Text of MO HB 1789 (2024)

SECOND REGULAR SESSION HOUSE BILL NO. 1789 102ND GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE BOGGS. 3043H.01I DANA RADEMAN MILLER, Chief Clerk AN ACT To amend chapters 451 and 452, RSMo, by adding thereto two new sections relating to covenant marriages. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Chapters 451 and 452, RSMo, are amended by adding thereto two new 2 sections, to be known as sections 451.055 and 452.055, to read as follows: 451.055. 1. This section shall be known and may be cited as the "Missouri 2 Covenant Marriage Act". 3 2. Persons who have the legal capacity to marry under this chapter may enter 4 into a covenant marriage by declaring their intent to do so on their application for a 5 license obtained under section 451.040 and by complying with the requirements of this 6 section. The returned marriage license shall be designated a covenant marriage license 7 and shall be recorded as provided under this chapter, with an indication that the 8 marriage is a covenant marriage. The declaration shall be filed with the recorder of 9 deeds. Persons may still obtain a standard marriage license, but such persons shall have 10 the option to obtain a covenant marriage license. For all intents and purposes, the 11 covenant marriage license provision shall be considered equal to a standard marriage 12 license and recognized by all government agencies, with all the benefits and rights of a 13 standard marriage license. 14 3. A declaration of intent to enter into a covenant marriage shall contain all of 15 the following: 16 (1) A written statement of the parties' intent to enter into a covenant marriage 17 that shall be in the following form: EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. 18 "DECLARATION OF INTENT TO ENTER INTO COVENANT 19 MARRIAGE 20 A COVENANT MARRIAGE 21 We solemnly declare that we believe that marriage is a covenant 22 between one man and one woman who agree to live together as 23 husband and wife for as long as they both live. We have chosen 24 each other carefully and have received premarital counseling on 25 the nature, purposes, and responsibilities of marriage. We 26 understand that a Covenant Marriage is for life and that we have 27 received counseling regarding the seriousness of Covenant 28 Marriage, including all the legal requirements of individuals 29 when entering into Covenant Marriage. If we experience marital 30 difficulties, we commit ourselves to take all reasonable efforts to 31 preserve our marriage, including marital counseling. 32 With full knowledge of what this commitment means, we do 33 declare that our marriage will be bound by Missouri law on 34 covenant marriage and we promise to love, honor, and care for 35 one another as husband and wife for the rest of our lives. 36 _________________________ 37 Prospective Male Spouse 38 _________________________ 39 Prospective Female Spouse"; 40 (2) A notarized attestation declaring the following and to be in the following 41 form: 42 "AFFIDAVIT 43 BE IT KNOWN THAT the undersigned affiants acknowledge 44 that they have received at least eight hours of premarital 45 counseling from a priest, minister, pastor, rabbi, any other 46 clergyperson of any religious sect, or a professional marriage 47 counselor. The affiants have received counseling regarding the 48 seriousness of Covenant Marriage, including all the legal HB 1789 2 49 requirements of individuals when entering into Covenant 50 Marriage; communication of the fact that a Covenant Marriage is 51 a commitment for life; the obligation of a Covenant Marriage is to 52 take reasonable efforts to preserve the marriage even if marital 53 difficulties arise, including the obligation to seek marital 54 counseling in those difficult times of marital conflict; and the 55 limited grounds for legally terminating a Covenant Marriage by 56 dissolution or legal separation. 57 STATE OF MISSOURI ____________________) 58 COUNTY OF ____________________) 59 _________________________ 60 Prospective Male Spouse 61 _________________________ 62 Prospective Female Spouse 63 On this ______ day of ______ in the year ______ before me, _____ 64 _ (Name of Notary) Notary Public duly commissioned and acting 65 within and for the County and State aforesaid, personally 66 appeared ______ (Prospective Male Spouse) and ______ 67 (Prospective Female Spouse) known to me to be the identical 68 persons whose names are affixed hereto, and who executed the 69 Affidavit, and acknowledged that they executed the same for the 70 uses and purposes therein contained and set forth. 71 (Seal) 72 My commission expires: _________________________ 73 Notary Public _________________________"; 74 (3) A notarized attestation that is signed by the clergy or counselor and to be in 75 the following form: 76 "ATTESTATION FOR COUNSELOR OR CLERGY HB 1789 3 77 As a priest, minister, pastor, rabbi, any other clergyperson of any 78 religious sect, or a professional marriage counselor, I attest that 79 the prospective spouses seeking Covenant Marriage received 80 counseling from either me or a member of my organization as to 81 the nature and purpose of Covenant Marriage that included all 82 the legal requirements of individuals when entering into 83 Covenant Marriage; communication of the fact that a Covenant 84 Marriage is a commitment for life; communication of the fact that 85 the obligation of a Covenant Marriage is to take reasonable 86 efforts to preserve the marriage even if marital difficulties arise, 87 including the obligation to seek marital counseling in those 88 difficult times of marital conflict; and the limited grounds for 89 legally terminating a Covenant Marriage by dissolution or legal 90 separation. 91 _________________________ 92 Counselor/Clergy 93 _________________________ 94 Title (if applicable) 95 _________________________ 96 Organization (if applicable) 97 AFFIDAVIT 98 BE IT KNOWN THAT the undersigned affiant acknowledges 99 that the prospective spouses seeking Covenant Marriage have 100 received at least eight hours of premarital counseling from either 101 a priest, minister, pastor, rabbi, any other clergyperson of any 102 religious sect, or a professional marriage counselor. The 103 counseling included a discussion of the seriousness of Covenant 104 Marriage, including all the legal requirements of individuals 105 when entering into Covenant Marriage; communication of the 106 fact that a Covenant Marriage is a commitment for life; 107 communication of the fact that the obligation of a Covenant HB 1789 4 108 Marriage is to take reasonable efforts to preserve the marriage 109 even if marital difficulties arise, including the obligation to seek 110 marital counseling in those difficult times of marital conflict; and 111 the limited grounds for legally terminating a Covenant Marriage 112 by dissolution or legal separation. 113 STATE OF MISSOURI ____________________) 114 COUNTY OF ____________________) 115 _________________________ 116 Counselor/Clergy 117 On this ______ day of ______ in the year ______ before me, _____ 118 _ (Name of Notary) Notary Public duly commissioned and acting 119 within and for the County and State aforesaid, personally 120 appeared ______ (counselor, priest, minister, pastor, rabbi, or 121 other clergy) known to me to be the identical person whose name 122 is affixed hereto, and who executed the Affidavit, and 123 acknowledged that they executed the same for the uses and 124 purposes therein contained and set forth. 125 (Seal) 126 My commission expires: _________________________ 127 Notary Public _________________________"; and 128 (4) (a) If a husband and wife have previously obtained a standard marriage 129 license but would like to convert the standard marriage license to a covenant marriage 130 license, a notarized attestation, to be in a form as provided under paragraph (b) of this 131 subdivision, of the husband's and wife's intent to convert to a covenant marriage shall 132 be submitted to the recorder of deeds. A husband and wife who apply for a covenant 133 marriage conversion under this subdivision shall not be required to receive premarital 134 counseling, and the husband and wife are not required to have the converted covenant 135 marriage separately solemnized. The conversion of the standard marriage to covenant 136 marriage of a previously married couple shall not require the attestations by clergy or 137 counselors. Conversion to a covenant marriage shall not make valid a marriage that is 138 prohibited under this chapter or that is not validly contracted in this state. HB 1789 5 139 (b) A notarized attestation of the intent to convert a standard marriage license to 140 a covenant marriage license shall be in the following form: 141 "DECLARATION OF INTENT TO CONVERT TO 142 COVENANT MARRIAGE 143 A COVENANT MARRIAGE 144 We solemnly declare that we believe that marriage is a covenant 145 between one man and one woman who agree to live together as 146 husband and wife for as long as they both live. We understand 147 that a covenant marriage is for life and that we understand the 148 seriousness of Covenant Marriage, including all the legal 149 requirements of individuals when entering into Covenant 150 Marriage. If we experience marital difficulties, we commit 151 ourselves to take all reasonable efforts to preserve our marriage, 152 including marital counseling. 153 With full knowledge of what this commitment means, we do 154 declare that our marriage will be bound by Missouri law on 155 Covenant Marriage, and we promise to love, honor, and care for 156 one another as husband and wife for the rest of our lives. 157 _________________________ 158 Male Spouse 159 _________________________ 160 Female Spouse 161 AFFIDAVIT 162 BE IT KNOWN THAT the undersigned affiants acknowledge 163 that they are requesting to convert their existing marriage license 164 to a covenant marriage license. The affiants acknowledge and 165 understand the seriousness of Covenant Marriage, including all 166 the legal requirements of individuals when entering into 167 Covenant Marriage; the fact that a Covenant Marriage is a 168 commitment for life; the fact that the obligation of a Covenant 169 Marriage is to take reasonable efforts to preserve the marriage HB 1789 6 170 even if marital difficulties arise, including the obligation to seek 171 marital counseling in those difficult times of marital conflict; and 172 the limited grounds for legally terminating a Covenant Marriage 173 by divorce or legal separation. 174 STATE OF MISSOURI ____________________) 175 COUNTY OF ____________________) 176 _________________________ 177 Male Spouse 178 _________________________ 179 Female Spouse 180 On this ______ day of ______ in the year ______ before me, _____ 181 _ (Name of Notary) Notary Public duly commissioned and acting 182 within and for the County and State aforesaid, personally 183 appeared ______ (Male Spouse) and ______ (Female Spouse) 184 known to me to be the identical persons whose names are affixed 185 hereto, and who executed the Affidavit and acknowledged that 186 they executed the same for the uses and purposes therein 187 contained and set forth. 188 (Seal) 189 My commission expires: _________________________ 190 Notary Public _________________________". 191 4. The recorder of deeds shall document that the attestations were submitted and 192 shall file all covenant marriage license documentation according to the laws of the state 193 of Missouri. If all the provisions have been met under this section, the recorder of deeds 194 shall issue to the husband and wife a marriage license certificate that documents the 195 husband's and wife's covenant marriage or conversion to a covenant marriage 196 accordingly. 197 5. The state of Missouri shall publish a page on its website titled "Missouri 198 Covenant Marriage Act". The page shall describe the requirements for entering into a 199 covenant marriage under this section and the grounds necessary to obtain a decree of HB 1789 7 200 dissolution of covenant marriage or a legal separation of covenant marriage under 201 section 452.055. 452.055. 1. A husband and wife who entered into a covenant marriage under 2 section 451.055 may file a petition for legal separation of covenant marriage at any time, 3 but a petition for dissolution of covenant marriage shall be filed only after the court has 4 ordered a legal separation. The court may enter temporary orders at any time after a 5 petition for legal separation of covenant marriage or a petition for dissolution of 6 covenant marriage has been filed under this section. 7 2. Regardless of whether a husband and wife have entered into a standard 8 marriage or covenant marriage, if there is a court-ordered requirement that divorcing 9 or separating parents with at least one minor child are required to attend a parenting 10 education class, the parties may opt for a faith-based alternative program as long as that 11 program informs the parties of the effects of divorce on families and children. 12 3. If a husband and wife have entered into a covenant marriage under section 13 451.055, the court shall require that both parties attend at least forty hours of marital 14 counseling before a dissolution may be granted. Counseling may be provided by either a 15 faith-based organization or a professional marriage counselor or agency thereof. 16 4. If a husband and wife have entered into a covenant marriage under section 17 451.055, the court shall not enter a decree of dissolution until at least two years have 18 passed after the initial filing for legal separation or dissolution, and the court shall grant 19 a dissolution for divorce only after first ordering a legal separation, including any 20 temporary orders deemed necessary by the court for the following situations: 21 (1) Either spouse has committed adultery; 22 (2) Either spouse has habitually abused drugs or alcohol; 23 (3) Either spouse has committed a felony and has been sentenced to death or 24 imprisonment in any federal, state, county, or municipal correctional facility; 25 (4) Either spouse has physically or sexually abused the other spouse, a child, a 26 relative of either spouse permanently living in the matrimonial domicile, or has 27 committed domestic violence or severe emotional abuse; 28 (5) Either spouse has abandoned the matrimonial domicile and has not been in 29 contact with the other spouse for at least two years and that spouse refuses to return. A 30 party may file a petition based on this ground by alleging that his or her spouse has 31 abandoned the matrimonial domicile and is expected to remain absent for the required 32 period of at least two years. If his or her spouse has not abandoned the matrimonial 33 domicile for the required period of two years at the time of the filing of the petition, the 34 action of a dissolution of marriage shall be stayed for the period of time remaining to HB 1789 8 35 meet the grounds based on abandonment; except that, the court may enter and enforce 36 temporary orders of a legal separation during the time that the action is pending; 37 (6) The spouses have been living separate and apart continuously without 38 reconciliation for at least two years. A party may file a petition based on this ground by 39 alleging that it is expected that the parties have been living separate and apart for the 40 required period of at least two years. If the parties have not been separated 41 continuously for the required period of at least two years at the time of the filing of the 42 petition, the action of dissolution of marriage shall be stayed until the requirement of 43 living apart and separate continuously for at least two years is met; except that, the 44 court may enter and enforce temporary orders for a legal separation during the time 45 that the action is pending; or 46 (7) The husband and wife have attended at least forty hours of marital 47 counseling sessions over the course of at least two years. 48 5. Dissolution under this section shall be granted after all other remedies under 49 this section have failed. ✔ HB 1789 9