The Catholic Church teaches that marriage is a community of life and love, an enduring and exclusive partnership between a man and a woman for the giving and receiving of love and for the procreation and education of children. According to Church teaching, every valid marriage between two baptized persons is a sacrament, and thus it is permanently binding and cannot be dissolved. In addition, the Church recognizes the validity and permanence of the marriages of unbaptized persons. The Church teaches that certain elements must be present in order for a marriage to be valid. Some of these would be minimal maturity, a personal commitment to marriage and to the other party, average emotional stability, a belief that marriage is a lifelong and faithful union, an openness to children, and sufficient evaluative judgment in entering marriage.

Unfortunately, not every marriage, including some that are entered with the best intentions, is successful, and many marriages end in divorce. The Church is aware of the stress and suffering experienced by separated, divorced and remarried people, particularly Catholics, and it expresses its pastoral concern in different ways, especially through the ministry of the Marriage Tribunal. The Marriage Tribunal is composed of trained personnel and is designed to help determine whether the divorced and remarried person or the divorced person intending another marriage, is free to have his or her marriage celebrated in the Catholic Church. The law of the Church requires that every diocese have a functioning Marriage Tribunal.

A Declaration of Nullity is a judgment of a Marriage Tribunal of the Catholic Church concerning the invalidity of a particular union. If a Declaration of Nullity is granted, it means that in the eyes of the Church, a basic element was missing from the union in question from the very beginning and that on account of this, the marriage was not valid from the start. The Declaration of Nullity does not deny that a real relationship may have existed, nor does it imply that the union was entered with ill will or moral fault. Rather, a Declaration of Nullity states that the relationship fell short of at least one of the elements seen as essential for a true, valid Christian marriage. Finally, a Declaration of Nullity does not seek to establish guilt or innocence, but rather validity or invalidity. In the United States, a church Declaration of Nullity has absolutely no civil effects. The granting of a Declaration of Nullity will not affect anything that is determined by civil law, such as alimony, child custody, visitation rights, division of property, etc.

Divorced persons, regardless of religious affiliation, have the right to apply for a Declaration of Nullity of their former marriage. Persons who are not members of the Catholic Church often pursue a Declaration of Nullity in order to establish their freedom to marry a Catholic. In order to make application, the individual must approach the Marriage Tribunal which has the proper jurisdiction for the case. This would include the Tribunal of the Diocese where the marriage in question took place, the Tribunal of the Diocese where the other party lives, the Tribunal of the Diocese where the party seeking the Declaration of Nullity currently lives, and the Tribunal of the Diocese where the majority of the proofs can be gathered.

In order to initiate the process, parties believing that their marriage may have been invalid should contact their parish priest, who will refer them to an Advocate approved by the Tribunal to act on their behalf. The Advocate will conduct the initial interview in order to explore the possibility of a Declaration of Nullity. At this time the person, hereafter known as the Petitioner, will tell the story of his or her marriage, with special emphasis on any circumstances, personality traits, and behavioral patterns on the part of either or both parties which in their opinion may have caused or contributed to the failure of the union. Specific facts such as the duration of the courtship, the religious affiliation and baptismal status of both parties, the date and place of marriage, and of divorce should also be presented at this time. The Advocate will fill out the initial form to introduce the case and forward it to the Marriage Tribunal for acceptance and direction. Upon acceptance of the case, the Tribunal will forward the necessary forms to the Advocate acting on behalf of the Petitioner. This person is known as the Advocate. Any communication or inquiries with the Marriage Tribunal regarding the case should be made through the Advocate.

Petitioners coming for an initial interview should bring a legally certified copy of the Final Divorce Decree, a Church Marriage Certificate for Catholic weddings, a legally certified copy of the civil Marriage Certificate for non-Catholic weddings, and recently issued Baptismal Certificates for the Catholic parties. If these documents are not available at the time of the initial interview, they should be given to the Advocate as soon as possible after it. No case will be brought to a hearing unless all the necessary documents have been submitted. Depending on the nature of the case other documents may be required.