|
A Catholic man and woman are married before a priest. Three years
later the man says he married her for money and he wants the marriage
dissolved. Can it be done? Complicated questions such as these arise in the
Archdiocese of Atlanta and it is the duty of the Tribunal to see if there are
answers.
The Tribunals daily work is to determine in practical cases
a persons freedom to marry within the limits defined by the laws of God
and the church. Every diocese has a tribunal to safeguard the sanctity of the
marriage bond, while at the same time allowing for a maximum degree of human
liberty.
Father Eusebius Beltran, officialis or presiding judge of the
Tribunal, said a variety of cases comes to the attention of the office. A
common case is one which involves the Pauline privilege, he said.
This refers to 1 Corinthians 7:10 where St. Paul allows the dissolution
of a marriage between unbaptized persons if one seeks to become a Christian and
the other will no longer live in peace with him.
A related case is one in which one party is baptized and the
other is not. Such a case may be dissolved in favor of the faith,
but there are many circumstances which must be considered before this can be
done, Father Beltran said.
There is also the more complex case of a marriage between two
baptized persons which has never been consummated. Such a marriage may be
dissolved if the non-consummation can be proved.
These are cases where the church dissolves an already
existing marriage bond, Father Beltran said. Sometimes the Tribunal
will declare that no marriage bond ever existed, perhaps because of defective
form. A Catholic must be married before a priest and two other witnesses,
although the penalty of excommunication no longer applies. Otherwise there is a
defect of form and no marriage exists.
Every potential marriage case is first investigated by the parish
priest. He will then refer the matter to the priests of the Tribunal who make a
more thorough investigation and seek to prove the truth of the case. Father
Beltran, who acts in the name of Archbishop Hallinan, is assisted on a
part-time basis by Fathers William Hoffman, Simon Slattery and James
Maciejewski.
Occasionally a marriage case will be so complex or touch on such a
fine point of church law that final judgment must come from the pope. About 20
cases a year are referred to Rome by Father Beltran.
Sometimes a final resolution of these cases will take many
months, the priest said. I remember one case which took seven years
before being resolved. While this may work a hardship on the concerned parties,
it demonstrates the painstaking effort of the church to honor the sacredness of
marriage.
|