19 October 1999

Protocol 99-33

 

The Pious Pastors of the Holy Diocese of Denver,

 

Beloved in the Lord,

 

As most of you are aware by now, my office staff has computerized the Diocese Registry process, and I am now able to respond to your requests for Licenses to Marry and for Ecclesiastical Divorce Petitions in a much more timely and professional manner.

      So that your local records and the Diocese Registry files can be maintained in an optimal manner, please note the following:

 

A. Baptism and Chrismation Certificates:

 

1. Blank certificate forms are obtained from the Diocesan Office; these forms consist of an original and two self-duplicating sheets, and the original (top sheet) contains my signature.
2. Once the Mysteries of Baptism and/or Chrismation are completed, the Priest issues the original certificate to the newly baptized/chrismated individual or to the parents of a child.
3. The Priest should retain the second (first self-duplicating) sheet for local parish records.
4. The Priest shall send the third (second self-duplicating) sheet to the Diocesan Office.
5. If an error is made, and a certificate becomes unusable, the Priest shall simply write the word "VOID" in large letters across the certificate, and return all three copies to the Diocesan Office.

 

B. Affidavits for License to Marry:

 

1. Blank affidavit forms are obtained from the Diocesan Office; this form consists of an original and one yellow, self-duplicating sheet. Blanks for supplemental Form 165 may also be obtained from the Diocesan Office.
2. Once any necessary documentation has been gathered, the Priest sends the original (white) affidavit form to the Diocesan Office for processing.
3. The Priest should retain the second (yellow self-duplicating) sheet for local parish records.
4. I will issue the Episcopal License to Marry upon receipt of all proper documentation.
5. Once the Mystery of Marriage is completed, the Priest shall complete the Episcopal License to Marry, and send it to the Diocesan Office.
6. I will issue the Certificate of Marriage upon receipt of the completed Episcopal License to Marry.

 

C. Death Certificates:

 

1. Blank Death Certificates are obtained from the Diocesan Office; these forms consist of a single sheet.
2. Once a funeral has taken place, the Priest shall complete the Death Certificate, and send it to the Diocesan Office.

 

D. Ecclesiastical Divorces:

 

1. All documentation concerning an Ecclesiastical Divorce should be completed in accordance with the guidelines issued by my office.
2. All correspondence from the Priest must be on parish letterhead.
3. No correspondence from the petitioner and respondent to the Ecclesiastical Divorce Tribunal may be on Church letterhead, but must either be on their own personal stationery or on plain paper.
4. Pursuant to the determination of the Ecclesiastical Tribunal, I will send the Ecclesiastical Divorce to the Priest, who in turn will deliver it in person to the individual concerned.

 

      The Priest should request a sufficient number of blank forms, and maintain these in a safe place for use. Since the Baptism and Chrismation Certificates have serialized numbers, an accounting of all forms received is required, thus any voided forms that might occur must be returned to the Diocesan Office.

      It goes without saying that the Priest must record all Baptisms, Chrismations, Marriages and deaths in the appropriate parish registers.

      Since I am obligated annually to submit a complete census of all Mysteries and Funerals celebrated in the Diocese, I ask you to return all completed certificates and licenses to my office as soon after they occur as possible.

      Please remember that it is the Priest's responsibility alone to ensure that all records of a sacramental nature are maintained properly and are processed in a timely manner. Although a secretarial assistant may help in processing these forms, the Priest must exercise oversight and ensure that these matters are handled properly and correctly.

 

With Paternal Blessings,

 

+ Metropolitan Isaiah

Presiding Hierarch of the Diocese of Denver

 

 

 

 

20 October 1999

Protocol 99-34

 

The Pious Pastors of the Holy Diocese of Denver,

 

Beloved Concelebrants,

 

In my pastoral visits to your parishes, I have observed certain things that need attention and correction. I realize that many of you are not accustomed to serving with a bishop, or for reasons unknown to me you seem to become nervous and forget what you know or should know.

      I am therefore taking this opportunity to direct your attention to certain anomalies I have observed. Please read my words carefully.

 

A. The Vespers:

 

1. At Great Vespers the priest who is censing during the Kyrie, ekekraxa wears the felonion and epitrachelion. When a bishop is presiding from the throne, he does not cense the Holy Altar, but immediately exits the sanctuary through the north door, approaches the bishop to receive a blessing, and censes the bishop three times. Following this, the priest turns and censes the icons on the iconostasion three times each, and then turns to the bishop and again censes him nine times. The priest continues to cense the chanters, the congregation and icons on the south side of the church, and then those in the Narthex. Returning up the center aisle, the priest censes the people and icons on the north side of the church. Arriving at the center of the solea, he then again censes the bishop nine times and the icons three times each. Bowing to the bishop, the priest then returns to the altar through the south door. Beginning with the front of the Holy Altar, he then censes all four sides of the table and the front once again. Finally,  standing in the front of the altar, he censes all those standing in the altar area.
2. At Small Vespers there is no entrance and the Fos ilaron is read, not sung.

 

B. The Orthros:

 

1. When the priest is expecting the bishop, he does not vest prior to Matins, but begins Orthros simply wearing an epitrachelion.
2. If the priest wishes to prepare the oblation before the bishop arrives (which he should not) he may do so also simply wearing an epitrachelion. The oblation stops after the priest commemorates the bishop. No other names are commemorated until the bishop vests and completes the oblation; while the bishop is commemorating, the priest may read the names for the oblation along with the bishop.
3. When a bishop is to celebrate, the priest vests after he receives the bishop's blessing to do so; not before.
4. The Sunday Orthros Gospels of the should be chanted and not simply read; at the very least they should be INTONED.
5. When the Gospel book is to be venerated by the people, which is done on Sundays following an Eothinon (resurrectional) Gospel only, the priest brings it forth from the altar when the chanter chants, "Idou gar alithian igapisas...," not before.
6. At the veneration of the Gospel during the chanting of Psalm 50, the priest does not take the Gospel Book to the throne for the bishop to venerate; rather, the bishop will approach the priest who stands in the middle of the solea.
7. When the bishop is present before the people the priest never blesses, either with his hand or with the Gospel Book. This also is the case at funerals when the priest says, "For you are the resurrection ..." The bishop alone does all blessings when he is present.

 

C. The Divine Liturgy:

 

1. When a celebrating bishop is at the throne, the priest does not bow toward him before intoning any petitions or ekphoneses; rather he bows toward him only after he intones something.
2. When a bishop is not the celebrant, after the "Dinamis" of the "Agios o Theos," the priest goes to the Prothesis to recite "Blessed is He Who comes ..." and then to the wooden crucifix to recite "Blessed is He Who is enthroned in glory..."
3. When the priest enters the Altar with the gifts at the Great Entrance, and the bishop is present (presiding from the throne or simply in attendance), he turns toward the bishop and says in a low voice, "May the Lord God remember your archpriesthood in His Kingdom ..."
4. Immediately after reciting the Amvon prayer as the choir sings "Blessed is thename of the Lord ...," the priest goes directly to the Prothesis and stands before the Holy Gifts to read the prayer, "To pliroma tou Nomou ke ton Profiton" — The fulfillment of the Law and the Prophets ..." I do not see a good number of our priests read this prayer when I observe them while being in attendance in the altar.
5. When a bishop distributes the Holy Eucharist at the Holy Altar, the priests receive the holy Body from the bishop's right, go around the Altar Table, and return to receive the sacred Blood from the bishop's left.

 

D. Dismissals:

 

1. At the dismissal, a feast — such as of the Transfiguration or the Elevation of the Holy Cross, or the Dormition — is not commemorated in the place of the patron saint toward the end; it is not logical to be saying in effect: "through the prayers of the feast of the ..."
2. The commemoration of a feast is mentioned, however, in connection with the person or object involved at the beginning; e.g., "... through the intercessions of His all-pure and all-blameless Mother whose Dormition we celebrate this day, ...," or "... by the power of the precious and life-giving Cross whose Universal Exaltation we celebrate this day, ..."
3. Only when a bishop is the celebrant — in other words at the celebration of the sacraments such as the Divine Liturgy — does the service end with the bishop saying "Through the prayers of our holy fathers ..." followed by the senior priest saying "Through the prayers of our holy master ..."
4. At other services, when the bishop presides — such as Vespers or the Paraklesis — the service ends with the concelebrant clergy saying "Through the prayers of our holy master ..." followed by the bishop saying "Through the prayers of our holy fathers ..."

 

E. The Kalymavchion:

 

1. The kalymavchion is worn:
1. When taking Kairos during Orthros
2. At all censings (such as at Matins, during the Doxology at the end of Matins, during the Cherubic Hymn, and at Vespers except as noted below)
3. For the Artoklasia or Memorial Service
4. At processions/litanies outside the Liturgy (e.g., liti at Vespers, processions with the cross and epitafion during Holy Week)
5. At the Dismissal of all services
6. During the Mystery of Marriage, except during the Gospel
2. The kalymavchion is NOT worn:
1. During the Proskomide
2. During the censing of the Proskomide
3. At any time during the Divine Liturgy except as noted above (i.e., censings and Dismissal)
4. During entrances (Small Entrance, Great Entrance, Entrance at Vespers even though the priest carries the censer or the Great Entrance of the Liturgy)
5. During the Mysteries of Baptism/Chrismation except at the chanting of "Osoi eis Christon evaptisthite, Christon enedisasthe" and at the Dismissal
6. During the Mystery of Holy Unction except at the Dismissal
7. During the Paraklisis and Akathist, except at the censing and at the dismissal.
3. The epikalymavchion may not be worn outside the Church; the only time it is worn in public is during an Orthodox religious ceremony or when representing the Bishop at a formal, public affair.

 

      The above observations have to do with basic things regarding our holy services which everyone should know. Finally, do not add your own words to the services, especially in the English language. You are not to be innovators of Saint John Chrysostom's Liturgy, but faithful adherents to this spiritual masterpiece. Do not make it common by using temporal expressions. The Divine Liturgy is not a rehearsal where we "try" different things. We celebrate the Divine Liturgy exactly as the Church has given it to us. The best English translations of the Divine Liturgy are by Father George Papadeas and Father Nicholas M. Elias.

      Please make a point of remembering these basic requirements.

 

  With Paternal Blessings,

 

  + Metropolitan Isaiah

  Presiding Hierarch of the Diocese of Denver

 

 

 

 

04 November 1999

Protocol 99-35

 

The Pious Pastors of the Holy Diocese of Denver,

 

Beloved Concelebrants,

 

Enclosed are several copies of a newly-printed booklet that can be used for retreats, informal gatherings such as Bible study, but also for a more formal setting in a chapel service. The booklet is entitled Vesperal Service For Any Occasion.

      You will see in the booklet that the Vespers begins properly with the reading of the Proemial Psalm. This is followed by the usual petitions. If a group cannot read musical notation, it can chant the same "Lord have mercy" for every petition. The service continues properly with the chanting of "Lord, I have cried out to You" and the priest censing the icons and the congregation. Then there are verses which precede the prosomoia (hymns) of the day. The Doxastikon is the Theotokion of the First Tone followed by the singing of "O Gladsome light..." There can be an entrance by the priest or the priest can remain at the altar area. There is no evening prokeimon nor the next set of ektenia; but for the sake of brevity the prayer "Deem us worthy is recited. It could be recited by the congregation. The plyrotika then follow to the priest's intonation "Blessed and glorified ..."

      The Aposticha are then omitted again for the sake of brevity and the service continues with Saint Symeon's prayer followed by the final prayers recited by the congregation. The apolitikia that follow which are four are the usual ones for the Sundays of Great Lent. This service therefore lends itself to the period of Lent. However, the hymns are considered appropriate for any occasion since they magnify the Theotokos, Saint John the Baptist, and the Holy Apostles.

      I pray that you use this booklet not only for the YAL, but for all the youth groups of your parish.

      May this new booklet prepared primarily for our young people help them to come closer to our Lord through the discipline of prayer and worship.

 

With Paternal Blessings,

 

+ Metropolitan Isaiah

Presiding Hierarch of the Diocese of Denver

 

 

 

 

16 November 1999

Protocol 99-36

 

The Pious Pastors and the Esteemed Parish Council Members of the Holy Diocese of Denver

 

Beloved in the Lord,

 

      I am pleased to announce to you the recent appointment by the Diocesan Council of the Reverend Anthony Scott from Stewardship Advocates to assist the Diocese in the successful completion of the campaign to raise funds for the construction of the Diocese Center.

      Father Scott a dedicated priest of the Antiochian Archdiocese has served for many years as a parish priest, and for the past twelve years has been the chief advancement officer for Saint Vladimir's Seminary where he managed a $22 million capital campaign. His company, Stewardship Advocates, maintains a website at www.stewardshipadvocates.org which you may wish to access to learn more about him. You may also contact him through the Diocese. Or you may call him directly at 212-316-3525, or send him an e-mail at FrScott@stewardshipadvocates.org .

      I ask that you accord Father Scott every courtesy and consideration, receiving him as my personal representative, and to assist him in any way you can to facilitate this most important assignment for the future of our Diocese and for the construction of our Diocese Center.

 

With Paternal Blessings,

 

+ Metropolitan Isaiah

Presiding Hierarch of the Diocese of Denver

 

 

 

 

17 November 1999

Protocol 99-37

 

The Pious Pastors of the Holy Diocese of Denver,

 

Beloved in the Lord,

 

Truly, truly, I say to you, unless a grain of wheat falls into the earth and dies, it remains alone; but if it dies, it bears much fruit. (John 12:24)

      As all of you know, the Orthodox faithful observe the pious and time-honored custom of bringing to the church plates of boiled wheat (kollyva), typically mixed with other sweet ingredients, to be used in the Memorial Services offered for their loved ones.

      Whenever they do, the priest should chant the Memorial Service" (for example at the end of the Liturgy after "Blessed be the name of the Lord..."), which begins with the Evlogitaria for the Deceased and the Hymn "Among the saints ...," followed by the Troparia commencing "Among the spirits of the righteous ..." The plate of kollyva is always placed on an appropriate table in front of the Icon of Christ, and the Memorial Service is chanted there, or the table can be placed in the center of the Solea.

      Although some of you sing all the funeral evlogitaria at a Memorial Service, this is incorrect. Only four are sung: the first and the fourth, as well as the two after "Glory to the Father..." and "Now and ever...;" viz., "The choir of saints ...," "Give rest, O Lord ...," "Glory.. The threefold light ...," and "Now and ever... Rejoice, O gracious Lady."

      When the relatives or friends of one fallen asleep ask that prayers be offered for the repose of the soul of their loved one, but no kollyva is brought to the church, the priest simply chants the Trisagion Service, which begins with the Troparion, "Among the spirits of the righteous ..." The Memorial Service (beginning with the Evlogitaria and "Give rest O Lord among the saints ...,") is not to be chanted if there are no kollyva.

      You cause ... plants for man to cultivate, that he may bring forth food from the earth, and wine to gladden the heart of man, oil to make his face shine, and bread to strengthen man's heart. (Psalm 103:14-15)

      Throughout my many years in the priesthood I have encountered many unusual requests from parishioners. I remember one time when a widow wanted me to spread the kollyva on her husband's grave.

      Recently I have heard of another strange phenomenon that has to do with a combination of kollyva and baked bread being used together for certain Memorial Services.

      As you all know, the boiled wheat is used to symbolize the resurrection of the dead, while loaves of bread are used as a thanksgiving. Accordingly, the faithful observe the tradition of bringing five loaves of bread ­ together with wheat, wine, and oil ­ to the church for use in the Artoklasia Service offered as a thanksgiving to God for special blessings received or for feastday celebrations.

      Bread obviously does not represent the resurrection of the dead since the wheat seed is ground into flour which is used to bake the bread. The boiled wheat seed in kollyva retains its shape and form, whereas the ground wheat flour is used to prepare the "bread to strengthen man's heart." As such, bread symbolizes joy and thanksgiving.

      Perhaps the isolated instances of using a combination of kollyva and bread began in a church which had only one table for special occasions, and often an Artoklasia Service was offered for the health, welfare and salvation of the living, followed immediately by a Memorial Service for those fallen asleep. It may have been that the faithful in that church confused the two services and developed the unusual and incorrect custom of bringing loaves of bread along with kollyva for Memorial Services.

      I encourage each of you to teach your faithful about these services which our Holy Church provides to give us an opportunity to offer thanksgiving to our loving Lord with the Artoklasia Service and with the Memorial Services to beseech His loving mercy upon the souls of those fallen asleep.

      We do not conduct Memorial Services with loaves of bread but only with kollyva. Likewise, we do not conduct a Memorial Service, but rather the Trisagion Service when no kollyva are present.

      Finally, when you chant "Eternal memory..." you do not address the dead person or persons by saying "your memory." No human being can guarantee his memory to be eternal. The "Eternal memory..." is a prayer to God, asking God to keep the person's memory eternal. Therefore it would be "his memory" or "her memory"" or "their memory."

      In this period of forty days preceding the Nativity Feast, may the Lord continue to bless each of you as you prepare to celebrate His holy birth and as you labor in His service for the enlightenment and salvation of His people.

 

With Paternal Blessings,

 

+ Metropolitan Isaiah

Presiding Hierarch of the Diocese of Denver

 

 

 

 

17 November 1999

Protocol 99-38

 

The Pious Pastors of the Holy Diocese of Denver,

 

Beloved in the Lord,

 

The only "second tray" that has been authorized to be passed in your parishes at the present time is the one for the earthquake victims of Greece and Turkey. If you have passed this tray, and have submitted your collection to the Diocese for consolidation and forwarding, I thank you. I am still, however, awaiting receipt of this collection from a few other parishes.

      No other "second tray" is to be passed until all the parishes have responded to the other special trays that have been requested thus far. Therefore until further notice please disregard any requests from anyone for other special collections until we have fulfilled our responsibility toward the earthquake victims as well as the tornado victims of Oklahoma.

 

With Paternal Blessings,

 

+ Metropolitan Isaiah

Presiding Hierarch of the Diocese of Denver

 

 

 

 

23 November 1999

Protocol 99-39

 

The Pious Pastors of the Holy Diocese of Denver,

 

Beloved in the Lord,

 

 

Enclosed please find a copy of the procedures you are to use in submitting Ecclesiastical Divorce Decree petitions for consideration by the Spiritual Tribunal of the Diocese of Denver.

      These procedures are effective immediately upon receipt, and will be incorporated into the Diocesan Administrative Procedures manual in the future.

 

With Paternal Blessings,

 

+ Metropolitan Isaiah

Presiding Hierarch of the Diocese of Denver

 

 

ADMINISTRATIVE GUIDELINES FOR

PETITIONING AN ECCLESIASTICAL

DIVORCE

 

TOPIC INDEX

Introduction: 3-1

General Administrative Regulations: 3-1

Authority: 3-1

General: 3-2

Jurisdiction over Marriages Celebrated in Greece or Cyprus: 3-2

Relationship between an Ecclesiastical Divorce Petition and a Final Civil Divorce

Decree: 3-2

Responsibility for Submitting the Ecclesiastical Divorce Petition: 3-2

The Spiritual Tribunal as an Extension of the Mystery of Repentance: 3-3

Procedure for Petitioning an Ecclesiastical Divorce Decree: 3-3

Requirement to Contact the Respondent: 3-5

The Spiritual Tribunal: 3-5

Delivery of the Decree of Ecclesiastical Divorce to the Petitioner: 3-5

Procedure for Requesting Respondent's Copy of the Ecclesiastical Divorce: 3-5

Delivery of the Decree of Ecclesiastical Divorce to the Respondent: 3-6

Ecclesiastical Divorce Petition Fees: 3-6

Plans for a Church Marriage Subsequent to an Ecclesiastical Divorce: 3-6 Transcript of Certificate of Marriage

 

INTRODUCTION

 

In principle there is no true "divorce" from the Orthodox Mystery of Holy Marriage, but applying the concept of Oikonomia the Church may grant an Ecclesiastical Divorce Decree under certain circumstances.

      An Ecclesiastical Divorce Decree is normally sought when a second or third marriage is contemplated, but it may also be requested by those wishing to formalize their reconciliation with the Church following the breakdown of their marriage and subsequent civil divorce.

      The Ecclesiastical Divorce Decree is required for any previously married individual seeking to contract a second or third ecclesiastical marriage at a parish within the Greek Orthodox Archdiocese of America. Not all Orthodox jurisdictions in this country provide an Ecclesiastical Divorce Decree, however, but may simply permit second and third marriages if recommended by the spiritual father(s) of the individuals concerned. The Ecclesiastical Divorce process ensures that no impediment to remarriage exists, and provides documented evidence that an individual is free to engage in a subsequent marriage if he or she so desires.

      The Ecclesiastical Divorce Decree may not be required for a divorced person to be reinstated to the sacramental life of the Church; this, however, is a decision that must be made by that person's spiritual father. Nevertheless, an Ecclesiastical Divorce Decree is recommended, and should be desirable, since it assures the individual that there are no apparent impediments to full participation in the life of the Church.

      An Ecclesiastical Divorce Decree is granted by the Diocesan Hierarch upon the recommendation of a Spiritual Tribunal. The procedures specified in these guidelines shall therefore be rigorously and exactly followed to ensure correct and timely processing of the Decree.

      Moreover, the Ecclesiastical Divorce process is considered to be an extension of the Mystery of repentance, and thus all procedures and discussions with the individual involved should be conducted with dignity and pastoral sensitivity.

 

GENERAL ADMINISTRATIVE REGULATIONS

 

Authority

 

1. All authority to grant an Ecclesiastical Divorce issues from the Diocesan Hierarch. The Hierarch will normally grant an Ecclesiastical Divorce in response to a recommendation from a Spiritual Tribunal appointed by him.

 

General

 

1. An Ecclesiastical Divorce Petition is submitted to the Diocesan Hierarch in which a Petitioner resides, regardless of the Diocese or jurisdiction in which the party or parties were previously married.

 

Jurisdiction over Marriages Celebrated in Greece or Cyprus or Any Other Country

 

1. The Diocese has no jurisdiction to dissolve marriages that were celebrated in Greece or Cyprus, or any other country, unless at least one of the spouses is a permanent resident of the United States.

 

Relationship between an Ecclesiastical Divorce Petition and a Final Civil Divorce Decree

 

1. An Ecclesiastical Divorce Petition shall not be submitted until a final civil divorce decree has been issued.

 

Responsibility for Submitting the Ecclesiastical Divorce Petition

 

1. An Ecclesiastical Divorce Petition shall be submitted only by priests in parish ministry, specifically by the Proistamenos.
2. The Proistamenos is personally responsible for gathering all required documentation and for submitting a complete Ecclesiastical Divorce Petition package to the Diocese for consideration by the Spiritual Tribunal.
3. The Priest shall view divorce as a pastoral opportunity to help the spiritual life of the Petitioner, as well as the Respondent, and shall therefore thoroughly examine every Petitioner and hear his/her confession in the Mystery of Repentance. The Priest must be satisfied that the Petitioner has examined his/her conscience and the reasons for the deterioration and dissolution of the marriage, and that he/she sincerely desires to be restored to the sacramental life of the Church.
4. The Priest shall not submit an Ecclesiastical Divorce Petition unless he has counseled with the Petitioner and tried to contact the respondent spouse to determine if there is any possibility of reconciliation, in keeping with the counsel of Saint Paul in chapter seven of his first Epistle to the Corinthians. The Priest shall also explain that both the Petitioner and the Respondent will be invited to attend a hearing before the Spiritual Tribunal, although their attendance is not mandatory.
5. The reasons for submitting and granting and Ecclesiastical Divorce Decree are specified in Archdiocesan Protocol 56 dated 12 February 1996 (Attachment A).
6. If there is a question about the status of an Ecclesiastical Divorce Petition, the Priest submitting the Petition shall contact the Diocese on behalf of the Petitioner; the Petitioner shall be discouraged from personally calling the Diocesan Office.

 

The Spiritual Tribunal as an Extension of the Mystery of Repentance

 

1. The Spiritual Tribunal is considered to be an extension of the Mystery of Confession. Its purpose is neither to justify nor to condemn anyone, but rather to facilitate the healing process and to effect reconciliation with the Body of Christ. The Priest shall counsel the Petitioner, and the Respondent where appropriate, that this process is a healing ministry rather than a legalistic formality.

 

 

Procedure for Petitioning an Ecclesiastical Divorce Decree

 

1. The petitioning spouse (the "petitioner") shall contact his/her parish Priest.
2. The Priest shall make every reasonable attempt to reconcile the spouses if at all possible.
3. Failing to effect a reconciliation, and after ascertaining that the petitioner has valid reason for filing a petition for an Ecclesiastical Divorce Decree, the parish Priest shall submit the following documents to the Diocesan Hierarch for the Spiritual Tribunal:
1. "Ecclesiastical Divorce Petition Data Sheet and Checklist" (see Attachment B).

                                                              i.      The purpose of the Divorce Data Sheet and Checklist is to provide the priest with a checklist to ensure that all required documentation is submitted to the Diocesan Office for processing, spiritual tribunal action, episcopal review, and issuance of the Decree of Ecclesiastical Divorce.

                                                            ii.      The Divorce Data Sheet and Checklist shall be filled out completely by the Priest, including: Full street, city, and state addresses and Full Month, day, and year dates.

2. "Statement by the Priest for an Ecclesiastical Divorce" (see Attachment C for the format of this letter).

                                                              i.      This is not a form letter, or a "fill in the blank" form; it is a letter from the Proistamenos to the Diocesan Hierarch.

                                                            ii.      This letter shall be prepared on parish stationery (letterhead).

                                                          iii.      This letter must include the reason for which the Priest is recommending the Ecclesiastical Divorce; the only acceptable reasons are contained in Archdiocesan Protocol 56 dated 12 February 1996 (Attachment A). Note: The only reasons that can be used are those ten that are specified in Protocol 56; no other reasons shall be used. Failure to comply with this requirement will result in the return of the entire package to the priest with no action taken by the Diocese.

                                                           iv.      The Priest shall affix the parish seal to this letter.

3. "Petitioner's Formal Ecclesiastical Divorce Petition" (see Attachment D for the format of this letter).

                                                              i.      This is not a form letter, or a "fill in the blank" form; it is an original letter from the petitioner to the Spiritual Tribunal.

                                                            ii.      This letter shall not be prepared on parish letterhead.

                                                          iii.      The Petitioner shall explain why the marriage deteriorated in his/her own words.

                                                           iv.      The Petitioner shall include all requested information (especially important are the birthplace, phone number and postal Zip Code for both the Petitioner and Respondent) in the format indicated on Attachment D).

4. The original Ecclesiastical Marriage Certificate

                                                              i.      Since the couple has obtained a civil divorce, their ecclesiastical marriage certificate is no longer necessary; if they wish, they may obtain a photocopy.

1.      Every effort must be made by the petitioner to locate and submit their Ecclesiastical Marriage Certificate.

2.      If these efforts are unsuccessful, and the original ecclesiastical marriage certificate has been lost, an official transcript shall be issued from the parish in which the marriage was celebrated.

a.      If an ecclesiastical transcript of marriage is submitted, the Priest shall attach a letter explaining what efforts were made to obtain the original Ecclesiastical Marriage Certificate, and why these failed.

5. The Decree of Dissolution of Marriage issued by the civil court.

                                                              i.      An original certified copy of the Decree is preferred.

                                                            ii.      Since this document will be retained by the Diocesan Office, a photocopy is acceptable; the Priest, however, shall:

1.      Examine the original.

2.      Ensure that the original is a the Final Divorce Decree and not some other document

3.      Ensure the original is official (look for the judge's signature and/or a stamp with the Civil Court "date entered").

4.      Submit a letter on parish stationery stating that the photocopy is a true copy of the original Decree of Dissolution of Marriage issued by the Civil Court, and shall affix the parish seal to this letter.

6. A $150 money order or cashier's check. (A personal check will not be accepted.)
3. The Priest shall inform the petitioner that the process can be expected to take no less than sixty (60) days, and that no plans for a subsequent wedding may be made until after the Decree is issued.

 

Requirement to Contact the Respondent

 

1. Once these five basic items are received at the Diocesan Office, the Diocesan Hierarch will contact the respondent spouse by certified mail informing them that their former spouse has requested an Ecclesiastical Divorce Decree and affording them an opportunity to attend the Spiritual Tribunal if they so desire.
2. An accurate mailing address for the respondent spouse is absolutely necessary; the Spiritual Tribunal cannot take place until an effort has been made to contact the respondent spouse.
3. In the event that the current mailing address of the respondent spouse is not obtainable, the petitioner is responsible for publishing the following notice in the personal advertisement section of a major newspaper in the city where the spouse was last known to be located: "(Name of spouse) or anyone knowing his/her whereabouts, please contact (name of petitioning Priest, address, and phone number) about a personal matter."
1. This advertisement should run for three days, and the entire newspaper page containing the advertisement for each of the three days shall be submitted to the Diocesan Hierarch together with the priest's report of its results whether positive or negative.

 

The Spiritual Tribunal

 

1. The Spiritual Tribunal shall convene on the date scheduled by the Diocesan Hierarch to consider any petitions for Decrees of Ecclesiastical Divorce.
2. Pursuant to the conclusions of the Spiritual Tribunal, a Decree of Ecclesiastical Divorce may be granted to the Petitioner.
3. If granted, the Decree of Ecclesiastical Divorce will be sent to the Priest submitting the petition.
4. After the Decree of Ecclesiastical Divorce has been issued, the respondent spouse will be notified of the fact in writing by the Diocesan Hierarch, and informed that he/she may obtain their copy by submitting a request through his/her parish Priest

 

Delivery of the Decree of Ecclesiastical Divorce to the Petitioner

 

1. The Decree of Ecclesiastical Divorce will be issued to the petitioning Priest who shall thereafter contact the petitioner to come and personally receive the original Decree from the Priest. This requirement to personally meet with the Priest affords an opportunity for the Priest to comfort and instruct the individual as well as to hear the individual's confession if necessary. For these reasons, the Priest shall not send the Decree of Ecclesiastical Divorce to any petitioner by mail.
2. The Priest shall advise the petitioner that the Decree of Ecclesiastical Divorce should be kept in a safe place since it CANNOT BE REPLACED. This original Decree will be required should the petitioner wish to remarry.

 

Procedure for Requesting Respondent's Copy of the Ecclesiastical Divorce

 

1. After being notified that the Decree of Ecclesiastical Divorce has been issued, the respondent spouse (the "respondent") shall contact his/her parish Priest.
2. The parish Priest shall submit the following documents to the Diocesan Hierarch to obtain the respondent's copy of the Decree of Ecclesiastical Divorce:
1. "Statement by the Priest for Respondent's Copy of an Ecclesiastical Divorce" (see Attachment E for the format of this letter), which is to be typed as an original letter on parish letterhead.
2. "Respondent's Request for Copy of an Ecclesiastical Divorce" (see Attachment F for the format of this letter), which is to be typed as an original letter but is not to be typed on parish letterhead.
3. A $200 money order or cashier's check. (A personal check is not acceptable.)

 

Delivery of the Decree of Ecclesiastical Divorce to the Respondent

 

1. The Decree of Ecclesiastical Divorce will be issued to the petitioning Priest who shall thereafter call the respondent to come and personally receive the copy of the Decree from the Priest. This requirement affords an opportunity for the Priest to comfort and instruct the individual as well as to hear the individual's confession if necessary. For these reasons, the Priest shall not send the Decree of Ecclesiastical Divorce to any respondent by mail.
2. The Priest shall advise the respondent that the Decree of Ecclesiastical Divorce should be kept in a safe place since it CANNOT BE REPLACED. This original Decree will be required should the respondent wish to remarry.

 

Ecclesiastical Divorce Petition Fees

 

1. The parish Priest shall explain to the petitioner that there is a fee of $150.00 to cover the administrative costs of processing the necessary documents. This must be submitted in the form of a cashier's check or money order.
2. The parish Priest shall explain to the respondent that there is a fee of $200.00 to cover the administrative costs of processing the necessary documents. This must be submitted in the form of a cashier's check or money order.
1. These fees may be waived in the case of financial necessity; if so, the priest shall submit a letter to the Diocese explaining the reasons and requesting a waiver.

 

Plans for a Church Marriage Subsequent to an Ecclesiastical Divorce

 

1. If a subsequent Church marriage is contemplated, no plans shall be made or confirmed until the Decree of Ecclesiastical Divorce is in hand. In cases where a wedding has already been wrongly scheduled great anxiety and unnecessary pressure may be created for the couple who hope to wed, as