By Representatives Gilmore, Cook, Dahl, Faber, Franklin,
Freeborn,
Hayzlett,
Hutchins, Jennison, Phill Kline, P. Long, Mason, Mollen-
kamp,
Morrison, Myers, Neufeld, O'Connor, Powell, Presta, Ruff,
Shallenburger, Tanner, Vickrey, Vining and Wilson
2-6
12
AN ACT concerning marriage; relating to a covenant
marriage; amending
13 K.S.A. 23-105, 23-109
and 60-1601 and K.S.A. 1997 Supp. 23-106 and
14 repealing the existing
sections.
15
16 Be it enacted by the Legislature of the
State of Kansas:
17 New Section 1. (a)
A covenant marriage is a marriage entered into
18 by one male and one female who understand
and agree that the marriage
19 between them is a lifelong relationship.
Parties to a covenant marriage
20 have received counseling emphasizing the
nature and purposes of mar-
21 riage and the responsibilities thereto.
Only when there has been a com-
22 plete and total breach of the marital
covenant commitment may the non-
23 breaching party seek a declaration that the
marriage is no longer legally
24 recognized.
25 (b) A man and woman may
contract a covenant marriage by declaring
26 their intent to do so on their application
for a marriage license as provided
27 in K.S.A. 23-106, and amendments thereto,
and executing a declaration
28 of intent to contract a covenant marriage,
as provided in subsection (c).
29 The application for a marriage license and
the declaration of intent shall
30 be filed with the district court which
issues the marriage license.
31 (c) A declaration of
intent to contract a covenant marriage shall con-
32 tain all of the following:
33 (1) A recitation by the
parties to the following effect:
34
``A COVENANT MARRIAGE
35 We do solemnly declare that
marriage is a covenant between a man and a woman who
36 agree to live together as husband and wife
for so long as they both may live. We have chosen
37 each other carefully and disclosed to one
another everything which could adversely affect
38 the decision to enter into this marriage.
We have received premarital counseling on the
39 nature, purposes and responsibilities of
marriage. We have read the covenant marriage act,
40 and we understand that a covenant marriage
is for life. If we experience marital difficulties,
41 we commit ourselves to take all reasonable
efforts to preserve our marriage, including mar-
42 ital counseling.
43 With full knowledge of what
this commitment means, we do hereby declare that our
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2
1 marriage will be bound by Kansas law
on covenant marriages and we promise to love, honor
2 and care for one another as husband
and wife for the rest of our lives.''
3 (2) (A) An
affidavit by the parties that they have received premarital
4 counseling from a priest, minister,
rabbi, clergy person or organized min-
5 istry of any religious denomination
or sect, including a Christian Science
6 practitioner, or a licensed marriage
and family therapist, which counseling
7 shall include a discussion of the
seriousness of covenant marriage, com-
8 munication of the fact that a
covenant marriage is a commitment for life,
9 a discussion of the obligation to
seek marital counseling in times of marital
10 difficulties, and a discussion of the
exclusive grounds for legally termi-
11 nating a covenant marriage by divorce or by
divorce after separate main-
12 tenance.
13 (B) A notarized
attestation, signed by the counselor and attached to
14 or included in the parties' affidavit,
confirming that the parties were coun-
15 seled as to the nature and purpose of the
marriage and the grounds for
16 termination thereof and an acknowledging
that the counselor provided to
17 the parties the informational pamphlet
developed and promulgated by
18 the office of the attorney general,
pursuant to section 4, and amendments
19 thereto, which pamphlet entitled the
covenant marriage act provides a
20 full explanation of the terms and
conditions of a covenant marriage.
21 (3) (A) The
signature of both parties witnessed by a notary.
22 (B) If one or both of
the parties are minors, the written consent or
23 authorization of those persons required by
law to consent to or authorize
24 the marriage of minors.
25 (d) The declaration
shall contain two separate documents, the reci-
26 tation and the affidavit, the latter of
which shall include the attestation
27 either included therein or attached
thereto. The recitation shall be pre-
28 pared in duplicate originals, one of which
shall be retained by the parties
29 and the other, together with the affidavit
and attestation, shall be regis-
30 tered and recorded as provided in article 1
of chapter 23 of the Kansas
31 Statutes Annotated, and amendments
thereto.
32 (e) In addition to any
fee for a marriage license, the supreme court
33 shall establish by rule a covenant marriage
fee not to exceed $25.
34 New Sec. 2. A
covenant marriage shall be governed by all of the
35 provisions of article 1 of chapter 23 of
the Kansas Statutes Annotated and
36 article 16 of chapter 60 of the Kansas
Statutes Annotated, and amend-
37 ments thereto.
38 (b) As used in this act,
``counselor'' includes but is not limited to a
39 priest, minister, rabbi, clergy person or
organized ministry of any religious
40 denomination or sect, including Christian
Science practitioner, or a li-
41 censed marriage and family therapist.
42 New Sec. 3. (a) On
or after July 1, 1998, married couples may exe-
43 cute a declaration of intent to designate
their marriage as a covenant
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3
1 marriage to be governed by the laws
relative thereto.
2 (b) This
declaration of intent in the form and containing the contents
3 required by subsection (c) shall be
presented to the district court who
4 issued the couple's marriage license
and the secretary of health and en-
5 vironment with whom the couple's
marriage license is filed. If the couple
6 were married outside of this state, a
copy of the foreign marriage certif-
7 icate, with the declaration of intent
attached thereto, shall be filed with
8 the district court who issues
marriage licenses in the county in which the
9 couple is domiciled. The court shall
make a notation on the marriage
10 certificate of the declaration of intent of
a covenant marriage and attach
11 a copy of the declaration to the
certificate.
12 (2) On or before the
fifteenth day of each calendar month, the court
13 shall forward to the secretary of health
and environment each declaration
14 of intent of a covenant marriage filed with
the court during the preceding
15 calendar month pursuant to this
section.
16 (c) (1) A
declaration of intent to designate a marriage as a covenant
17 marriage shall contain all of the
following:
18 (A) A recitation by the
parties to the following effect:
19
``A COVENANT MARRIAGE
20 We do solemnly declare that
marriage is a covenant between a man and a woman who
21 agree to live together as husband and wife
for so long as they both may live. We understand
22 the nature, purpose and responsibilities of
marriage. We have read the covenant marriage
23 act, and we understand that a covenant
marriage is for life. If we experience marital diffi-
24 culties, we commit ourselves to take all
reasonable efforts to preserve our marriage, includ-
25 ing marital counseling.
26 With full knowledge of what
this commitment means, we do hereby declare that our
27 marriage will be bound by Kansas law on
covenant marriage, and we renew our promise to
28 love, honor and care for one another as
husband and wife for the rest of our lives.''
29 (B) (i) An
affidavit by the parties that they have discussed their intent
30 to designate their marriage as a covenant
marriage with a priest, minister,
31 rabbi, clergy person or organized ministry
of any religious denomination
32 or sect, including a Christian Science
practitioner, or a licensed marriage
33 and family therapist, which included a
discussion of the obligation to seek
34 marital counseling in times of marital
difficulties and the exclusive
35 grounds for legally terminating a covenant
marriage by divorce or by
36 divorce after separate maintenance.
37 (ii) A notarized
attestation, signed by the counselor and attached to
38 the parties' affidavit, acknowledging that
the counselor provided to the
39 parties the information pamphlet developed
and promulgated by the of-
40 fice of the attorney general, pursuant to
section 4, and amendments
41 thereto, which pamphlet entitled the
covenant marriage act provides a
42 full explanation of the terms and
conditions of a covenant marriage.
43 (iii) The signature of
both parties witnessed by a notary.
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4
1 (2) The
declaration shall contain two separate documents, the reci-
2 tation and the affidavit, the latter
of which shall include the attestation
3 either included therein or attached
thereto. The recitation shall be pre-
4 pared in duplicate originals, one of
which shall be retained by the parties
5 and the other, together with the
affidavit and attestation, shall be filed as
6 provided in subsection (b).
7 (d) The court
shall collect a declaration of intent of a covenant mar-
8 riage fee as established by the
supreme court by rule in an amount not
9 to exceed $50.
10 New Sec. 4. On or
before July 1, 1998, the office of the attorney
11 general shall develop and promulgate an
informational pamphlet entitled
12 ``covenant marriage act''. Such pamphlet
shall outline in sufficient detail
13 the consequences of entering into a
covenant marriage. Such pamphlet
14 shall be made available to any counselor
who provides marriage counsel-
15 ing as provided for by this act.
16 Sec. 5. K.S.A.
23-105 is hereby amended to read as follows: 23-105.
17 All marriages, including covenant
marriages, occurring within the state
18 shall be registered under the supervision
of the secretary of health and
19 environment as provided in K.S.A.
65-102, and amendments thereto.
20 Sec. 6. K.S.A. 1997
Supp. 23-106 is hereby amended to read as fol-
21 lows: 23-106. (a) The clerks of the
district courts or judges thereof, when
22 applied to for a marriage license by any
person who is one of the parties
23 to the proposed marriage and who is legally
entitled to a marriage license,
24 shall issue a marriage license in substance
as follows:
25
MARRIAGE LICENSE
26
(Name of place where office located, month,
27
day and year.)
28 TO ANY PERSON authorized by law to perform
the marriage ceremony,
29 Greeting:
30 You are hereby authorized to
join in marriage A B of ______, date of birth ________,
31 and C D of ________, date of birth
________, (and name of parent or guardian
32 consenting), and of this license, duly
endorsed, you will make due return to this office
33 immediately after performing the
ceremony.
34
E F, (title of person issuing the license).
35 (b) If such parties
intend the marriage to be a covenant marriage, a
36 declaration of intent to contract a
covenant marriage, as established in
37 section 1, and amendments thereto, shall
be attached to the marriage
38 license and the license shall also
include the following:
39 ``We,(name of
intended wife)and(name of intended husband),
do hereby declare our
40 intent to contract a covenant marriage
and, accordingly, have executed a declaration of intent
41 attached hereto.''
42 (c) No
clerk or judge of the district court shall issue a marriage
43 license before the third calendar day
(Sunday and holidays included) fol-
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5
1 lowing the date of the filing of the
application therefor in such clerk's or
2 judge's office except that in cases
of emergency or extraordinary circum-
3 stances, a judge of the district
court may upon proper showing being
4 made, permit by order of the court
the issuance of such marriage license
5 without waiting three days. Each
district court shall keep a record of all
6 marriages resulting from licenses
issued by the court, which record shall
7 show the names of the persons who
were married and the date of the
8 marriage. No clerk or judge shall
issue a license authorizing the marriage
9 of any person under the age of 18
years without the express consent of
10 such person's father, mother or legal
guardian and the consent of the
11 judge unless consent of both the mother and
father and any legal guardian
12 or all then living parents and any legal
guardian is given in which case the
13 consent of the judge shall not be required.
If not given in person at the
14 time of the application, the consent shall
be evidenced by a written cer-
15 tificate subscribed thereto and duly
attested. Where the applicants or
16 either of them are under 18 years of age
and their parents are dead and
17 there is no legal guardian then a judge of
the district court may after due
18 investigation give consent and issue the
license authorizing the marriage.
19 The judge or clerk may issue a license upon
the affidavit of the party
20 personally appearing and applying therefor,
to the effect that the parties
21 to whom such license is to be issued are of
lawful age, as required by this
22 section, and the judge or clerk is hereby
authorized to administer oaths
23 for that purpose.
24 (d) Every person
swearing falsely in such affidavit shall be guilty of a
25 misdemeanor and shall be punished by a fine
not exceeding $500. A clerk
26 or judge of the district court shall state
in every license the birth dates of
27 the parties applying for the same, and if
either or both are minors, the
28 name of the father, mother, or guardian
consenting to such marriage.
29 (e) Every
marriage license shall expire at the end of six months from
30 the date of issuance if the marriage for
which the license was issued does
31 not take place within the six-month period
of time.
32 Sec. 7. K.S.A.
23-109 is hereby amended to read as follows: 23-109.
33 (a) Every person who performs a marriage
ceremony under the provisions
34 of this act shall endorse the person's
certificate of the marriage on the
35 license, give the duplicate copy of the
license to the parties to the mar-
36 riage and return the license, along with
a copy of the declaration of intent
37 to contract a covenant marriage if
applicable, within 10 days after the
38 marriage, to the judge or clerk of the
district court who issued it. The
39 judge or clerk shall record the marriage on
the marriage record in the
40 office of the judge or clerk and shall
forward, not later than the third day
41 of the following month, to the secretary of
health and environment the
42 license and certificate of marriage,
along with a copy of the declaration
43 of intent to contract a covenant
marriage if applicable, together with a
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6
1 statement of the names of the parties
and the name and address of the
2 person who performed the marriage
ceremony.
3 (b) If no marriage
license has been issued by the judge or clerk of
4 the district court during a month,
the judge or clerk shall promptly notify
5 the secretary of health and
environment to that effect on a form provided
6 for that purpose.
7
Sec. 8. K.S.A. 60-1601 is hereby amended to read as
follows: 60-
8 1601. (a) (1) Except in the case
of a covenant marriage, the district court
9 shall grant a decree of divorce or
separate maintenance for any of the
10 following grounds:
(1)(A) Incompatibility;
(2)(B) failure to perform
a
11 material marital duty or obligation; or
(3)(C) incompatibility by
reason
12 of mental illness or mental incapacity of
one or both spouses.
13
(b)(2) The ground of
incompatibility by reason of mental illness or
14 mental incapacity of one or both spouses
shall require a finding of either:
15 (1)(A)
Confinement of the spouse in an institution by reason of mental
16 illness for a period of two years, which
confinement need not be contin-
17 uous; or (2)(B) an adjudication of mental illness or mental incapacity
of
18 the spouse by a court of competent
jurisdiction while the spouse is con-
19 fined in an institution by reason of mental
illness. In either case, there
20 must be a finding by at least two of three
physicians, appointed by the
21 court before which the action is pending,
that the mentally ill or mentally
22 incapacitated spouse has a poor prognosis
for recovery from the mental
23 illness or mental incapacity, based upon
general knowledge available at
24 the time. A decree granted on the ground of
incompatibility by reason of
25 mental illness or mental incapacity of one
or both spouses shall not relieve
26 a party from contributing to the support
and maintenance of the mentally
27 ill or mentally incapacitated spouse. If
both spouses are confined to in-
28 stitutions because of mental illness or
mental incapacity, the guardian of
29 either spouse may file a petition for
divorce and the court may grant the
30 divorce on the ground of incompatibility by
reason of mental illness or
31 mental incapacity.
32 (b) Notwithstanding
any other law to the contrary and subsequent to
33 the parties obtaining counseling, the
district court shall grant a decree of
34 divorce to a spouse of a covenant
marriage only upon proof of any of the
35 following grounds:
36 (1) The other spouse
has committed adultery.
37 (2) The other spouse
has been convicted of capital murder K.S.A.
38 21-3439 and amendments thereto, murder
in the first degree K.S.A. 21-
39 3401 and amendments thereto, murder in
the second degree K.S.A. 21-
40 3402 and amendments thereto, voluntary
manslaughter K.S.A. 21-3403
41 and amendments thereto, involuntary
manslaughter K.S.A. 21-3404 or
42 21-3442 and amendments thereto, rape
K.S.A. 21-3502 and amendments
43 thereto, indecent liberties with a child
K.S.A. 21-3503, and amendments
HB 2839
7
1 thereto, aggravated indecent
liberties with a child K.S.A. 21-3504, and
2 amendments thereto, criminal
sodomy subsection (a)(2) and (a)(3) of
3 K.S.A. 21-3505 and amendments
thereto, aggravated criminal sodomy
4 K.S.A. 21-3506, and amendments
thereto, indecent solicitation of a child
5 K.S.A. 21-3510, and amendments
thereto, aggravated indecent solicitation
6 of a child K.S.A. 21-3511, and
amendments thereto, sexual exploitation of
7 a child K.S.A. 21-3516, and
amendments thereto, aggravated sexual bat-
8 tery K.S.A. 21-3518, and
amendments thereto or any conviction for a
9 felony offense that is comparable
to a crime listed above, or any federal
10 or other state conviction for a felony
offense that under the laws of this
11 state would be an offense as listed
above.
12 (3) The other spouse
has abandoned the matrimonial domicile for a
13 period of one year and constantly
refuses to return.
14 (4) The other spouse
has physically or sexually abused the spouse
15 seeking the divorce or a child of one of
the spouses.
16 (5) The spouses have
been living separate and apart continuously
17 without reconciliation for a period of
two years.
18 (6) (A) The
spouses have been living separate and apart continuously
19 without reconciliation for a period of
one year from the date the judgment
20 of separate maintenance was
signed.
21 (B) If there is a
minor child or children of the marriage, the spouses
22 have been living separate and apart
continuously without reconciliation
23 for a period of one year and six months
from the date the judgment of
24 separate maintenance was signed.
However, if abuse of a child of the
25 marriage or a child of one of the
spouses is the basis for which the judg-
26 ment of separate maintenance was
obtained, then a judgment of divorce
27 may be obtained if the spouses have been
living separate and apart con-
28 tinuously without reconciliation for a
period of one year from the date
29 the judgment of separate maintenance was
signed.
30 (C) Notwithstanding
any other law to the contrary and subsequent
31 to the parties obtaining counseling, the
district court shall grant a decree
32 of separate maintenance to a spouse of a
covenant marriage upon proof
33 of any of the following grounds:
34 (1) The other spouse
has committed adultery.
35 (2) The other spouse
has been convicted of capital murder K.S.A.
36 21-3439 and amendments thereto, murder
in the first degree K.S.A. 21-
37 3401 and amendments thereto, murder in
the second degree K.S.A. 21-
38 3402 and amendments thereto, voluntary
manslaughter K.S.A. 21-3403
39 and amendments thereto, involuntary
manslaughter K.S.A. 21-3404 or
40 21-3442 and amendments thereto, rape
K.S.A. 21-3502 and amendments
41 thereto, indecent liberties with a child
K.S.A. 21-3503, and amendments
42 thereto, aggravated indecent liberties
with a child K.S.A. 21-3504, and
43 amendments thereto, criminal sodomy
subsection (a)(2) and (a)(3) of
HB 2839
8
1 K.S.A. 21-3505 and amendments
thereto, aggravated criminal sodomy
2 K.S.A. 21-3506, and amendments
thereto, indecent solicitation of a child
3 K.S.A. 21-3510, and amendments
thereto, aggravated indecent solicitation
4 of a child K.S.A. 21-3511, and
amendments thereto, sexual exploitation of
5 a child K.S.A. 21-3516, and
amendments thereto, aggravated sexual bat-
6 tery K.S.A. 21-3518, and
amendments thereto or any conviction for a
7 felony offense that is comparable
to a crime listed above, or any federal
8 or other state conviction for a
felony offense that under the laws of this
9 state would be an offense as
listed above.
10 (3) The other spouse
has abandoned the matrimonial domicile for a
11 period of one year and constantly
refuses to return.
12 (4) The other spouse
has physically or sexually abused the spouse
13 seeking the divorce or a child of one of
the spouses.
14 (5) The spouses have
been living separate and apart continuously
15 without reconciliation for a period of
two years.
16 (6) On account of
habitual intemperance of the other spouse, or ex-
17 cesses, cruel treatment, or outrages of
the other spouse, if habitual intem-
18 perance, or such ill-treatment is of
such a nature as to render their living
19 together insupportable.
20 Sec. 9. K.S.A.
23-105, 23-109 and 60-1601 and K.S.A. 1997 Supp.
21 23-106 are hereby repealed.
22 Sec. 10. This act
shall take effect and be in force from and after its
23 publication in the statute book.
24
25