How is marriage related to a "tribunal"?

by Sister Kathleen Bierne, PBVM

The Catholic church is committed to the permanent nature of the bond of marriage. When any marriage ends in divorce, the Catholic church is also prepared to examine that union and see if the wedding that was celebrated was a valid/sacramental bond. This is how a tribunal or church court is related to a marriage that has ended in divorce.

One of the tasks of a tribunal is to respond to requests by individuals, to investigate whether or not a former marriage was validly established according to the theological and legal nature of marriage. Those who work in a tribunal see their ministry as both prophetic (to uphold marriage as an indissoluble bond) and pastoral (to assist the people who have experienced the pain of divorce). Holding these two strands in healthy tension is the work of the Tribunal of the Diocese of New Ulm. In this diocese, the Tribunal has been under the direction of Rev. John Gerald Berger since 1973. He has served in the capacity of Judicial Vicar, one who judges in the name of the bishop, for three bishops. He is currently assisted by Rev. Mark Mallak, Defender of the Bond. The Judges who assist them on a rotating basis are Rev. Paul Wolf, Rev. Gene Lozinski and Rev. Doug Grams. In addition, Rev. Jerry Paulson serves as Defender of the Bond for the Archdiocese of St. Paul and Minneapolis on behalf of New Ulm. In July of 1998 Sr. Kathleen Bierne, PBVM, became the first full-time director of the Tribunal. She is assisted by Janelle Drexler, Tribunal Office Manager. The priests and Sr. Kathleen have degrees in Canon Law or they have received an equivalent waiver from Rome. Janelle has earned a certificate from Catholic University as a Para-professional in Canon Law. The only personnel who are full-time are Sr. Kathleen and Janelle.

In addition to the personnel named, twelve volunteer advocates assist with interviews and the instruction of cases in the various regions of the diocese. These people have received training and are available to assist with inquiries, complete the necessary papers and help the judge in completing the case. The people who currently are advocates and auditors for the diocese are Rev. Steve Verhelst, Rev. Andy Michels, Rev. Dick Gross, Delores Perkins, Sr. Colette Toenies, Dolores Berg, Patty McCauley, Allen and Bunny Iverson, Sr. Marlene Konrady, Sr. Jeanette Homan, and Sr. Mary Weidner. These people provide an invaluable service to the diocese and are very generous with their time and talent.

Bishop Nienstedt has continued the stance established by Bishop Lucker, that the services of the Tribunal are provided totally apart from any direct remuneration. At the same time, Bishop Nienstedt acknowledges, as did Bishop Lucker, the need to defray some of the direct costs of processing a case. These include salaries, travel, postage, copying, telephone and transcription. An estimate of the actual cost incurred in this Province (Minnesota, South & North Dakota) is between six hundred and eight hundred dollars. In this diocese, when a case is completed the Petitioner is asked to contribute toward the incurred expenses. In the past, one hundred fifty dollars was the suggested contribution. In the future, the suggested amount will be half of the estimated average cost. As in the past, the diocese, through DUF and other income, will continue to defray the cost of tribunal services, irrespective of anyone’s ability to assist with expenses. If you have heard that cost prohibits anyone from pursuing a declaration of invalidity, please assure them that such a fear never was grounded in reality in this diocese and will not be in the future.

For further information about bringing a marriage to the Tribunal for review, please contact your local pastor, one of the trained advocates, or call directly to the Tribunal Office. On a national average, only one in ten of the marriages that could be brought to the church for review is actually presented. It is the wish of the Tribunal that such a decision be made with accurate and theologically sound information. Please call us! (507) 359-2966.