Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 SENATE BILL 527
4
5 By: Senator K. Hammer
6 By: Representative C. Cooper
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE COVENANT MARRIAGE ACT OF 2001; TO
10 REQUIRE CLERKS TO PROVIDE ADDITIONAL INFORMATION
11 REGARDING COVENANT MARRIAGES TO A MARRIAGE LICENSE
12 APPLICANT; TO IMPOSE ADDITIONAL REQUIREMENTS FOR
13 ENTERING INTO AND DISSOLVING A COVENANT MARRIAGE; AND
14 FOR OTHER PURPOSES.
15
16
17 Subtitle
18 TO IMPOSE ADDITIONAL REQUIREMENTS FOR
19 ENTERING INTO AND DISSOLVING A COVENANT
20 MARRIAGE.
21
22
23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
24
25 SECTION 1. Arkansas Code § 9-11-203, concerning the issuance of
26 marriage licenses, is amended to add an additional subsection to read as
27 follows:
28 (e) A clerk who is required to furnish a marriage license under this
29 section shall provide:
30 (1) A current copy of the Covenant Marriage Act of 2001, § 9-11-
31 801 et seq., to a person who inquires about a covenant marriage license; and
32 (2) Information about a covenant marriage on the clerk's
33 website, if the clerk has a website.
34
35 SECTION 2. Arkansas Code § 9-11-802 is amended to read as follows:
36 9-11-802. Definitions.
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1 As used in this subchapter:
2 (1) “Authorized counseling counselor” means a person providing
3 premarital or marital counseling provided by who is one (1) of the following:
4 (A) A priest;
5 (B) A minister;
6 (C) A rabbi;
7 (D) A clerk of the Religious Society of Friends;
8 (E) Any clergy member of any religious sect or a
9 designated representative;
10 (F) A marriage educator approved by the person who will
11 perform the marriage ceremony; or
12 (G) As defined by in § 17-27-102:
13 (i) A licensed professional counselor;
14 (ii) A licensed associate counselor;
15 (iii) A licensed marriage and family therapist;
16 (iv) A licensed clinical psychologist; or
17 (v) A licensed associate marriage and family
18 therapist; and or
19 (H) A certified biblical counselor;
20 (2) "Certified biblical counselor" means a person who:
21 (A) Is certified by a biblical counseling association that
22 provides accreditation or certification services; and
23 (B) Uses only biblical scripture to provide counseling to
24 individuals or couples;
25 (3) “Judicial separation” means a judicial proceeding pursuant
26 to under § 9-11-809 that results in a court determination that the parties to
27 a covenant marriage live separate and apart.;
28 (4) "Marital counseling" means counseling provided by an
29 authorized counselor to a couple in a covenant marriage that serves to
30 describe, evaluate, and modify the couple's intrapersonal and interpersonal
31 behavior within the context of the couple's covenant marriage; and
32 (5) "Premarital counseling" means counseling provided by an
33 authorized counselor to a couple before a couple enters into a covenant
34 marriage that serves to develop an understanding of the nature, purposes, and
35 responsibilities associated with a covenant marriage.
36
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1 SECTION 3. Arkansas Code § 9-11-803(a), concerning the description of
2 a covenant marriage, is amended to read as follows:
3 (a)(1) A covenant marriage is a marriage entered into by one (1) male
4 and one (1) female who understand and agree that the marriage between them is
5 a lifelong relationship.
6 (2) Parties to a covenant marriage will have received authorized
7 counseling emphasizing the nature, purposes, and responsibilities of marriage
8 premarital counseling as described under § 9-11-812 before entering into the
9 covenant marriage.
10 (3)(A) Only when there has been a complete and total breach of
11 the marital covenant commitment may a party seek a declaration that the
12 marriage is no longer legally recognized.
13 (B) If a party to a covenant marriage seeks a divorce or a
14 judicial separation, the party shall attach to his or her initial pleading an
15 attestation signed by the authorized counselor who provided premarital
16 counseling or the authorized counselor who provided marital counseling, or
17 both, that:
18 (i) The parties completed the number of premarital
19 counseling and marital counseling sessions required under § 9-11-812; and
20 (ii) The authorized counselor who provided
21 premarital counseling discussed the topics required under § 9-11-812 with the
22 parties in their premarital counseling sessions.
23
24 SECTION 4. Arkansas Code § 9-11-804 is amended to read as follows:
25 9-11-804. Content of declaration of intent.
26 (a) A declaration of intent to contract a covenant marriage shall
27 contain all of the following:
28 (1) A recitation signed by both parties to the following effect:
29 “A COVENANT MARRIAGE
30 We do solemnly declare that marriage is a covenant between a man
31 and a woman who agree to live together as husband and wife for so long as
32 they both may live. We have chosen each other carefully and disclosed to one
33 another everything which could adversely affect the decision to enter into
34 this marriage. We have received authorized counseling premarital counseling
35 on the nature, purposes, and responsibilities of marriage. We have read the
36 Covenant Marriage Act of 2001, and we understand that a covenant marriage is
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1 for life. If we experience marital difficulties, we commit ourselves to take
2 all reasonable efforts to preserve our marriage, including marital
3 counseling.
4 With full knowledge of what this commitment means, we do hereby
5 declare that our marriage will be bound by Arkansas law on covenant
6 marriages, and we promise to love, honor, and care for one another as husband
7 and wife for the rest of our lives.”;
8 (2) An affidavit by the parties that they have received
9 authorized premarital counseling that shall include a discussion of the
10 seriousness of covenant marriage, communication of the fact that a covenant
11 marriage is a commitment for life, a discussion of the obligation to seek
12 marital counseling in times of marital difficulties, and a discussion of the
13 exclusive grounds for legally terminating a covenant marriage by divorce;
14 (3) An attestation, signed by the authorized counselor and
15 attached to or included in the parties' affidavit, confirming that the
16 parties received authorized premarital counseling as to the nature and
17 purpose of the marriage and the grounds for termination of the marriage and
18 an acknowledgment that the authorized counselor:
19 (A) Provided to the parties the informational pamphlet
20 developed and promulgated by the Administrative Office of the Courts under
21 this subchapter that provides a full explanation of the terms and conditions
22 of a covenant marriage;
23 (B) Provided a minimum of four (4) premarital counseling
24 sessions to the couple; and
25 (C) Discussed the topics required under § 9-11-812 with
26 the parties in their premarital counseling sessions; and
27 (4)(A) The signature of both parties witnessed by a notary.
28 (B) If one (1) of the parties is a minor, or both are
29 minors, the written consent or authorization of those persons required under
30 this chapter to consent to or authorize the marriage of minors.
31 (b) The declaration shall consist of two (2) separate documents:
32 (1) The recitation as set out in subdivision (a)(1) of this
33 section; and
34 (2) The affidavit with the attestation either included within or
35 attached to the document.
36 (c) The recitation, affidavit, and attestation shall be filed as
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1 provided in § 9-11-803(b).
2 (d) A clerk required to issue a marriage license under § 9-11-203
3 shall:
4 (1) Ask an applicant for a covenant marriage license for a copy
5 of the attestation described in subdivision (a)(3) of this section; and
6 (2) Keep a copy of the attestation described in subdivision
7 (a)(3) of this section that is provided by the applicant.
8
9 SECTION 5. Arkansas Code § 9-11-808 is amended to read as follows:
10 9-11-808. Divorce or separation.
11 (a) Notwithstanding any other law to the contrary and subsequent to
12 the parties' obtaining authorized marital counseling, a spouse to a covenant
13 marriage may obtain a judgment of divorce only upon proof of any of the
14 following:
15 (1) The other spouse has committed adultery;
16 (2) The other spouse has committed a felony or other infamous
17 crime;
18 (3) The other spouse has physically or sexually abused the
19 spouse seeking the divorce or a child of one (1) of the spouses;
20 (4) The spouses have been living separate and apart continuously
21 without reconciliation for a period of two (2) years; or
22 (5)(A) The spouses have been living separate and apart
23 continuously without reconciliation for a period of two (2) years from the
24 date the judgment of judicial separation was signed.
25 (B)(i) If there is a minor child or children of the
26 marriage, the spouses have been living separate and apart continuously
27 without reconciliation for a period of two (2) years and six (6) months from
28 the date the judgment of judicial separation was signed.
29 (ii) However, if abuse of a child of the marriage or
30 a child of one (1) of the spouses is the basis for which the judgment of
31 judicial separation was obtained, then a judgment of divorce may be obtained
32 if the spouses have been living separate and apart continuously without
33 reconciliation for a period of one (1) year from the date the judgment of
34 judicial separation was signed.
35 (b) Notwithstanding any other law to the contrary and subsequent to
36 the parties' obtaining authorized marital counseling, a spouse to a covenant
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1 marriage may obtain a judgment of judicial separation only upon proof of any
2 of the following:
3 (1) The other spouse has committed adultery;
4 (2) The other spouse has committed a felony and has been
5 sentenced to death or imprisonment;
6 (3) The other spouse has physically or sexually abused the
7 spouse seeking the legal separation or divorce or a child of one (1) of the
8 spouses;
9 (4) The spouses have been living separate and apart continuously
10 without reconciliation for a period of two (2) years; or
11 (5) The other spouse shall:
12 (A) Be Is addicted to habitual drunkenness or habitual
13 substance abuse for at least one (1) year;
14 (B) Be Is guilty of such cruel and barbarous treatment as
15 to endanger the life of the other; or
16 (C) Offer Offers such indignities to the person of the
17 other as shall sufficient to render his or her condition intolerable.
18
19 SECTION 6. Arkansas Code § 9-11-811(b), concerning informational
20 pamphlets to be provided in accordance with the Covenant Marriage Act of
21 2001, is amended to read as follows:
22 (b) The informational pamphlet shall be made available to any
23 authorized counselor who provides authorized premarital or marital counseling
24 as provided for by this subchapter.
25
26 SECTION 7. Arkansas Code Title 9, Chapter 11, Subchapter 8, is amended
27 to add an additional section to read as follows:
28 9-11-812. Premarital counseling and marital counseling —
29 Requirements.
30 (a) Premarital counseling shall:
31 (1) Be provided for a minimum of four (4) sessions; and
32 (2) Involve discussion between the authorized counselor and the
33 couple of topics related to covenant marriage, including without limitation:
34 (A) The description of covenant marriage as described in §
35 9-11-803;
36 (B) The significance of commitment to a covenant marriage;
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1 (C) Each spouse's role in the covenant marriage; and
2 (D) The effects of a covenant marriage on the couple's
3 children and families, including its effects on future children if the couple
4 decides to conceive or adopt children together.
5 (b) If marital problems arise during a covenant marriage, the parties
6 to the covenant marriage shall seek marital counseling to attempt to resolve
7 the problems before seeking a divorce or a judicial separation.
8 (c) Marital counseling shall:
9 (1) Be provided for a minimum of four (4) sessions; and
10 (2) Serve to describe, evaluate, and modify the couple's
11 intrapersonal and interpersonal behavior within the context of the couple's
12 covenant marriage.
13 (d) If a party to a covenant marriage seeks a divorce or a judicial
14 separation, the party shall attach to his or her initial pleading an
15 attestation signed by the authorized counselor who provided premarital
16 counseling or the authorized counselor who provided marital counseling, or
17 both, that:
18 (1) The parties completed the number of premarital counseling
19 and marital counseling sessions required under this section; and
20 (2) The authorized counselor who provided premarital counseling
21 discussed the topics required under this section with the parties in their
22 premarital counseling sessions.
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Statutes affected: SB 527: 9-11-203, 9-11-802, 17-27-102, 9-11-809, 9-11-803(a), 9-11-804, 9-11-812, 9-11-803(b), 9-11-808, 9-11-811(b)