Cases concerning marriage nullity, erroneously referred to as “annulments of marriage”, are, in accordance with the Motu Proprio Mitis Iudex Dominus Iesus, normally judged in the first instance at the competent diocesan, interdiocesan or regional court, by reason of the domicile of the parties, the celebration of wedding or the place where most of the evidence is located. All cases of marriage nullity can be appealed to Rome before the Roman Rota. Criminal cases are dealt with in diocesan courts and then appealed to the metropolitan court or to the Roman Rota. They can also be dealt with administratively before the diocesan Curia and then challenged at the competent Roman Dicastery and eventually before the Apostolic Signatura, except those relating to delicta graviora, child abuse and those judged according to the Special Faculties of the Congregation for the Clergy and the Congregation for the Evangelization of Peoples. Administrative appeals have a diocesan administrative phase (before the same authority), followed by a phase before the competent Dicastery, whose decisions can then be challenged before the Supreme Tribunal of the Apostolic Signatura.
The petitioner
In judgments of matrimonial nullity, the petitioner (i.e. the party introducing the cause) can appoint his or her own patron or, if the requisites are met, make use of a permanent patron provided by the court or, if he is without means, request free legal aid.
The respondant
In judgments of matrimonial nullity, the respondent party (i.e. the party called to trial) can appoint his or her own patron, submit to the justice of the court by participating or not in the investigation, or refuse to participate, thus being declared absent from the trial. However, it is always advisable that the respondent participate in the trial, thus contributing to the ascertainment of the Truth and possibly presenting with the help of a lawyer evidence to support her position.
