English - Petition Info - Website (1)

8/12/2019 English - Petition Info - Website (1)

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Dear Petitioner,

As you begin preparing the Petitioner Information Form, I would like to remind you that the

purpose of this application is formally to request that the Metropolitan Tribunal initiate an investigationto clarify whether or not you are bound by a previous marriage according to the teaching and law of the

oman !atholic !hurch" This form and the other required documents #see !hecklist$ will begin a

formal canonical process to resolve the question concerning this marriage" The enclosed Petition,together with the required documents and your sworn testimony, as well as that of your former spouse

and witnesses, will provide the basis by which the Tribunal %udges make a decision"

This Information Form is divided into four sections:

The first sectionasks basic information regarding you #the Petitioner$, about your former spouse

#the espondent$, and about your courtship and marriage"

The second section is to be completed only if you cannot locate your former spouse after

trying the sources and avenues available to you .

The third sectioncontains a series of questions that will help the Tribunal understand the

circumstances related to your marriage" This section also contains information, which will helpyou in proposing the reason or basis for the Tribunal to e&amine the validity of your marriage to

the espondent" 'astly, this section contains the Petition itself which is the official document

required to open the investigation for a possible declaration of invalidity" The final sectionasks for the names and complete addresses of witnesses who can be cited by

the Tribunal and asked to come in to give testimony about the marriage in question" The last

page of this document is a checklist of what is required for you to submit to the Tribunal.

If you would like assistance in completing this form, please speak with a Priest or Deacon at the Parish"(nce it is complete, please mail it and the required documents to the Tribunal office" The Tribunal will

then notify you of the ne&t steps in the process" In order for the process to run smoothly, it is important

that you keep us informed of any change in address for you, your former spouse or your witnesses")hould you have any questions or concerns, please contact the Tribunal"

If, after receiving your Petition and documentation, it is discovered that you have a special case, whichmight be better addressed, by another type of process, you will be contacted by the Tribunal to e&plain

the options available to you"

The Tribunal cannot guarantee the outcome of the case nor provide a timeframe for its completion;

please do not set a date for a wedding until you have the final decree in hand from the Tribunal.

*ery everend ichard '" +elch, !")s"", %"!"D"%udicial *icar

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Metropolitan TribunalArchdiocese of New York1011 First Avenue, New York, NY 10022 (Tel) 646-794-3200

Petitioner Information Form


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Determining Jurisdiction

Before you begin working on the Information Form, it is essential to determine that the MetropolitanTribunal of the Archdiocese of New York is the court that has urisdiction, i!e!, the competence and the legalauthority to accept your "etition and to make a udgment about the marriage in #uestion!

The Code of Canon Lawpro$ides se$eral ways for a Tribunal to be competent in a specific case! Based onthese, the Metropolitan Tribunal of New York is competent if at least one of the criteria below is met%

&! If the marriage was celebrated in the Archdiocese of New York *'! If the (espondent )i!e!, your former spouse* li$es in the Archdiocese of New York at least + months a

year!+! If you li$e in the Archdiocese of New York and your former spouse li$es in some other )Arch*diocese in

the - .piscopal /onference (this does not include the Commonwealth of Puerto Rico which hasits own Episcopal Conference), but only after the Tribunal of your former spouse0s )Arch*diocesemakes contact with him or her and grants consent to the Archdiocese of New York!

1! If the maority of proofs )witnesses and other e$idence* are to be found in the Archdiocese of New

York, but only after the Tribunal of your former spouse0s )Arch*diocese makes contact with him or herand grants consent to the Archdiocese of New York!

Based on the four criteria abo$e, please indicate below how the Metropolitan Tribunal of New York is competent toudge the marriage in #uestion%

&! '! +! 1!

If none of these apply, you must contact the (rch)diocese of a competent !ri"unal ("ased on the criteria of#$% a"o&e) in order to ma'e a Petition for a Declaration of In&alidity

*The territory of the Archdiocese of New York includes the following counties% (ichmond, Manhattan, Bron2,(ockland, 3estchester, "utnam, 4range, 5utchess, -ulli$an and lster!

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Section 1Petitioner (you)

I FFI!" #$F%!$ &%' (' ") *%(+*I$(*$ T,T -- %F T,$

I(F%!"TI%( I P!%I'$ ,$!$I( I+ T!/$ (' *%"P-$T$.

C!C! I+R!I P!A"! P#$NT %# TYP! A $NF%#&AT$%N $N 'A

Title First Name Middle Name/urrent 6ast Name Family NameAddress Male

Female

/ity /ounty -tate 7I".mail% 4ccupation%

Please indicate how you may "e contacted a"out your case in addition to regular mail-

8ome Telephone ) */ellular Telephone ) *

3ork Telephone ) * e2t!

You authori9e us to lea$e a message regarding your case at% .mail 8ome phone /ell 3ork

.I/RP0IC1 I+R!I

5ate of Birth mm/dd/ "lace of Birth% /ity

-tate or "ro$ince /ountry.eforethe marriage in #uestion, were you e$er bapti9ed: Yes No Not ;nown

If yes, in which church or denomination were you bapti9ed:

3hat was the date of your baptism: )mm


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espondent (the former spouse to the marriage)Title First Name Middle Name/urrent 6ast Name Family Name-treet Address

Male

Female/ity

/ounty -tate 7I"Telephone%0 1

/ountry Are you in contact with the (espondent at this time:

.mail% (espondent0s 4ccupation%

IPR!! !E- You MUST provide the complete current mailing address fortheRespondent! "ithout this information# the case ma$ not be accepted! If $ou ha%e madeserious efforts to locate the espondent# but still cannot pro%ide a complete address# seeSection & and pro%ide all documentation! The Tribunal will attempt also to locate the

espondent' howe%er this ma$ dela$ the case!(espondent0s 5ate of Birth (mm


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(ourtship ) "eddin*

.2act date of the wedding in #uestion (mm


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Prior Marria*es +Yours)If you were married at any time prior to marrying the (espondent, complete the following for each and e$ery marriage%

Marriage #

Name of Your Spouse Date (mm/dd/yyyy) andPlace of Wedding(City, State, Country) andype of Ceremony! Ci"il

or eligious

Was t$ist$e %stmarriagefor your

spouse&

'f applicale,Date andPlace of t$isSpouses

Deat$

Was t$isMarriageDeclared Nully t$e Cat$olic

C$urc$&& Yes

If N4, list @of priormarriages%

Yes NoTribunal location,case @ or date%

' YesIf N4, list @of priormarriages%

Yes NoTribunal location,case @ or date%

+ YesIf N4, list @of priormarriages%

Yes No

Tribunal location,case @ or date%

If you ha$e Final 5ecrees from another /ourt or Tribunal regarding the nullity


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Separation ) ,i%orceAppro2imately how long were you married to the (espondent before the final separation:

Number of separations during the marriage Appro2imate date of the first separation

3hat brought about the firstseparation )briefly*:

Any other separations )briefly*:

3hat brought about the finalseparation )briefly*:

5ate of final separation month year

(hildren8ow many children were born during your marriage to the (espondent:

If there were no children born during the marriage, why not:

8ow many children did you adopt during your marriage to the (espondent:If any, in what year)s*%

8ow many children are still minors today:3ho now has legal custody of the children:

8a$e you been fulfilling your obligations of $isitation


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Your (urrent Status3hat is your current marital status: -ingle .ngaged /i$illy (emarried

'f you are remarried or engaged& Full Name of your current or intended spouse%

Title%

FirstName% Middle%

6ast Name%

Family name Male Female

-treet Address

/ity -tate 7I" /ountry

(eligion of current or intended spouse%

5ate of Birth (mm


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Section &Your -fforts to .ocate Your Former Spouse

If you are una"le to pro&ide the !ri"unal with a complete current address for the Respondent, pleasecomplete the 2uestions "elow In some cases it may not "e possi"le to accept the case without thisinformation34 45! PR6IDE DC4E!!I +R 11 5ERC0E5 D I6E5!I/!I5 !!EP!ED

Full name of the other spouse to the marriage in #uestion%

First Name Middle Name 6ast Name

8as this person e$er been known by another name )for e2ample, a maiden name, an alias, a former name*%

If yes, please list all known aliases or family < former names% 'ate(") when ir"t Midd$e La"t name wa" u"ed&

3hen was your last contact with the (espondent in person by phone by mail


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Section /Preparation of Your Petition

The following pages contain se$eral brief #uestions, which will help the Tribunal to propose grounds for nullity!These #uestions may also guide you in your understanding of possible grounds! "lease answer these #uestions in

the brief space pro$ided below! The Tribunal Dudges will determine the actual ground)s* for the case, usually afterhearing from the (espondent, and will then inform you!

"lease remember that it is not necessary to go into detail in answering the following #uestions! These arepreliminary #uestions only, and you will ha$e the opportunity later to gi$e in?depth answers to #uestions rele$ant to

your case before a Dudge!

Please remem"er- if your marriage was later con&alidated or 8"lessed9 in the Catholic Church, these2uestions refer to the time of that con&alidation or 8"lessing,9 and not to the ci&il wedding

Courtship and Decision to arry

3hen and how did you and the (espondent meet:

Briefly, what else was happening in your life at the time you met the (espondent:

Briefly, what else was happening in the (espondent0s life at the time you met:

3ho brought up the topic of marriage, and under what circumstances:

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5id anything specific, or anything unusual, occur that prompted your decision to marry:

3as there any pressure to marry on either party: Yes No! If so, please e2plain%

8ow did the engagement occur:

3as the engagement e$er cancelled or broken: Yes No! If yes, briefly e2plain the circumstances, and how and whyyou reconciled%

3as there any force used or fear instilled )internal or e2ternal* to marry the (espondent: For the (espondent to marry you:"lease e2plain!

3our Concept of arriage Itself

At the time of your marriage, did you en$ision any e$ent or circumstance that would allow you to end the marriage and enteranother marriage: Yes No! "lease e2plain your answer%

To your knowledge did the (espondent en$ision any such e$ent or circumstance: Yes No! "lease e2plain youranswer%

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"rior to this marriage, what was your e2perience of di$orce among family and friends:

3hat was the (espondent0s e2perience:

5o you belie$e that you and the (espondent shared the same notion of marriage at the time of the wedding: Yes No!

"lease e2plain your answer%

"lease complete the following, as you would ha$e at the time of your marriage%

Marriage ntil 5eath 5o s "art> meansE

Before the wedding, what had you and the (espondent discussed and decided about ha$ing children in the marriage:

5id you both share the same ideas and decisions about ha$ing children in the marriage: Yes No!

"lease e2plain your answer%

5id either you or your former spouse reser$e the right to determine when


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5id either of you place conditions on when to attempt to ha$e children )e!g!, if the marriage is successful, if a certain financialstability is reached, if a certain career goal is attained*: "lease e2plain!

5id you make a plan regarding the delaying of children through the use of birth control or some form of sterili9ation: If so,

what was the plan: 3as it carried out: 3ho used birth control and for how long: 3ho had the sterili9ation:

6eading up to the wedding, was either of you se2ually acti$e with someone else: Yes No!If yes, please e2plain%

3as infidelity a problem in your marriage to the (espondent: Yes No!

If yes, by which spouse, or both:

If either or both were unfaithful, please answer the following%

3hat was the act:

3hen did the first act of infidelity occur:

3as infidelity a continuing problem: Yes No! If yes, please elaborate!

At the time of the marriage, did you belie$e that infidelity gi$es a spouse the right to end the marriage and enter another:

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/eneral Considerations

"lease e2plain briefly what problems, issues, or factors you belie$e caused this marriage to fail, and when each firstappeared%

3ere you aware of any of the abo$e problems or issues before the wedding: Yes No! If yes, please e2plain why youdid not consider the problem


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Preparin* Your Petition

The ="etition> is at the end of this section! It contains basic information re#uired by /anon 6aw! It contains a section in whichyou are asked to write a $ery brief description of why you think the marriage was not $alid and binding from the beginning!There are a limited number of grounds or legal bases for considering the $alidity of marriage! The following descriptions of themost common of these grounds may help you to prepare your brief statement! The Tribunal is not concerned with pointingfingers or finding moral fault with either spouse, but with learning the truth of the marriage! Any basis or circumstance for a

declaration of in$alidity must ha$e e2isted from the $ery beginning of the marriage, that is, on the wedding day )or the day ofcon$alidation or =blessing>*! "lease indicate whether or not the following e2isted at that time!

If at the time of your wedding you did not hold that your marriage would "e an e:clusi&e union;that is one or bothof you considered the marriage =open> or considered it acceptable to ha$e other se2ual partners during your futuremarriage, you could write, =an intention against e2clusi$ity!>

If at the time of the weddingone or "oth of you decided to e:clude the possi"ility of ha&ing childrenduring theduration of your marriage, or if you and

If there was a pre$marital pregnancy; If the fact or suspicion of a pre?marital pregnancy caused the decision to marrythis might be a factor! 5id you feel pressured to marry because of the pregnancy, whether it was internal pressure orpressure from someone else: If so, you could write, =pressure to marry because of pregnancy!>

If at the time of the wedding there were serious pro"lems with addictions;If the problems affected one or both ofyou in your decision making ability, or in your ability to function normally, or if they pre$ented one or both of you frombeing able to fulfill the basic obligations of marriage, you could write, =alcohol )and or =alcohol )and It is important to state when the addiction started! Please note, the use of this ground oneither party will re2uire a psychological??$=%@?) 4ther medical proofs may also be necessary!

If fraud led to the marriage;If you or your former spouse had been told a lie in order to con$ince you to marry, or if

something important was intentionally concealed in order to get you to marry, you could write, =fraud intended to leadto marriage!>

If at the time of your marriage, you or your former spouse did not hold that your marriage was 8until death9;If infact you or your former spouse e2cluded from your marriage all probability of marital permanence, you can write,=e2clusion of the permanence of marriage!>

If homose:uality was an issue in the marriage;8omose2uality is not a ground of in$alidity in itself, but confusion o$erse2uality and self?image can pre$ent or interfere with the marital relationship and marital intimacy! If this was a factorin the marriage, you could write, =inability to fulfill the obligations of a )husband It is

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important to include whether homose2ual feelings or confusion e2isted prior to the marriage, how soon into themarriage this became a problem, and whether the marriage ended principally because of homose2uality!

If you did not intend to marry at all;-ometimes a couple will go through a legal or religious marriage ceremony for areason connected with immigration, insurance, or finances, and not out of the idea of marriage itself! In other words,they were pretending to marry! If such was the case in this marriage, you could write, =simulation of marriage forreasons of )immigration


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Petition$e riunal *ill normally send a copy of t$is Petition page to t$e espondent *$en t$e trial egins+

PE!I!IERYour full name )Family name also, if applicable*

RE5PDE!Full name of spouse to this marriage )Family Name*

Address )street, city, state, 9ip* /ity of (esidence )(espondent*I hereb$ re0uest that the Metropolitan Tribunal of the Archdiocese of New York accept thispetition to pronounce# accordin* to the (anon .aw of the (atholic (hurch# that the marria*ebetween the spouses named abo%e was not %alid!T*e +rrie (.onvli/tion) took l.e on t*e ollowin /te n/ t t*e ollowin l.e

5ate )mm


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Section 4"itnesses It is a"solutely necessary to pro&ide the names and complete addresses of se&eralwitnesses who can support thegrounds of your case 3itnesses will be cited during the trial to appear in person before a udge to testify about theirknowledge of the marriage! You will ha$e to coordinate 3itnesses so that their inter$iews are on the same day as your owninter$iew with the Dudge! 3itnesses who do not li$e within the Archdiocese will be gi$en the opportunity to pro$ide testimonyin the Tribunal of their local diocese! either 8telephone testimony9 nor written statements are permitted to ta'e theplace of oral testimony It is best to name at least four witnesses! The best witnesses are friends, co?workers, familymembers, roommates, or others who knew both you and the (espondent before and during the marriage! You must contactyour witnesses and inform them that you ha$e gi$en their names and addresses to the Tribunal! If you do not first contactthem they may be surprised and e$en angered when they hear from the Tribunal, and their refusal to answer #uestions willseriously delay or affect the outcome of your case! "lease contact your witnesses personally and ask them to assist you!

# Title%

FirstName%

Middle% 6ast Name%-treet Address

/ity%

-tate%

7ip%

/ountry%

Telephone @0 1 Hender 8ow long has this person known you:(elationship to you(elationship to the (espondent

5id this person know both you and the (espondent at the time of the marriage: Yes No3hat will this person be able to tell the Tribunal, in general terms:

5id this person agree to be a witness and to testify at the Tribunal 4ffice:

A Title%

FirstName%

Middle%

6ast Name%

-treet Address

/ity%

-tate%

7ip%

/ountry%




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"itnesses (.ontinue/)

> Title%

FirstName%

Middle%

6ast Name%

-treet Address

/ity%

-tate%

7ip%

/ountry%




%Title%

FirstName%

Middle%

6ast Name%

-treet Address

/ity%

-tate%

7ip %

/ountry%




@ Title%

FirstName%

Middle%

6ast Name%

-treet Address

/ity%

-tate%

7ip%

/ountry%




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"itnesses (.ontinue/)

Professional or -5pert "itnesses If you saw a "rofessional a"out issues related to yourgrounds at any time before or during the marriage, please answer the following%

5id you see a 6icensed /ounselor, "sychologist, "sychiatrist, or /linical -ocial 3orker:

No Yes, I did, without the (espondent Yes, we did together Yes, the (espondent did, without me

5id you see a Medical 5octor or other health professional )about issues related to this marriage* within the past G years:

No Yes, I did, without the (espondent Yes, we did together Yes, the (espondent did, without me

If yes to any of the abo$e, would you be willing to sign a (elease from /onfidentiality Form to allow that person to offertestimony that is rele$ant to your case )if the Tribunal considers it necessary and helpful to the case*:

P1E5E !E !0! I+ !0E RE5PDE! B5 5EE BI!0 34 R IDI6ID4113, I! BI11 .E ECE55R3 +R !0ERE5PDE! ! 5I/ RE1E5E D 4!0RI!I +R PR+E555I1 BI!E55 ! ++ER !E5!I3

If psychiatric or psychological illness played a role in the problems that e2isted at the time of this marriage, it will be helpful tothe case if you submit certified )notari9ed* copies of any medical or hospital records in your possession which show adiagnosis and treatment dates! If physical abuse was present in the marriage, it will be helpful to submit certified )notari9ed*copies of any records in your possession regarding this, such as medical, hospital, or police records! Photocopies ofrecords, which are not notaried, will not "e accepted4nly original documents or notari9ed copies of the originals will beaccepted by the Tribunal!

Pastor6Parochial 7icar +applicable to (atholics onl$2If you are /atholic, please arrange to meet with your pastor


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E!RP1I! !RI.41 RC0DICE5E + EB 3RF#?## +irst &enue, ew 3or', 3 #??AA

(A#A) >G#$#??? E:tension >A??

P-'CY S.MN

I, , the Petitioner, understand that-

1 A declaration of nullity cannot be issued unless I ha$e pro$ided e$idence sufficient to o$ercome thepresumption of $alidity of my marriage!

1 My submitting the "etition does not guarantee that a declaration of nullity will be granted!

1 The other party )respondent* has the right to know why I allege our marriage is in$alid and will recei$e acopy of my "etition furthermore, she


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(hecklist

The following are (.JI(.5 in order to submit your case! If you cannot obtain one of the followingdocuments, please indicate on a separate sheet of paper what unsuccessful efforts you made or why theinformation is not a$ailable! If any of the following are missing, your application will "e returned!

(ompleted Petitioner8s Information Form +no blank spaces2in black orblue ink

Si*ned and ,ated Polic$ Statement with ori*inal si*nature

Si*ned and ,ated Petition Form with ori*inal si*nature

Application Fee +non refundable2

91:: check# pa$able to the Metropolitan Tribunal, rchdiocese of !Y

The followin* ,ocuments

A! ;ri*inal updated Marria*e (ertificate +(hurch2 for the marria*e in 0uestion

,i%orce and6or (i%il Annulment ,ecree for the marria*e in 0uestion

;ri*inal updated +issued within the past si5 months2


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monthly installments of = each, paya"le the day of the month

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-N0 1M(ccepta"le)

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S2 1M(ot accepta"le)

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S2 1M(ot accepta"le)

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