “form” of marriage. This “form” of marriage requires a Catholic to have the marriage witnessed by a Catholic priest or deacon with two witnesses. Without the proper dispensation, a marriage of a Catholic by a civil official can be classified as Lack of Form. If the exchange of vows takes place and is witnessed by a minister of another Church, it must be shown there was no dispensation given for the non-Catholic minister to officiate in this case. 

A Prior Bond (Ligamen) is a process to show the marriage in question was invalid because the ex-spouse is bound by a prior valid bond. For the Petitioner, this means the Respondent had been validly married before this subsequent union. 

In the Archdiocese of Miami, the Metropolitan Tribunal charges $125 to review an informal case.  Ability to pay a fee should never prohibit a petitioner from filing a case.  While there is no set time for an informal case or guarantee of how long a case can take, we typically find the cases can take about 4 weeks from submission to completion.