Text of MO SB 1234 (2024)

SECOND REGULAR SESSION SENATE BILL NO. 1234 102ND GENERAL ASSEMBLY INTRODUCED BY SENATOR MOON. 3843S.01I KRISTINA MARTIN, Secretary 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 1 adding thereto two new sections, to be known as sections 451.055 2 and 452.055, to read as follows: 3 451.055. 1. This section shall be known and may be 1 cited as the "Missouri Covenant Marriage Act". 2 2. Persons who have the legal capacity to marry under 3 this chapter may enter into a covenant marriage by declaring 4 their intent to do so on their application for a license 5 obtained under section 451.040 and by complying with the 6 requirements of this section. The returned marriage license 7 shall be designated a covenant marriage license and shall be 8 recorded as provided under this chapter, with an indication 9 that the marriage is a covenant marriage. The declaration 10 shall be filed with the recorder of deeds. Persons may 11 still obtain a standard marriage license, but such persons 12 shall have the option to obtain a covenant marriage 13 license. For all intents and purposes, the covenant 14 marriage license provision shall be considered equal to a 15 standard marriage license and recognized by all government 16 agencies, with all the benefits and rights of a standard 17 marriage license. 18 SB 1234 2 3. A declaration of intent to enter into a covenant 19 marriage shall contain all of the following: 20 (1) A written statement of the parties' intent to 21 enter into a covenant marriage that shall be in the 22 following form: 23 (2) A notarized attestation declaring the following 51 and to be in the following form: 52 24 25 "DECLARATION OF INTENT TO ENTER INTO COVENANT MARRIAGE 26 A COVENANT MARRIAGE 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 We solemnly declare that we believe that marriage is a covenant between one man and one woman who agree to live together as husband and wife for as long as they both live. We have chosen each other carefully and have received premarital counseling on the nature, purposes, and responsibilities of marriage. We understand that a Covenant Marriage is for life and that we have received counseling regarding the seriousness of Covenant Marriage, including all the legal requirements of individuals when entering into Covenant Marriage. If we experience marital difficulties, we commit ourselves to take all reasonable efforts to preserve our marriage, including marital counseling. 42 43 44 45 46 With full knowledge of what this commitment means, we do declare that our marriage will be bound by Missouri law on covenant marriage and we promise to love, honor, and care for one another as husband and wife for the rest of our lives. 47 _________________________ 48 Prospective Male Spouse 49 _________________________ 50 Prospective Female Spouse"; SB 1234 3 53 "AFFIDAVIT 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 BE IT KNOWN THAT the undersigned affiants acknowledge that they have received at least eight hours of premarital counseling from a priest, minister, pastor, rabbi, any other clergyperson of any religious sect, or a professional marriage counselor. The affiants have received counseling regarding the seriousness of Covenant Marriage, including all the legal requirements of individuals when entering into Covenant Marriage; communication of the fact that a Covenant Marriage is a commitment for life; the obligation of a Covenant Marriage is to take reasonable efforts to preserve the marriage even if marital difficulties arise, including the obligation to seek marital counseling in those difficult times of marital conflict; and the limited grounds for legally terminating a Covenant Marriage by dissolution or legal separation. 72 STATE OF MISSOURI ____________) 73 COUNTY OF ____________________) 74 _________________________ 75 Prospective Male Spouse 76 _________________________ 77 Prospective Female Spouse 78 79 80 81 82 83 84 85 86 87 On this ______ day of ______ in the year ______ before me, ______ (Name of Notary) Notary Public duly commissioned and acting within and for the County and State aforesaid, personally appeared ______ (Prospective Male Spouse) and ______ (Prospective Female Spouse) known to me to be the identical persons whose names are affixed hereto, and who executed the Affidavit, and acknowledged that they executed the same for the uses and purposes therein contained and set forth. 88 (Seal) 89 My commission expires: _________________________ SB 1234 4 (3) A notarized attestation that is signed by the 91 clergy or counselor and to be in the following form: 92 90 Notary Public _________________________"; 93 "ATTESTATION FOR COUNSELOR OR CLERGY 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 As a priest, minister, pastor, rabbi, any other clergyperson of any religious sect, or a professional marriage counselor, I attest that the prospective spouses seeking Covenant Marriage received counseling from either me or a member of my organization as to the nature and purpose of Covenant Marriage that included all the legal requirements of individuals when entering into Covenant Marriage; communication of the fact that a Covenant Marriage is a commitment for life; communication of the fact that the obligation of a Covenant Marriage is to take reasonable efforts to preserve the marriage even if marital difficulties arise, including the obligation to seek marital counseling in those difficult times of marital conflict; and the limited grounds for legally terminating a Covenant Marriage by dissolution or legal separation. 112 _________________________ 113 Counselor/Clergy 114 _________________________ 115 Title (if applicable) 116 _________________________ 117 Organization (if applicable) 118 AFFIDAVIT 119 120 121 122 123 124 125 BE IT KNOWN THAT the undersigned affiant acknowledges that the prospective spouses seeking Covenant Marriage have received at least eight hours of premarital counseling from either a priest, minister, pastor, rabbi, any other clergyperson of any religious sect, or a professional marriage counselor. The counseling SB 1234 5 (4) (a) If a husband and wife have previously 156 obtained a standard marriage license but would like to 157 convert the standard marriage license to a covenant marriage 158 license, a notarized attestation, to be in a form as 159 provided under paragraph (b) of this subdivision, of the 160 husband's and wife's intent to convert to a covenant 161 126 127 128 129 130 131 132 133 134 135 136 137 138 included a discussion of the seriousness of Covenant Marriage, including all the legal requirements of individuals when entering into Covenant Marriage; communication of the fact that a Covenant Marriage is a commitment for life; communication of the fact that the obligation of a Covenant Marriage is to take reasonable efforts to preserve the marriage even if marital difficulties arise, including the obligation to seek marital counseling in those difficult times of marital conflict; and the limited grounds for legally terminating a Covenant Marriage by dissolution or legal separation. 139 STATE OF MISSOURI ____________) 140 COUNTY OF ____________________) 141 _________________________ 142 Counselor/Clergy 143 144 145 146 147 148 149 150 151 152 On this ______ day of ______ in the year ______ before me, ______ (Name of Notary) Notary Public duly commissioned and acting within and for the County and State aforesaid, personally appeared ______ (counselor, priest, minister, pastor, rabbi, or other clergy) known to me to be the identical person whose name is affixed hereto, and who executed the Affidavit, and acknowledged that they executed the same for the uses and purposes therein contained and set forth. 153 (Seal) 154 My commission expires: _________________________ 155 Notary Public _________________________"; and SB 1234 6 marriage shall be submitted to the recorder of deeds. A 162 husband and wife who apply for a covenant marriage 163 conversion under this subdivision shall not be required to 164 receive premarital counseling, and the husband and wife are 165 not required to have the converted covenant marriage 166 separately solemnized. The conversion of the standard 167 marriage to covenant marriage of a previously married couple 168 shall not require the attestations by clergy or counselors. 169 Conversion to a covenant marriage shall not make valid a 170 marriage that is prohibited under this chapter or that is 171 not validly contracted in this state. 172 (b) A notarized attestation of the intent to convert a 173 standard marriage license to a covenant marriage license 174 shall be in the following form: 175 176 177 "DECLARATION OF INTENT TO CONVERT TO COVENANT MARRIAGE 178 A COVENANT MARRIAGE 179 180 181 182 183 184 185 186 187 188 189 190 We solemnly declare that we believe that marriage is a covenant between one man and one woman who agree to live together as husband and wife for as long as they both live. We understand that a covenant marriage is for life and that we understand the seriousness of Covenant Marriage, including all the legal requirements of individuals when entering into Covenant Marriage. If we experience marital difficulties, we commit ourselves to take all reasonable efforts to preserve our marriage, including marital counseling. 191 192 193 194 195 With full knowledge of what this commitment means, we do declare that our marriage will be bound by Missouri law on Covenant Marriage, and we promise to love, honor, and care for one another as husband and wife for the rest of our lives. 196 _________________________ SB 1234 7 197 Male Spouse 198 _________________________ 199 Female Spouse 200 AFFIDAVIT 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 BE IT KNOWN THAT the undersigned affiants acknowledge that they are requesting to convert their existing marriage license to a covenant marriage license. The affiants acknowledge and understand the seriousness of Covenant Marriage, including all the legal requirements of individuals when entering into Covenant Marriage; the fact that a Covenant Marriage is a commitment for life; the fact that the obligation of a Covenant Marriage is to take reasonable efforts to preserve the marriage even if marital difficulties arise, including the obligation to seek marital counseling in those difficult times of marital conflict; and the limited grounds for legally terminating a Covenant Marriage by divorce or legal separation. 217 STATE OF MISSOURI ____________) 218 COUNTY OF ____________________) 219 _________________________ 220 Male Spouse 221 _________________________ 222 Female Spouse 223 224 225 226 227 228 229 230 231 232 On this ______ day of ______ in the year ______ before me, ______ (Name of Notary) Notary Public duly commissioned and acting within and for the County and State aforesaid, personally appeared ______ (Male Spouse) and ______ (Female Spouse) known to me to be the identical persons whose names are affixed hereto, and who executed the Affidavit and acknowledged that they executed the same for the uses and purposes therein contained and set forth. 233 (Seal) SB 1234 8 4. The recorder of deeds shall document that the 236 attestations were submitted and shall file all covenant 237 marriage license documentation according to the laws of the 238 state of Missouri. If all the provisions have been met 239 under this section, the recorder of deeds shall issue to the 240 husband and wife a marriage license certificate that 241 documents the husband's and wife's covenant marriage or 242 conversion to a covenant marriage accordingly. 243 5. The state of Missouri shall publish a page on its 244 website titled "Missouri Covenant Marriage Act". The page 245 shall describe the requirements for entering into a covenant 246 marriage under this section and the grounds necessary to 247 obtain a decree of dissolution of covenant marriage or a 248 legal separation of covenant marriage under section 452.055. 249 452.055. 1. A husband and wife who entered into a 1 covenant marriage under section 451.055 may file a petition 2 for legal separation of covenant marriage at any time, but a 3 petition for dissolution of covenant marriage shall be filed 4 only after the court has ordered a legal separation. The 5 court may enter temporary orders at any time after a 6 petition for legal separation of covenant marriage or a 7 petition for dissolution of covenant marriage has been filed 8 under this section. 9 2. Regardless of whether a husband and wife have 10 entered into a standard marriage or covenant marriage, if 11 there is a court-ordered requirement that divorcing or 12 separating parents with at least one minor child are 13 required to attend a parenting education class, the parties 14 may opt for a faith-based alternative program as long as 15 234 My commission expires: _________________________ 235 Notary Public _________________________". SB 1234 9 that program informs the parties of the effects of divorce 16 on families and children. 17 3. If a husband and wife have entered into a covenant 18 marriage under section 451.055, the court shall require that 19 both parties attend at least forty hours of marital 20 counseling before a dissolution may be granted. Counseling 21 may be provided by either a faith-based organization or a 22 professional marriage counselor or agency thereof. 23 4. If a husband and wife have entered into a covenant 24 marriage under section 451.055, the court shall not enter a 25 decree of dissolution until at least two years have passed 26 after the initial filing for legal separation or 27 dissolution, and the court shall grant a dissolution for 28 divorce only after first ordering a legal separation, 29 including any temporary orders deemed necessary by the court 30 for the following situations: 31 (1) Either spouse has committed adultery; 32 (2) Either spouse has habitually abused drugs or 33 alcohol; 34 (3) Either spouse has committed a felony and has been 35 sentenced to death or imprisonment in any federal, state, 36 county, or municipal correctional facility; 37 (4) Either spouse has physically or sexually abused 38 the other spouse, a child, a relative of either spouse 39 permanently living in the matrimonial domicile, or has 40 committed domestic violence or severe emotional abuse; 41 (5) Either spouse has abandoned the matrimonial 42 domicile and has not been in contact with the other spouse 43 for at least two years and that spouse refuses to return. A 44 party may file a petition based on this ground by alleging 45 that his or her spouse has abandoned the matrimonial 46 domicile and is expected to remain absent for the required 47 SB 1234 10 period of at least two years. If his or her spouse has not 48 abandoned the matrimonial domicile for the required period 49 of two years at the time of the filing of the petition, the 50 action of a dissolution of marriage shall be stayed for the 51 period of time remaining to meet the grounds based on 52 abandonment; except that, the court may enter and enforce 53 temporary orders of a legal separation during the time that 54 the action is pending; 55 (6) The spouses have been living separate and apart 56 continuously without reconciliation for at least two years. 57 A party may file a petition based on this ground by alleging 58 that it is expected that the parties have been living 59 separate and apart for the required period of at least two 60 years. If the parties have not been separated continuously 61 for the required period of at least two years at the time of 62 the filing of the petition, the action of dissolution of 63 marriage shall be stayed until the requirement of living 64 apart and separate continuously for at least two years is 65 met; except that, the court may enter and enforce temporary 66 orders for a legal separation during the time that the 67 action is pending; or 68 (7) The husband and wife have attended at least forty 69 hours of marital counseling sessions over the course of at 70 least two years. 71 5. Dissolution under this section shall be granted 72 after all other remedies under this section have failed. 73 