Text of AL SB 270 (2012)

1 SB270 2 135711-1 3 By Senators Williams, Allen, Beason, Brooks, Reed and Scofield 4 RFD: Judiciary 5 First Read: 09-FEB-12 Page 0 1 135711-1:n:01/20/2012:JMH/tan LRS2012-293 2 3 4 5 6 7 8 SYNOPSIS: This bill would create the Alabama Covenant 9 Marriage Act. This bill would provide a process by 10 which a couple could choose to enter into a 11 covenant marriage by stating such on the 12 application for a marriage license. This bill would 13 provide that parties who enter into a covenant 14 marriage must undergo counseling and meet certain 15 requirements before seeking a divorce. 16 17 A BILL 18 TO BE ENTITLED 19 AN ACT 20 21 To create the Alabama Covenant Marriage Act; to 22 provide requirements for a covenant marriage; and to provide 23 for dissolution of a covenant marriage. 24 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 25 Section 1. This act shall be known and may be cited 26 as the "Alabama Covenant Marriage Act." Page 1 1 Section 2. (a) A covenant marriage is a marriage 2 entered into by one male and one female who understand and 3 agree that the marriage between them is a lifelong 4 relationship. Parties to a covenant marriage have received 5 counseling emphasizing the nature and purposes of marriage and 6 the responsibilities thereto. Only when there has been a 7 complete and total breach of the marital covenant commitment 8 may the non-breaching party seek a declaration that the 9 marriage is no longer legally recognized. 10 (b) A man and a woman may contract a covenant 11 marriage by declaring their intent to do so on their 12 application for a marriage license and executing a declaration 13 of intent to contract a covenant marriage. The application for 14 a marriage license and the declaration of intent shall be 15 filed with the official who issues the marriage license. 16 Section 3. (a) A declaration of intent to contract a 17 covenant marriage shall contain all of the following: 18 (1) A recitation by the parties to the following 19 effect: 20 "A COVENANT MARRIAGE 21 "We do solemnly declare that marriage is a covenant 22 between a man and a woman who agree to live together as 23 husband and wife for so long as they both may live. We have 24 chosen each other carefully and disclosed to one another 25 everything which could adversely affect the decision to enter 26 into this marriage. We have received premarital counseling on Page 2 1 the nature, purposes, and responsibilities of marriage. We 2 have read the Covenant Marriage Act, and we understand that a 3 covenant marriage is for life. If we experience marital 4 difficulties, we commit ourselves to take all reasonable 5 efforts to preserve our marriage, including marital 6 counseling. 7 "With full knowledge of what this commitment means, 8 we do hereby declare that our marriage will be bound by 9 Alabama law on Covenant Marriage and we promise to love, 10 honor, and care for one another as husband and wife for the 11 rest of our lives." 12 (2)a. An affidavit by the parties that they have 13 received premarital counseling from a priest, minister, rabbi, 14 clergy of any religious sect, or a marriage counselor, which 15 counseling shall include a discussion of the seriousness of 16 covenant marriage, communication of the fact that a covenant 17 marriage is a commitment for life, a discussion of the 18 obligation to seek marital counseling in times of marital 19 difficulties, and a discussion of the exclusive grounds for 20 legally terminating a covenant marriage by divorce or by 21 divorce after a judgment of separation from bed and board. 22 b. A notarized attestation, signed by the counselor 23 and attached to or included in the parties' affidavit, 24 confirming that the parties were counseled as to the nature 25 and purpose of the marriage and the grounds for termination 26 thereof and an acknowledgment that the counselor provided to Page 3 1 the parties the informational pamphlet developed and 2 promulgated by the office of the Attorney General, which 3 pamphlet shall be entitled "The Covenant Marriage Act," and 4 provide full explanation of the terms and conditions of a 5 covenant marriage. 6 (3)a. The signature of both parties witnessed by a 7 notary. 8 b. If one or both of the parties are minors, the 9 written consent of authorization of a parent or guardian to 10 consent to or authorize the marriage of minors. 11 (b) The declaration shall contain two separate 12 documents, the recitation and the affidavit, the latter of 13 which shall include the attestation either included therein or 14 attached thereto. The recitation shall be prepared in 15 duplicate, one copy shall be retained by the parties and the 16 other copy, together with the affidavit and attestation, shall 17 be filed in the probate office of the county issuing the 18 marriage license. 19 Section 4. (a) On or after the date that this act 20 becomes law, married couples may execute a declaration of 21 intent to designate their marriage as a covenant marriage to 22 be governed by the laws relative thereto. 23 (b)(1) This declaration of intent in the form and 24 containing the contents required by subsection (c) shall be 25 presented to the judge of probate who issued the couple's 26 marriage license and with whom the couple's marriage Page 4 1 certificate is filed. If the couple was married outside of 2 this state, a copy of the foreign marriage certificate, with 3 the declaration of intent attached thereto, shall be filed 4 with the judge of probate in the county in which the couple is 5 domiciled. The judge of probate shall make a notation on the 6 marriage certificate of the declaration of intent of a 7 covenant marriage and attach a copy of the declaration to the 8 certificate. 9 (2) On or before the fifteenth day of each calendar 10 month, the judge of probate shall forward to the office of 11 vital statistics each declaration of intent of a covenant 12 marriage filed with him or her during the preceding calendar 13 month pursuant to this section. 14 (c)(1) A declaration of intent to designate a 15 marriage as a covenant marriage shall contain all of the 16 following: 17 a. A recitation by the parties of the following 18 effect: 19 "We do solemnly declare that marriage is a covenant 20 between a man and a woman who agree to live together as 21 husband and wife for so long as they both may live. We 22 understand the nature, purpose, and responsibilities of 23 marriage. We have read the Covenant Marriage Act, and we 24 understand that a covenant marriage is for life. If we 25 experience marital difficulties, we commit ourselves to take Page 5 1 all reasonable efforts to preserve our marriage, including 2 marital counseling. 3 "With full knowledge of what this commitment means, 4 we do hereby declare that our marriage will be bound by 5 Alabama law on covenant marriage, and we renew our promise to 6 love, honor, and care for one another as husband and wife for 7 the rest of our lives." 8 b.1. An affidavit by the parties that they have 9 discussed their intent to designate their marriage as a 10 covenant marriage with a priest, minister, rabbi, clergy of 11 any religious sect, or a marriage counselor, which included a 12 discussion of the obligation to seek marital counseling in 13 times of marital difficulties and the exclusive grounds for 14 legally terminating a covenant marriage by divorce or by 15 divorce after a judgment of separation from bed and board. 16 2. A notarized attestation, signed by the counselor 17 and attached to the parties' affidavit, acknowledging that the 18 counselor provided to the parties the information pamphlet 19 developed and promulgated by the office of the Attorney 20 General, which pamphlet shall be entitled "The Covenant 21 Marriage Act," and provide a full explanation of the terms and 22 conditions of a covenant marriage. 23 3. The signature of both parties witnessed by a 24 notary. 25 (2) The declaration shall contain two separate 26 documents, the recitation and the affidavit, the latter of Page 6 1 which shall include the attestation either included therein or 2 attached thereto. The recitation shall be prepared in 3 duplicate, one copy shall be retained by the parties and the 4 other copy, together with the affidavit and attestation, shall 5 be filed as provided in subsection (b). 6 Section 5. (a) Notwithstanding any other law to the 7 contrary and subsequent to the parties obtaining counseling, a 8 spouse to a covenant marriage may obtain a judgment of divorce 9 only upon proof of any of the following: 10 (1) The other spouse has committed adultery. 11 (2) The other spouse has committed a felony and has 12 been sentenced to death or imprisonment at hard labor. 13 (3) The other spouse has abandoned the matrimonial 14 domicile for a period of one year and constantly refuses to 15 return. 16 (4) The other spouse has physically, emotionally, or 17 sexually abused the spouse seeking the divorce or a child of 18 one of the spouses. 19 (5) The spouses have been living separate and apart 20 continuously without reconciliation for a period of two years. 21 (6)a. The spouses have been living separate and 22 apart continuously without reconciliation for a period of one 23 year from the date the judgment of separation from bed and 24 board was signed. 25 b. If there is a minor child or children of the 26 marriage, the spouses have been living separate and apart Page 7 1 continuously without reconciliation for a period of one year 2 and six months from the date the judgment of separation from 3 bed and board was signed; however, if abuse of a child of the 4 marriage or a child of one of the spouses is the basis for 5 which the judgment of separation from bed and board was 6 obtained, then a judgment of divorce may be obtained if the 7 spouses have been living separate and apart continuously 8 without reconciliation for a period of one year from the date 9 the judgment of separation from bed and board was signed. 10 (b) In the event one spouse refuses after repeated 11 requests to attend marital counseling as required in 12 subsection (a), the petitioning spouse may submit a sworn 13 affidavit which shall accompany any complaint for divorce 14 under the grounds cited in subdivisions (1) to (6), inclusive, 15 of subsection (a). The affidavit shall attest to the repeated 16 attempts to pursue marital counseling and shall be served upon 17 the opposing spouse along with any summons and complaint as a 18 part of the due process otherwise required under state law. 19 Section 6. The office of Attorney General shall 20 promulgate an informational pamphlet entitled "Covenant 21 Marriage Act," which shall outline in sufficient detail the 22 consequences of entering into a covenant marriage. The 23 informational pamphlet shall be made available online or in 24 hard copy to any counselor who provides marriage counseling as 25 provided for by this act. Page 8 1 Section 7. This act shall become effective on the 2 first day of the third month following its passage and 3 approval by the Governor, or its otherwise becoming law. Page 9