Applying for a Declaration of Nullity in one's quasi-domicile diocese

[HomeschoolDad]

I phrase the subject line this way, because obviously you can do this, but how common is it, and can the quasi-domicile diocese say “we’re not going to accept this application, we’d prefer you file this in your home diocese”?

I have in mind someone who lives in one diocese, but for whatever reason, also has a residence in another diocese — the working definition of a quasi-diocese — is registered as a member of a parish in that diocese (or maybe not), and spends at least some of their time in the diocese.

I am familiar with the concept of quasi-domicile — for years I lived in one diocese, but maintained a secondary living place in another one (where I grew up and my parents still lived), traveled there fairly frequently, spent weekends there from time to time, and even had a checking account at the local bank, for which I received mail at my parents’ house.

 

[Vico]

I phrase the subject line this way, because obviously you can do this, but how common is it, and can the quasi-domicile diocese say “we’re not going to accept this application, we’d prefer you file this in your home diocese”?

I have in mind someone who lives in one diocese, but for whatever reason, also has a residence in another diocese — the working definition of a quasi-diocese — is registered as a member of a parish in that diocese (or maybe not), and spends at least some of their time in the diocese.

I am familiar with the concept of quasi-domicile — for years I lived in one diocese, but maintained a secondary living place in another one (where I grew up and my parents still lived), traveled there fairly frequently, spent weekends there from time to time, and even had a checking account at the local bank, for which I received mail at my parents’ house.

Three months is the length of intended stay for quasi-domicile, making one a temporary resident ( advena ). So short trips to a location less than three months does not quality, one is rather a traveler ( peregrinus ) there if there is an actual domicile or quasi-domicile somewhere.

CIC Can. 107 §1. Through both domicile and quasi-domicile, each person acquires his or her pastor and ordinary.

 

[HomeschoolDad]

Three months is the length of intended stay for quasi-domicile, making one a temporary resident ( advena ). So short trips to a location less than three months does not quality, one is rather a traveler ( peregrinus ) there if there is an actual domicile or quasi-domicile somewhere.

CIC Can. 107 §1. Through both domicile and quasi-domicile, each person acquires his or her pastor and ordinary.

Thank you for clearing this up. Actually, after I posted this, I looked it up, and found the same information. My parents’ home, where I stayed from time to time, would not have qualified as my quasi-domicile after all. I’m leaving the question up, as this could be of benefit to others.

 

[acanonlawyer]

but how common is it

In my experience, not common at all. However, I admit that I don’t pay attention to the possibility of a Petitioner using quasi-domicile. So, it might have happened without me noticing it.

can the quasi-domicile diocese say “we’re not going to accept this application, we’d prefer you file this in your home diocese”?

No, this would not be a legal response. Such a tribunal would be competent to accept the petition and initiate a case and cannot refuse to do so simply because quasi-domicile is the source of competence. I think canon 1505 is the reference.

Dan