Frequently Asked Questions

The following answers frequently asked questions about a declaration of invalidity in the Diocese of Little Rock. To learn more, read Procedures in a Formal Case.

Why would someone petition for a decree of invalidity?

People typically petition for a decree of invaldity for one of three reasons: 1.) They are a Catholic who had a marriage end in divorce and want to be free to enter a new marriage in the future; 2) They are a non-Catholic who has a prior marriage and now wants to marry a Catholic; or 3.) They are a non-Catholic who is divorced and remarried and now wants to enter the Catholic Church.

Are Catholic marriages the only ones that need to be examined before a new union can take place in the Catholic Church?

No, the Catholic Church believes that all marriages are presumed valid until proven otherwise and that all people, regardless of religion, have a right to marry. Therefore, all marriages that end in divorce must be examined by the Tribunal for validity prior to a new marriage in the Catholic Church.

Are there different types of cases?

Yes, there are different types of cases depending on the individual circumstances for each petitioner. There are formal cases, documentary cases, lack of canonical form cases and dissolution cases.

How long does the process take?

There is no set timeline for a case. Some cases may take a few days (lack of canonical form) while other cases could take over a year (formal cases).

Can my former spouse(s) stop the process?

No, your former spouse will be asked and encouraged to participate. However, their desire to “stop the case” does not end the canonical process.

What if the respondent does not respond?

If the respondent does not respond to either the initial citation or the second letter that states the grounds, a third letter is sent. If the respondent still does not respond, he/she will be declared absent. The respondent still remains free to participate at any time in the process.

Will a declaration of invalidity make my children illegitimate?

No, canon law specifically states that children born to parties who are in a presumably valid marriage are legitimate according to canon law, even if that marriage is later declared invalid.

What is the fee for a declaration of nullity?

The Diocese of Little Rock does not ask for any payment or donation for marriage invalidity cases.