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12 OCTOBER 24-NOVEMBER 13, 2015 | DENVER CATHOLIC T he Holy See released two legis- lative documents last month in which Pope Francis made signif- icant changes to the marriage nullity (annulment) process. The two motu proprio, Mitis Iudex Dominus Iesus (The Lord Jesus, a meek judge) andMitis et misericors Iesus(Jesus, meek and merciful), signed by the Pope on Aug. 15, address the judicial procedures for marriage nullity cases in the Latin and Eastern Catholic Churches, respectively. Stephen Garabitelli, a Judge for the Metropolitain Tribunal of the Archdio- cese of Denver, has summarized below for Denver Catholic what has changed, what hasn't changed, and what has been underlined or emphasized. The new procedures are to be imple- mented byDec. 8, 2015. WHAT HAS NOT CHANGED The indissolubility of marriage: A con- summated, sacramental marriage cannot be dissolved by any power on earth. All marriages, even non-sacramental mar- riages are intrinsically indissoluble, which means that the parties themselves cannot dissolve the marriage. Marriage enjoys the favor of the law: Marriages are presumed to be valid until the contrary is proven. The burden of proof falls to the Petitioner, as before. Judicial process: A declaration of nullity can be granted only after an inves- tigation and formal procedures leading to a sentence founded on evidence and truth. The bishop and his judges cannot issue declarations of nullity administra- tively or as a favor, like a dispensation. The ordinary contentious (formal) process is normative: The existing formal process remains the primary way to investigate and declare whether a marriage was invalid. Only under cer- tain circumstances may the documentary process or the new abbreviated process be employed. Collegiate tribunals are norma- tive: Marriage cases are reserved to three-judge panels, and, only when a three-judge panel cannot be formed, may a single clerical judge decide mar- riage cases. Evidence: All the usual forms of proof may be sought in marriage nullity cases: documents, witnesses, depositions of the parties, experts, etc. Experts: Cases which pertain to defects of consent rooted in mental illness or psychological causes (i.e., c. 1095) require the use of an expert, unless it is evidently useless (e.g., there is already extensive medical/psychological documentation ) Moral Certainty: To declare the nullity of marriage, moral certainty is required, that is, the exclusion of all reasonable, positive doubt. In a case of doubt, the validity of marriage is upheld. Sentences are issued in conscience and in obedience to the truth pertaining to the question of whether nullity is proven on specific grounds. Judgments cannot be reached on any other basis but the facts presented. Grounds of Nullity: No new grounds of nullity have been created, nor have any existing ones been removed from the law of the Church. Second Instance: Appeal to a higher tribunal in order to hear a case a second time, that is, in second instance, remains possible, even to the Roman Rota. Denver remains the Court of Second Instance for cases appealed from Pueblo, Colorado Springs, and Cheyenne. Tribunal Oˆcials: No new tribunal o¨ces have been created, nor have any existing ones been removed. Cost: The marriage nullity process still constitutes a considerable expense to dioceses given the sta¨ng needs and the nature of a judicial process. The Holy Father acknowledged that these expenses should be considered in striving to make the process free of charge for the parties involved. WHAT HAS CHANGED Competence: The titles of competence ( jurisdiction) have been simplified. The consent of the Respondent's judicial vicar is no longer necessary, and the Tribunal can accept cases based on the residence of the Petitioner even if the Respondent lives outside the United States. Composition of tribunals: A majority of lay persons now can serve on a colle- giate tribunal. The abbreviated process: In addition to the formal and documentary processes, an abbreviated process is now available. To employ the abbreviated process, both par- ties must consent, and the Judicial Vicar must determine that the nullity is provable without a full investigation. Ultimately, the Archbishop decides if nullity is proven. Only one sentence needed: To take e„ect, a¨rmative nullity decisions no longer must be reviewed automatically by a higher, appellate court. The parties and the Defender of the Bond, however, can appeal a decision. STRONGER EMPHASES Active role of the bishop as judge: Although the diocesan bishop, previ- ously, was considered the first judge of his diocese, the Holy Father emphasized the importance of the diocesan bishop's active and personal participation in the new abbreviated process. Weight of the parties' testimony: The 1983 Code of Canon law already allowed, under certain circumstances, for the peti- tioner's or the respondent's testimony to constitute full proof of nullity, but the new canons of the Code of Canon Law express that principle more directly. The parish investigation: The Holy Father explained the importance of the parish's role in assisting petitioners before they present petitions for nullity, especially in gathering the information and potential evidence. Around the Archdiocese CAPUCHIN FRANCISCANS - PROVINCE OF ST. CONRAD (O.F.M.) Contact: Fr. Joseph Mary Elder, O.F.M. Vocations Office 3613 Wyandot St. Denver, CO 80211 (720) 425-7821 SISTERS OF MERCY - WEST MIDWEST COMMUNITY (R.S.M.) Contact: Sister Maria Campos, R.S.M. 2300 Adeline Drive, Burlingame, CA 94010 (650) 340-7438 www.sistersofmercy.org www.facebook.com/mercysisters FRIAR SERVANTS OF MARY (O.S.M.) Our Charism: Compassion in imitation of Mary. Contact: Rev. Hugh M. Guentner, O.S.M. Our Lady of Mt. Carmel Church 3549 Navajo Street, Denver, CO 80211 (303) 455-0447 DISCALCED CARMELITES (O.C.D.) Prioress: Mother Mary of Jesus, O.C.D. 6138 S. Gallup St., Littleton, CO 80120 (303) 798-4176 DOMINICAN FATHERS & BROTHERS (O.P.) Contact: Fr. Andy McAlpin O.P., Vocations Director (312) 243-0011 Andymacop@gmail.com Or contact: Fr. Robert Keller O.P. (303) 477-4219 re2lk@hotmail.com Throughout History...people have been called to serve God's people. You can join today's Catholic men and women leading the Church! Answer God's call with a vocation in church ministry. Pope St. John XXIII National Seminary "Celebrating Over 50 Years of Priestly Formation" "I would not be a priest without Pope St. John XXIII." Pope St. John XXIII National Seminary 558 South Avenue • Weston, MA02493 781-899-5500 www.psjs.edu DenverCatholicRegisterAd2014_DenverCatholicRegister2015 10/16/15 4:27 PM Page 1 Marriage nullity process: What's changed, what's the same BY DENVER CATHOLIC 303-715-3230 | denvercatholic@archden.org www.twitter.com/DenverCatholic FOR MORE INFORMATION archden.org/tribunal tribunal.o¬ce@archden.org i