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Arkansas Senate Bill SB527

Arkansas 2023 Regular Session

Arkansas Senate Bill SB527 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
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44 State of Arkansas 1
55 94th General Assembly A Bill 2
66 Regular Session, 2023 SENATE BILL 527 3
77 4
88 By: Senator K. Hammer 5
99 By: Representative C. Cooper 6
1010 7
1111 For An Act To Be Entitled 8
1212 AN ACT TO AMEND THE COVENANT MARRIAGE AC T OF 2001; TO 9
1313 REQUIRE CLERKS TO PR OVIDE ADDITIONAL INF ORMATION 10
1414 REGARDING COVENANT M ARRIAGES TO A MARRIA GE LICENSE 11
1515 APPLICANT; TO IMPOSE ADDITIONAL REQUIREME NTS FOR 12
1616 ENTERING INTO AND DI SSOLVING A COVENANT MARRIAGE; AND 13
1717 FOR OTHER PURPOSES. 14
1818 15
1919 16
2020 Subtitle 17
2121 TO IMPOSE ADDITIONAL REQUIREMENTS FOR 18
2222 ENTERING INTO AND DISSOLVING A COVENANT 19
2323 MARRIAGE. 20
2424 21
2525 22
2626 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
2727 24
2828 SECTION 1. Arkansas Code § 9 -11-203, concerning the issuance of 25
2929 marriage licenses, is amended to add an additional subsection to read as 26
3030 follows: 27
3131 (e) A clerk who is required to furnish a marriage license under this 28
3232 section shall provide: 29
3333 (1) A current copy of the Covenant Marriage Act of 2001, § 9-11-30
3434 801 et seq., to a person who inquires about a covenant marriage license; and 31
3535 (2) Information about a covenant marriage on the clerk's 32
3636 website, if the clerk has a website. 33
3737 34
3838 SECTION 2. Arkansas Code § 9 -11-802 is amended to read as follows: 35
3939 9-11-802. Definitions. 36 SB527
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4444 As used in this subchapter: 1
4545 (1) “Authorized counseling counselor” means a person providing 2
4646 premarital or marital counseling provided by who is one (1) of the following: 3
4747 (A) A priest; 4
4848 (B) A minister; 5
4949 (C) A rabbi; 6
5050 (D) A clerk of the Religious Society of Friends; 7
5151 (E) Any clergy member of any religious sect or a 8
5252 designated representative; 9
5353 (F) A marriage educator approved by the person who will 10
5454 perform the marriage ceremony; or 11
5555 (G) As defined by in § 17-27-102: 12
5656 (i) A licensed professional counselor; 13
5757 (ii) A licensed associate counselor; 14
5858 (iii) A licensed marriage and family therapist; 15
5959 (iv) A licensed clinical psychologist; or 16
6060 (v) A licensed associate marriage and family 17
6161 therapist; and or 18
6262 (H) A certified biblical counselor; 19
6363 (2) "Certified biblical counselor" means a person who: 20
6464 (A) Is certified by a biblical counseling association that 21
6565 provides accreditation or certification services; and 22
6666 (B) Uses only biblical scripture to provide counseling to 23
6767 individuals or couples; 24
6868 (3) “Judicial separation” means a judicial proceeding pursuant 25
6969 to under § 9-11-809 that results in a court determination that the parties to 26
7070 a covenant marriage live separate and apart.; 27
7171 (4) "Marital counseling" means counseling provided by an 28
7272 authorized counselor to a couple in a covenant marriage that serves to 29
7373 describe, evaluate, and modify the couple's intrapersonal and interpersonal 30
7474 behavior within the context of the couple's covenant marriage; and 31
7575 (5) "Premarital counseling" means counseling provided by an 32
7676 authorized counselor to a couple before a couple enters into a covenant 33
7777 marriage that serves to develop an understanding of the nature, purposes, and 34
7878 responsibilities associated with a covenant marriage. 35
7979 36 SB527
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8383
8484 SECTION 3. Arkansas Code § 9 -11-803(a), concerning the description of 1
8585 a covenant marriage, is amended to read as follows: 2
8686 (a)(1) A covenant marriage is a marriage entered into by one (1) male 3
8787 and one (1) female who understand and agree that the marriage between them is 4
8888 a lifelong relationship. 5
8989 (2) Parties to a covenant marriage will have received authorized 6
9090 counseling emphasizing the nature, purposes, and responsibilities of marriage 7
9191 premarital counseling as described under § 9-11-812 before entering into the 8
9292 covenant marriage. 9
9393 (3)(A) Only when there has been a complete and total breach of 10
9494 the marital covenant commitment may a party seek a declaration that the 11
9595 marriage is no longer legally recognized. 12
9696 (B) If a party to a covenant marriage seeks a divorce or a 13
9797 judicial separation, the party shall attach to his or her initial pleading an 14
9898 attestation signed by the authorized counselor who provided premarital 15
9999 counseling or the authorized counselor who provided marital counseling, or 16
100100 both, that: 17
101101 (i) The parties completed the number of premarital 18
102102 counseling and marital counseling sessions required under § 9-11-812; and 19
103103 (ii) The authorized counselor who provided 20
104104 premarital counseling discussed the topics required under § 9-11-812 with the 21
105105 parties in their premarital counseling sessions. 22
106106 23
107107 SECTION 4. Arkansas Code § 9 -11-804 is amended to read as follows: 24
108108 9-11-804. Content of declaration of intent. 25
109109 (a) A declaration of intent to contract a covenant marriage shall 26
110110 contain all of the following: 27
111111 (1) A recitation signed by both parties to the following effect: 28
112112 “A COVENANT MARRIAGE 29
113113 We do solemnly declare that marriage is a covenant between a man 30
114114 and a woman who agree to live together as husband and wife for so long as 31
115115 they both may live. We have chosen each other carefully and disclosed to one 32
116116 another everything which could adversely affect the decision to enter into 33
117117 this marriage. We have received authorized counseling premarital counseling 34
118118 on the nature, purposes, and responsibilities of marriage. We have read the 35
119119 Covenant Marriage Act of 2001, and we understand that a covenant marriage is 36 SB527
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123123
124124 for life. If we experience marital difficulties, we commit ourselves to take 1
125125 all reasonable efforts to preserve our marriage, including marital 2
126126 counseling. 3
127127 With full knowledge of what this commitment means, we do hereby 4
128128 declare that our marriage will be bound by Arkansas law on covenant 5
129129 marriages, and we promise to love, honor, and care for one another as husband 6
130130 and wife for the rest of our lives.”; 7
131131 (2) An affidavit by the parties that they have received 8
132132 authorized premarital counseling that shall include a discussion of the 9
133133 seriousness of covenant marriage, communication of the fact that a covenant 10
134134 marriage is a commitment for life, a discussion of the obligation to seek 11
135135 marital counseling in times of marital difficulties, and a discussion of the 12
136136 exclusive grounds for legally terminating a covenant marriage by divorce; 13
137137 (3) An attestation, signed by the authorized counselor and 14
138138 attached to or included in the parties' affidavit, confirming that the 15
139139 parties received authorized premarital counseling as to the nature and 16
140140 purpose of the marriage and the grounds for termination of the marriage and 17
141141 an acknowledgment that the authorized counselor: 18
142142 (A) Provided to the parties the informational pamphlet 19
143143 developed and promulgated by the Administrative Office of the Courts under 20
144144 this subchapter that provides a full explanation of the terms and conditions 21
145145 of a covenant marriage; 22
146146 (B) Provided a minimum of four (4) premarital counseling 23
147147 sessions to the couple; and 24
148148 (C) Discussed the topics required under § 9-11-812 with 25
149149 the parties in their premarital counseling sessions; and 26
150150 (4)(A) The signature of both parties witnessed by a notary. 27
151151 (B) If one (1) of the parties is a minor, or both are 28
152152 minors, the written consent or authorization of those persons required under 29
153153 this chapter to consent to or authorize the marriage of minors. 30
154154 (b) The declaration shall consist of two (2) separate documents: 31
155155 (1) The recitation as set out in subdivision (a)(1) of this 32
156156 section; and 33
157157 (2) The affidavit with the attestation either included within or 34
158158 attached to the document. 35
159159 (c) The recitation, affidavit, and attestation shall be filed as 36 SB527
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164164 provided in § 9-11-803(b). 1
165165 (d) A clerk required to issue a marriage license under § 9-11-203 2
166166 shall: 3
167167 (1) Ask an applicant for a covenant marriage license for a copy 4
168168 of the attestation described in subdivision (a)(3) of this section; and 5
169169 (2) Keep a copy of the attestation described in subdivision 6
170170 (a)(3) of this section that is provided by the applicant. 7
171171 8
172172 SECTION 5. Arkansas Code § 9 -11-808 is amended to read as follows: 9
173173 9-11-808. Divorce or separation. 10
174174 (a) Notwithstanding any other law to the contrary and subsequent to 11
175175 the parties' obtaining authorized marital counseling, a spouse to a covenant 12
176176 marriage may obtain a judgment of divorce only upon proof of any of the 13
177177 following: 14
178178 (1) The other spouse has committed adultery; 15
179179 (2) The other spouse has committed a felony or other infamous 16
180180 crime; 17
181181 (3) The other spouse has physically or sexually abused the 18
182182 spouse seeking the divorce or a child of one (1) of the spouses; 19
183183 (4) The spouses have been living separate and apart continuously 20
184184 without reconciliation for a period of two (2) years; or 21
185185 (5)(A) The spouses have been living separate and apart 22
186186 continuously without reconciliation for a period of two (2) years from the 23
187187 date the judgment of judicial separation was signed. 24
188188 (B)(i) If there is a minor child or children of the 25
189189 marriage, the spouses have been living separate and apart continuously 26
190190 without reconciliation for a period of two (2) years and six (6) months from 27
191191 the date the judgment of judicial separation was signed. 28
192192 (ii) However, if abuse of a child of the marriage or 29
193193 a child of one (1) of the spouses is the basis for which the judgment of 30
194194 judicial separation was obtained, then a judgment of divorce may be obtained 31
195195 if the spouses have been living separate and apart continuously without 32
196196 reconciliation for a period of one (1) year from the date the judgment of 33
197197 judicial separation was signed. 34
198198 (b) Notwithstanding any other law to the contrary and subsequent to 35
199199 the parties' obtaining authorized marital counseling, a spouse to a covenant 36 SB527
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203203
204204 marriage may obtain a judgment of judicial separation only upon proof of any 1
205205 of the following: 2
206206 (1) The other spouse has committed adultery; 3
207207 (2) The other spouse has committed a felony and has been 4
208208 sentenced to death or imprisonment; 5
209209 (3) The other spouse has physically or sexually abused the 6
210210 spouse seeking the legal separation or divorce or a child of one (1) of the 7
211211 spouses; 8
212212 (4) The spouses have been living separate and apart continuously 9
213213 without reconciliation for a period of two (2) years; or 10
214214 (5) The other spouse shall: 11
215215 (A) Be Is addicted to habitual drunkenness or habitual 12
216216 substance abuse for at least one (1) year; 13
217217 (B) Be Is guilty of such cruel and barbarous treatment as 14
218218 to endanger the life of the other; or 15
219219 (C) Offer Offers such indignities to the person of the 16
220220 other as shall sufficient to render his or her condition intolerable. 17
221221 18
222222 SECTION 6. Arkansas Code § 9-11-811(b), concerning informational 19
223223 pamphlets to be provided in accordance with the Covenant Marriage Act of 20
224224 2001, is amended to read as follows: 21
225225 (b) The informational pamphlet shall be made available to any 22
226226 authorized counselor who provides authorized premarital or marital counseling 23
227227 as provided for by this subchapter. 24
228228 25
229229 SECTION 7. Arkansas Code Title 9, Chapter 11, Subchapter 8, is amended 26
230230 to add an additional section to read as follows: 27
231231 9-11-812. Premarital counseling and marital counseling — 28
232232 Requirements. 29
233233 (a) Premarital counseling shall: 30
234234 (1) Be provided for a minimum of four (4) sessions; and 31
235235 (2) Involve discussion between the authorized counselor and the 32
236236 couple of topics related to covenant marriage, including without limitation: 33
237237 (A) The description of covenant marriage as described in § 34
238238 9-11-803; 35
239239 (B) The significance of commitment to a covenant marriage; 36 SB527
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244244 (C) Each spouse's role in the covenant marriage; and 1
245245 (D) The effects of a covenant marriage on the couple's 2
246246 children and families, including its effects on future children if the couple 3
247247 decides to conceive or adopt children together. 4
248248 (b) If marital problems arise during a covenant marriage, the parties 5
249249 to the covenant marriage shall seek marital counseling to attempt to resolve 6
250250 the problems before seeking a divorce or a judicial separation. 7
251251 (c) Marital counseling shall: 8
252252 (1) Be provided for a minimum of four (4) sessions; and 9
253253 (2) Serve to describe, evaluate, and modify the couple's 10
254254 intrapersonal and interpersonal behavior within the context of the couple's 11
255255 covenant marriage. 12
256256 (d) If a party to a covenant marriage seeks a divorce or a judicial 13
257257 separation, the party shall attach to his or her initial pleading an 14
258258 attestation signed by the authorized counselor who provided premarital 15
259259 counseling or the authorized counselor who provided marital counseling, or 16
260260 both, that: 17
261261 (1) The parties completed the number of premarital counseling 18
262262 and marital counseling sessions required under this section; and 19
263263 (2) The authorized counselor who provided premarital counseling 20
264264 discussed the topics required under this section with the parties in their 21
265265 premarital counseling sessions. 22
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