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SECOND REGULAR SESSION
HOUSE BILL NO. 2548
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE BOGGS.
4183H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o 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 req uire ments of this
6 section. The ret urned marriage license shall be designated a covenant marriage license
7 and shall be record ed as pr ovided under this chapter , with an indication that the
8 marriage is a covenant marriage. The declaration shall be filed with the rec order 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 provi sion shall be consider ed equal to a standard marriage
12 license and r ecognized 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:
EXPLANA TION — 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 "DECLARA TION OF INTENT T O ENTER INT O COVENANT
19 MARRIAGE
20 A COVENANT MARRIAGE
21 W e solemnly declar e that we believe that marriage is a covenant
22 between one man and one woman who agr ee to live together as
23 husband and wife for as long as they both live. W e have chosen
24 each other caref ully and have r eceived premari tal counseling on
25 the natur e, purposes, and r esponsibilities of marriage. W e
26 understand that a Covenant Marriage is for life and that we have
27 recei ved counseling re garding the seriousness of Covenant
28 Marriage, including all the legal r equir ements of individuals
29 when entering into Covenant Marriage. If we experience marital
30 difficulties, we commit ourselves to take all reas onable efforts to
31 preserve our marriage, including marital counseling.
32 Wi th full knowledge of what this commitment means, we do
33 declar e that our marriage will be bound by Missouri law on
34 covenant marriage and we pro mise to love, honor , and car e for
35 one another as husband and wife for the res t of our lives.
36 _________________________
37 Pr ospective Male Spouse
38 _________________________
39 Pr ospective Female Spouse";
40 (2) A notarized attestation declaring the following and to be in the following
41 form:
42 "AFFIDA VIT
43 BE IT KNOWN THA T the undersigned affiants acknowledge
44 that they have r eceived at least eight hours of premari tal
45 counseling fro m a priest, minister , pastor , rabbi, any other
46 clergyperson of any relig ious sect, or a pr ofessional marriage
47 counselor . The affiants have received counseling rega rding the
48 seriousness of Covenant Marriage, including all the legal
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49 requ irem ents 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 r easonable efforts to pr eserve 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 gr ounds for legally terminating a Covenant Marriage by
56 dissolution or legal separation.
57 ST A TE OF MISSOURI ____________________)
58 COUNTY OF ____________________)
59 _________________________
60 Pr ospective Male Spouse
61 _________________________
62 Pr ospective 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 afor esaid, personally
66 appeared ______ (Pr ospective Male Spouse) and ______
67 (Pro spective Female Spouse) known to me to be the identical
68 persons whose names ar e affixed heret o, and who executed the
69 Affidavit, and acknowledged that they executed the same for the
70 uses and purposes ther ein contained and set forth.
71 (Seal)
72 My commission expir es: _________________________
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 "A TTEST A TION FOR COUNSELOR OR CLERGY
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77 As a priest, minister , pastor , rabbi, any other clergyperson of any
78 reli gious sect, or a profession al marriage counselor , I attest that
79 the pr ospective spouses seeking Covenant Marriage r eceived
80 counseling fr om either me or a member of my organization as to
81 the natur e and purpose of Covenant Marriage that included all
82 the legal r equir ements 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 r easonable
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 gr ounds for
89 legally terminating a Covenant Marriage by dissolution or legal
90 separation.
91 _________________________
92 Counselor/Clergy
93 _________________________
94 T itle (if applicable)
95 _________________________
96 Organization (if applicable)
97 AFFIDA VIT
98 BE IT KNOWN THA T the undersigned affiant acknowledges
99 that the pr ospective spouses seeking Covenant Marriage have
100 recei ved at least eight hours of premari tal counseling fr om either
101 a priest, minister , pastor , rabbi, any other clergyperson of any
102 reli gious sect, or a profession al marriage counselor . The
103 counseling included a discussion of the seriousness of Covenant
104 Marriage, including all the legal r equir ements 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
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108 Marriage is to take r easonable efforts to pr eserve 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 gr ounds for legally terminating a Covenant Marriage
112 by dissolution or legal separation.
113 ST A TE 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 afor esaid, 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 heret o, and who executed the Affidavit, and
123 acknowledged that they executed the same for the uses and
124 purposes ther ein contained and set forth.
125 (Seal)
126 My commission expir es: _________________________
127 Notary Public _________________________"; and
128 (4) (a) If a husband and wife have pr eviously 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 prov ided 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 reco rder of deeds. A husband and wife who apply for a covenant
133 marriage conversion under this subdivision shall not be requi red to receive pr emarital
134 counseling, and the husband and wife are not req uire d to have the converted covenant
135 marriage separately solemnized. The conversion of the standard marriage to covenant
136 marriage of a pr eviously married couple shall not requ ire the attestations by clergy or
137 counselors. Conversion to a covenant marriage shall not make valid a marriage that is
138 pr ohibited under this chapter or that is not validly contracted in this state.
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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 "DECLARA TION OF INTENT T O CONVER T T O
142 COVENANT MARRIAGE
143 A COVENANT MARRIAGE
144 W e solemnly declar e that we believe that marriage is a covenant
145 between one man and one woman who agr ee to live together as
146 husband and wife for as long as they both live. W e understand
147 that a covenant marriage is for life and that we understand the
148 seriousness of Covenant Marriage, including all the legal
149 requ irem ents of individuals when entering into Covenant
150 Marriage. If we experience marital difficulties, we commit
151 ourselves to take all r easonable efforts to preserve our marriage,
152 including marital counseling.
153 Wi th full knowledge of what this commitment means, we do
154 declar e that our marriage will be bound by Missouri law on
155 Covenant Marriage, and we pr omise to love, honor , and car e for
156 one another as husband and wife for the res t of our lives.
157 _________________________
158 Male Spouse
159 _________________________
160 Female Spouse
161 AFFIDA VIT
162 BE IT KNOWN THA T the undersigned affiants acknowledge
163 that they are requ esting 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 r equir ements 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 r easonable efforts to pr eserve the marriage
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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 gr ounds for legally terminating a Covenant Marriage
173 by divor ce or legal separation.
174 ST A TE 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 afor esaid, personally
183 appeared ______ (Male Spouse) and ______ (Female Spouse)
184 known to me to be the identical persons whose names are affixed
185 here to, and who executed the Affidavit and acknowledged that
186 they executed the same for the uses and purposes ther ein
187 contained and set forth.
188 (Seal)
189 My commission expir es: _________________________
190 Notary Public _________________________".
191 4. The r ecorder of deeds shall document that the attestations wer e submitted and
192 shall file all covenant marriage license documentation according to the laws of the state
193 of Missouri. If all the pr ovisions have been met under this section, the reco rder 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 r equir ements for entering into a
199 covenant marriage under this section and the groun ds necessary to obtain a decr ee of
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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 enter ed 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 order ed 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 enter ed into a standard
8 marriage or covenant marriage, if ther e is a court-ordered r equir ement that divor cing
9 or separating par ents with at least one minor child are r equir ed to attend a par enting
10 education class, the parties may opt for a faith-based alternative pr ogram as long as that
11 pr ogram informs the parties of the effects of divor ce on families and children.
12 3. If a husband and wife have enter ed into a covenant marriage under section
13 451.055, the court shall req uire that both parties attend at least forty hours of marital
14 counseling befor e a dissolution may be granted. Counseling may be pro vided by either a
15 faith-based organization or a profes sional marriage counselor or agency ther eof.
16 4. If a husband and wife have enter ed into a covenant marriage under section
17 451.055, the court shall not enter a decr ee 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 divor ce 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 correct ional facility;
25 (4) Either spouse has physically or sexually abused the other spouse, a child, a
26 r elative of either spouse permanently living in the matrimonial domicile, or has
27 committed domestic violence or sever e 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 r efuses to ret urn. A
30 party may file a petition based on this gro und by alleging that his or her spouse has
31 abandoned the matrimonial domicile and is expected to r emain absent for the r equir ed
32 period of at least two years. If his or her spouse has not abandoned the matrimonial
33 domicile for the requi red 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 r emaining to
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35 meet the grou nds 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 r econciliation for at least two years. A party may file a petition based on this gro und by
39 alleging that it is expected that the parties have been living separate and apart for the
40 r equir ed period of at least two years. If the parties have not been separated
41 continuously for the requ ired 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 r equir ement 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 rem edies under
49 this section have failed.
✔
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