1. HOW TO DETERMINE WHICH PROCESS IS BEST FOR EACH CASE
Haga clic con el Mouse o apriete Enter para activar cada movimiento...
HOW TO DETERMINE WHICH PROCESS IS BEST FOR EACH CASE
Little Rock, August 6th, 2019
Mons. Alejandro W. Bunge
Introduction
1.- The first step: a service close to the faithful
2.- The second step: the choice between the judicial options
2.1. Who decides the judicial option
2.2. Documentary process necessary requirements
2.3. Requirements necessary for the shortest process
Conclusion

2. Introduction
The principles are presumed, having clear in mind the Bishop’s roles...
When necessary, I’ll refer the elements of the process: the ordinary, the documentary, the briefer before the Bishop...
Our aim: to offer all the elements that allow to lead each case in the most appropriate direction, without stopping in avoidable obstacles...
1.- The first step: a service close to the faithful
Among the reasons for the reform: the suffering of the faithful in need of the service of justice (Angelus, 15/09/2013)
The Church cannot afford delays in implementing justice and mercy on the truth of the bond of those who have experienced marriage failure (Rescriptum ex audientia SS.mi del 7/12/2015)...
The service of justice itself is by its nature a pastoral service...

3. 2.- The second step: the choice between the judicial options
With the fumus iuris, so to say the sufficient data to consider possible the nullity of marriage, faithfuls can present the libellus...
2.1. Who decides the judicial option
The titles of competence, indicating the tribunals to which the faithful can appeal by requesting the declaration of nullity of their marriage, have been simplified:
The tribunal of the marriage celebration place
The tribunal of place of the domicile or quasi-domicile
The tribunal of the place of the most of the evidence
...as far as possible, the closest tribunal to the parties...
Generally is the Judicial Vicar who decides,
but there are special situations in which may be the Bishop himself...
The decision to apply the documentary process
Is entitled to the diocesan bishop or the competent Vicar (can. 1688)...

4. 2.1.2. The decision to apply the briefer process
If the Bishop have his own diocesan tribunal: the judicial vicar decides...
If the Bishop does not have a diocesan tribunal but a judicial Vicar, decides the judicial Vicar...
If the Bishop does not have a judicial Vicar, he can decide, helped by a qualified person of his own diocese, or of another diocese...
The decision to apply the ordinary process
It must be applied whenever do not occur the conditions that allow the fastest processes...
Normally the judicial vicar will decide the application of the ordinary process, but the bishop can do the same...
2.2. Documentary process necessary requirements
It applies when it is possible to prove the nullity through a document:

5. not subject to contradiction or exception...
It ascertains the existence of a diriment impediment or a defect of form, and that the dispensation was not granted,
or a marriage celebrated by a proxy without a valid mandate...
2.3. Requirements necessary for the briefer process
A briefer process, but not an administrative process...
To respond to the faithful in cases of evident nullity
The decision is of the Bishop, “with Peter the greatest guarantor of Catholic unity in faith and discipline”
The agreement of both parties
It guarantees the absence of conflict between the countries...
It must always be expressly stated:
Manifested by the petition made by both parties...
Or by one of them, with the consent of the other one...
Evidence of nullity
We have just talked about it...

6. Conclusion
It’s not enough a good organization of the tribunals...
It’s necessary service of help and guidance to the faithful...
Conversion of people...
...and updating of the structures...
“I dream of a “missionary option”, that is, a missionary impulse capable of transforming everything, so that the Church’s customs, ways of doing things, times and schedules, language and structures can be suitably channeled for the evangelization of today’s world rather than for her self-preservation. The renewal of structures demanded by pastoral conversion can only be understood in this light: as part of an effort to make them more mission-oriented, to make ordinary pastoral activity on every level more inclusive and open, to inspire in pastoral workers a constant desire to go forth and in this way to elicit a positive response from all those whom Jesus summons to friendship with himself” (Evangelii Gaudium, n. 27).