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SECOND REGULAR SESSION
SENATE BILL NO. 1333
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MOON.
5670S.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
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agencies, with all the benefits and rights of a standard 17
marriage license. 18
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
24 "DECLARATION OF INTENT TO ENTER INTO COVENANT MARRIAGE
25 A COVENANT MARRIAGE
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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.
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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.
44 _________________________
45 Prospective Male Spouse
46 _________________________
47 Prospective Female Spouse";
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(2) A notarized attestation declaring the following 48
and to be in the following form: 49
50 "AFFIDAVIT
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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 clergy 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.
67 STATE OF MISSOURI ____________)
68 COUNTY OF ____________________)
69 _________________________
70 Prospective Male Spouse
71 _________________________
72 Prospective Female Spouse
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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
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(3) A notarized attestation that is signed by the 85
clergy or counselor and to be in the following form: 86
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acknowledged that they executed the same for the uses
and purposes therein contained and set forth.
82 (Seal)
83 My commission expires: _________________________
84 Notary Public _________________________";
87 "ATTESTATION FOR COUNSELOR OR CLERGY
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As a priest, minister, pastor, rabbi, any other clergy 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.
104 _________________________
105 Counselor/Clergy
106 _________________________
107 Title (if applicable)
108 _________________________
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109 Organization (if applicable)
110 AFFIDAVIT
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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 clergy of any religious sect, or a professional
marriage counselor. The counseling 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.
128 STATE OF MISSOURI ____________)
129 COUNTY OF ____________________)
130 _________________________
131 Counselor/Clergy
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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.
141 (Seal)
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(4) (a) If a husband and wife have previously 144
obtained a standard marriage license but would like to 145
convert the standard marriage license to a covenant marriage 146
license, a notarized attestation, to be in a form as 147
provided under paragraph (b) of this subdivision, of the 148
husband's and wife's intent to convert to a covenant 149
marriage shall be submitted to the recorder of deeds. A 150
husband and wife who apply for a covenant marriage 151
conversion under this subdivision shall not be required to 152
receive premarital counseling, and the husband and wife are 153
not required to have the converted covenant marriage 154
separately solemnized. The conversion of the standard 155
marriage to covenant marriage of a previously married couple 156
shall not require the attestations by clergy or counselors. 157
Conversion to a covenant marriage shall not make valid a 158
marriage that is prohibited under this chapter or that is 159
not validly contracted in this state. 160
(b) A notarized attestation of the intent to convert a 161
standard marriage license to a covenant marriage license 162
shall be in the following form: 163
142 My commission expires: _________________________
143 Notary Public _________________________"; and
164 "DECLARATION OF INTENT TO CONVERT TO COVENANT MARRIAGE
165 A COVENANT MARRIAGE
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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
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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.
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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.
181 _________________________
182 Male Spouse
183 _________________________
184 Female Spouse
185 AFFIDAVIT
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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.
200 STATE OF MISSOURI ____________)
201 COUNTY OF ____________________)
202 _________________________
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4. The recorder of deeds shall document that the 218
attestations were submitted and shall file all covenant 219
marriage license documentation according to the laws of the 220
state of Missouri. If all the provisions have been met 221
under this section, the recorder of deeds shall issue to the 222
husband and wife a marriage license certificate that 223
documents the husband's and wife's covenant marriage or 224
conversion to a covenant marriage accordingly. 225
5. The state of Missouri shall publish a page on its 226
website titled "Missouri Covenant Marriage Act". The page 227
shall describe the requirements for entering into a covenant 228
marriage under this section and the grounds necessary to 229
obtain a decree of dissolution of covenant marriage or a 230
legal separation of covenant marriage under section 452.055. 231
203 Male Spouse
204 _________________________
205 Female Spouse
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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.
215 (Seal)
216 My commission expires: _________________________
217 Notary Public _________________________".
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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
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
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(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
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
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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
✓