Frequently Asked Questions

Will a declaration of nullity make my children illegitimate?

No. A Church declaration of nullity has no civil effects and cannot be used to question a childs legitimacy. It will not change the terms of a civil divorce, or child custody and child support arrangements.

Which of my previous marriages "count" (and need declarations of nullity)?

Whether or not you were Catholic, the Tribunal will need to look at all previous marriages you or your spouse (Catholic or not) have entered, as long as the previous spouse(s) is still alive. In states where “common law” or “informal” marriages are recognized, those marriages must be addressed also.

Will my former spouse(s) be contacted?

Yes. By Church law we must let your former spouse know this process is occurring and offer him or her the opportunity to present testimony and to be involved in the process. Exceptions to this rule are extremely rare and require that additional information be provided directly to the Tribunal.

Can my former spouse(s) stop the process?

No. Your former spouse does not “grant” the declaration of nullity, the Church does. Your former spouse(s) may oppose the declaration of nullity, but ultimately it is not up to either of the parties to decide whether or not it is granted. We must offer your former spouse the opportunity to be involved. However, his or her failure to take the opportunity will not cause your case to stop, nor will his or her opposition to the process.

Do I need witnesses?

Yes. You will need to name witnesses who are able to speak with first-hand knowledge about your background, about your former spouse(s), your courtship and the beginning of your marriage. If you have any difficulties or questions regarding this, please contact the Tribunal at 817-945-9434.

If I am divorced but not remarried, and not living in a sexual relationship with anyone, can I receive Communion?

Yes. There is nothing preventing a divorced Catholic who has not remarried and is not living in a sexual relationship with anyone from receiving the sacraments of Eucharist (Communion), Penance (Confession), or Anointing of the Sick (Last Rites). You may also serve as a godparent for Baptism and a sponsor for Confirmation.

Is a Catholic who is divorced and remarried excommunicated?

No. The penalty of automatic excommunication was removed by Pope Paul VI in November 1977. However, a divorced and remarried Catholic who has not received a declaration of nullity from the Church regarding a previous marriage or marriages, or who has remarried outside the Church, may not receive the sacraments. A person in this situation is urged to begin the process to request a declaration of nullity as soon as possible to see if this situation can be remedied.

What is the fee for a declaration of nullity?

Among the reforms regarding the processes used to determine the nullity of marriage, the "Apostolic Letter Mitis Iudex Dominus Iesus of Pope Francis" has eliminated the fee for any type of petition brought before the Tribunal. Therefore, as of December 8, 2015, the Tribunal of the Diocese of Fort Worth, in compliance with this directive, will no longer assess a fee to petition for a Decree of Invalidity of any prior marriage(s).

However, in some cases the opinion of a Court Appointed Expert may be required. The Expert, who is a licensed professional counselor with a Ph.D., is asked to evaluate the testimonies presented and the petitioner is asked to bear the cost that the Expert charges, usually $150.