Alabama 2025 Regular Session

Alabama Senate Bill SB33 Compare Versions

Only one version of the bill is available at this time.

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1	1	SB33INTRODUCED
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3	3	SB33
4	4	PU25GRE-1
5	5	By Senator Smitherman
6	6	RFD: Judiciary
7	7	First Read: 04-Feb-25
8	8	PFD: 31-Dec-24
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14	14	6 PU25GRE-1 11/13/2024 GP (L)lg 2024-2756
15	15	Page 1
16	16	PFD: 31-Dec-24
17	17	SYNOPSIS:
18	18	Under existing law, the only requirements to
19	19	enter into a marriage are to complete a marriage
20	20	document and pay a recording fee.
21	21	This bill would require couples seeking to enter
22	22	into a marriage to complete a premarital conflict
23	23	resolution class before the marriage may be recorded.
24	24	This bill would also require the Administrative
25	25	Office of Courts to determine minimum requirements for
26	26	an acceptable premarital conflict resolution class and
27	27	to create a form to verify class attendance.
28	28	A BILL
29	29	TO BE ENTITLED
30	30	AN ACT
31	31	Relating to marriage; to amend Section 30-1-9.1, Code
32	32	of Alabama 1975; to add Section 30-1-9.2 to the Code of
33	33	Alabama 1975; to provide legislative findings; to require
34	34	couples seeking to enter into a marriage to complete a
35	35	premarital conflict resolution class before the marriage may
36	36	be recorded; and to provide for the duties of the
37	37	Administrative Office of Courts relating to the premarital
38	38	conflict resolution class.
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66	66	28 SB33 INTRODUCED
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68	68	conflict resolution class.
69	69	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
70	70	Section 1. The Legislature finds and declares the
71	71	following:
72	72	(1) About one in four women and one in seven men have
73	73	experienced physical violence by their intimate partner at
74	74	some point in their lifetimes, according to the Centers for
75	75	Disease Control and Prevention;
76	76	(2) Annually, domestic violence is responsible for over
77	77	1,500 deaths in the United States;
78	78	(3) According to the American Association for Marriage
79	79	and Family Therapy, in almost 20 percent of all marriages and
80	80	intimate partnerships, couples slap, shove, hit, or otherwise
81	81	assault each other. Emotional abuse, such as verbal threats,
82	82	degrading remarks, and controlling behavior, is even more
83	83	common; and
84	84	(4) Over 15 million children in the United States live
85	85	in households where intimate partner violence has occurred at
86	86	least once in the last year.
87	87	Section 2. Section 30-1-9.1, Code of Alabama 1975, is
88	88	amended to read as follows:
89	89	"§30-1-9.1
90	90	(a) On August 29, 2019, and thereafter, the only
91	91	requirement for a marriage in this state shall be is for
92	92	parties who are otherwise legally authorized to be married to
93	93	enter into a marriage as provided in this section. However,
94	94	the judge of probate shall continue to collect the recording
95	95	fee provided for in subdivision (32) of subsection (b) of
96	96	Section 12-19-90 (b)(32) for each marriage recorded with the
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126	126	Section 12-19-90 (b)(32) for each marriage recorded with the
127	127	judge of probate. Furthermore, at the time the marriage is
128	128	recorded, the judge of probate shall also collect the fee
129	129	provided for in Section 30-6-11, to be distributed as provided
130	130	in that section.
131	131	(b) The marriage document required to be executed by
132	132	the parties shall contain information to identify the parties
133	133	as set forth in Section 22-9A-6, as well as the following
134	134	minimum information:
135	135	(1) The full legal names of both of the parties.
136	136	(2) A notarized affidavit from each party declaring all
137	137	of the following:
138	138	a. The affiant is not currently married.
139	139	b.1. The affiant is at least 18 years of age; or
140	140	2. The affiant is at least 16 and under 18 years of age
141	141	and has the consent of a parent or guardian.
142	142	c. The affiant is legally competent to enter into a
143	143	marriage.
144	144	d. The parties are not related by blood or adoption
145	145	such that the marriage would violate Section 13A-13-3.
146	146	e. The affiant is entering into the marriage
147	147	voluntarily and of his or her own free will and not under
148	148	duress or undue influence.
149	149	f. On January 1, 2026, and thereafter, verification
150	150	that the parties have completed the premarital conflict
151	151	resolution class as provided in Section 30-1-9.2.
152	152	(3) The signatures of the parties.
153	153	(c) A marriage conforming to the requirements of this
154	154	section shall be valid on the date the marriage is executed by
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184	184	section shall be valid on the date the marriage is executed by
185	185	both parties, provided the affidavits, forms, and data are
186	186	recorded in the office of the judge of probate within 30 days
187	187	of the date of the last party's signature in accordance with
188	188	Section 22-9A-17.
189	189	(d) A civil and independent or religious ceremony of
190	190	marriage, celebration of marriage, solemnization of marriage,
191	191	or any other officiation, or administration of the vows of
192	192	marriage may be conducted or engaged in by the parties by an
193	193	officiant or other presiding person to be selected by the
194	194	persons entering into the marriage. The state shall have has
195	195	no requirement for any ceremony or proceeding and whether or
196	196	not a ceremony or proceeding is performed or not performed
197	197	shall have has no legal effect on the validity of the
198	198	marriage.
199	199	(e) The affidavits, forms, and data shall be filed in
200	200	the office of the judge of probate and shall constitute a
201	201	legal record of the marriage of the parties. The office of the
202	202	judge of probate shall transmit a A copy of the form provided
203	203	by the Office of Vital Statistics shall be transmitted by the
204	204	office of the judge of probate to the Office of Vital
205	205	Statistics and made a part of its record.
206	206	(f) This section shall not affect any other legal
207	207	aspects of marriage in this state, including, but not limited
208	208	to, divorce, spousal support, child custody, or child support.
209	209	(g) All requirements to obtain a marriage license by
210	210	the State of Alabama are abolished and repealed. The
211	211	requirement of a ceremony of marriage to solemnize the
212	212	marriage is abolished.
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242	242	marriage is abolished.
243	243	(h) The Alabama Law Institute, a division of the
244	244	Legislative Services Agency, in collaboration with the
245	245	Department of Public Health, shall prepare a form to meet the
246	246	minimum requirements of Act 2019-340."
247	247	Section 3. Section 30-1-9.2 is added to the Code of
248	248	Alabama 1975, to read as follows:
249	249	§30-1-9.2
250	250	(a) On January 1, 2026, and thereafter, in order to
251	251	enter into a marriage, both parties to the marriage shall
252	252	jointly attend at least one premarital conflict resolution
253	253	class.
254	254	(b) The Administrative Office of Courts:
255	255	(1) Shall determine what, if any, minimum requirements
256	256	a premarital conflict resolution class must meet in order to
257	257	satisfy this section;
258	258	(2) Shall develop a verification form, to be submitted
259	259	with the affidavit required by Section 30-1-9.1, documenting
260	260	the parties' attendance of the premarital conflict resolution
261	261	class; and
262	262	(3) May develop and publish a list of acceptable
263	263	premarital conflict resolution classes for parties seeking to
264	264	enter into a marriage.
265	265	(c) Before a marriage may be recorded, the judge of
266	266	probate shall verify that both parties to the marriage jointly
267	267	attended at least one conflict resolution class that meets the
268	268	requirements set by the Administrative Office of Courts.
269	269	Section 4. This act shall become effective on October
270	270	1, 2025.
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