Indiana Covenant Marriage bill text


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SUMMARY

SECTION 2. IC 31111.53 IS AMENDED TO READ AS FOLLOWS (EFFECTIVE JULY 1, 1997): Under Sec. 3., Causes of Action.

(B) DISSOLUTION OF A MARRIAGE THAT WAS ENTERED INTO UNDER A COVENANT MARRIAGE LICENSE SHALL BE GRANTED UPON A FINDING OF ONE (1) OF THE FOLLOWING GROUNDS:
(1) SUBSEQUENT TO THE MARRIAGE, THE CONVICTION OF EITHER OF THE PARTIES OF A FELONY.
(2) IMPOTENCY, EXISTING AT THE TIME OF THE MARRIAGE.
(3) INCURABLE INSANITY OF EITHER PARTY FOR AT LEAST THE TWO (2) YEARS IMMEDIATELY PRECEDING THE FILING OF THE PETITION FOR MARRIAGE DISSOLUTION.
(4) ADULTERY.
(5) A COURT'S FINDING THAT:
(A) AT LEAST ONE (1) SPOUSE HAS ENGAGED IN A PATTERN OF PHYSICAL OR PSYCHOLOGICAL ABUSE AGAINST:
(I) THE OTHER SPOUSE; OR
(II) A CHILD OF EITHER SPOUSE;
(B) THE PARTIES HAVE BEEN SEPARATED FOR AT LEAST TWO (2) YEARS; OR
(C) DENIAL OF A DISSOLUTION OF THE MARRIAGE WOULD BE UNCONSCIONABLE.

SECTION 3. IC 31111.54 IS AMENDED TO READ AS FOLLOWS (EFFECTIVE JULY 1, 1997): Sec. 4. Commencement of Proceedings. (a) A proceeding for dissolution of marriage shall be commenced by the filing of a petition entitled, "In Re the marriage of_______ and_______ ". The petition shall be verified and it shall set forth:
[among other things already required,]
(6) A STATEMENT THAT THE PARTIES ENTERED INTO A COVENANT MARRIAGE LICENSE, IF APPLICABLE;


SECTION 6, IS AMENDED TO READ AS FOLLOWS (EFFECTIVE JULY 1, 1997): Sec. 7.
(f) The court may require the parties to seek counseling for themselves or for a child of the parties under such terms and conditions as the court deems appropriate if:
(1) either party makes a motion for counseling in an effort to improve conditions of their marriage;

(2) a party, the child of the parties, the child's guardian ad litem or court appointed special advocate, or the court makes a motion for counseling for the child; or

(3) the court makes a motion for counseling for parties who:

(A) are the parents of a child less than eighteen (18) years of age; OR
(B) ENTERED INTO THE MARRIAGE BASED UPON A COVENANT MARRIAGE LICENSE.

However, the court may not require joint counseling of the parties under this subsection without the consent of both parties, or if there is evidence that the other party has demonstrated a pattern of domestic violence against the party or a child of a party.

SECTION 12. IC 31733 IS AMENDED TO READ AS FOLLOWS (EFFECTIVE JULY 1, 1997): Sec. 3. (a) THERE ARE TWO (2) CLASSIFICATIONS OF MARRIAGE LICENSES, A CONTRACT MARRIAGE LICENSE AND A COVENANT MARRIAGE LICENSE. An application for a contract marriage license shall be written and verified. The application shall contain the following information concerning each of the applicants:

(1) Full name.

(2) Birthplace.

(3) Residence.

(4) Age.

(5) Names of dependent children.

(6) Full name (including the maiden name of a mother), last known residence, and, if known, the place of birth of the birth parents (if the applicant is not adopted) or the adoptive parents (if the applicant is adopted) of the applicant.

(7) A statement of facts necessary to determine whether any legal impediment to the proposed marriage exists.

(8) An acknowledgment that both applicants must sign, affirming that they have received the information described in section 3.5 of this chapter, including a list of test sites for the virus that causes AIDS (acquired immune deficiency syndrome). The acknowledgment required by this subdivision must be in the following form:

ACKNOWLEDGMENT

I acknowledge that I have received information regarding dangerous communicable diseases that are sexually transmitted, and a list of test sites for the virus that causes AIDS (acquired immune deficiency syndrome).

______________________ _________

Signature of Applicant Date

______________________ _________

Signature of Applicant Date

(B) THE CLERK OF THE CIRCUIT COURT SHALL INFORM EACH INDIVIDUAL WHO APPLIES FOR A MARRIAGE LICENSE OF THE OPTION TO ENTER INTO A MARRIAGE BASED UPON A COVENANT MARRIAGE LICENSE. THE CLERK OF THE CIRCUIT COURT SHALL INFORM EACH INDIVIDUAL THAT MARRIAGE BASED UPON A COVENANT LICENSE REQUIRES THAT THE PARTIES ACKNOWLEDGE THAT THEY HAVE PARTICIPATED IN PREMARITAL COUNSELING. THE CLERK OF THE CIRCUIT COURT SHALL FURTHER INFORM THE PARTIES THAT A MARRIAGE BASED UPON A COVENANT LICENSE MAY NOT BE DISSOLVED EXCEPT AS A RESULT OF A FELONY CONVICTION, IMPOTENCY, INCURABLE INSANITY, ADULTERY, OR A COURT'S FINDING THAT:


(1) A PATTERN OF PHYSICAL OR PSYCHOLOGICAL ABUSE EXISTS;
(2) THE PARTIES HAVE BEEN SEPARATED FOR AT LEAST TWO (2) YEARS; OR


(3) DENIAL OF A DISSOLUTION OF THE MARRIAGE WOULD BE UNCONSCIONABLE.


(C) UPON REQUEST, THE CLERK SHALL PROVIDE A SPECIAL APPLICATION TO INDIVIDUALS WHO WISH TO APPLY FOR A COVENANT MARRIAGE LICENSE. THE APPLICATION MUST INCLUDE THE INFORMATION REQUIRED UNDER SUBSECTION (A) AND MUST CONTAIN THE FOLLOWING:
(1) AN ACKNOWLEDGMENT THAT BOTH INDIVIDUALS HAVE PARTICIPATED IN PREMARITAL COUNSELING.


(2) AN ACKNOWLEDGMENT THAT BOTH APPLICANTS WISH TO ENTER INTO A MARRIAGE BASED UPON A COVENANT MARRIAGE LICENSE. THE ACKNOWLEDGMENT MUST BE SIGNED BY BOTH PARTIES, AND MUST BE IN THE FOLLOWING FORM:


ACKNOWLEDGMENT

I,_____________, DECLARE MY INTENT TO ENTER INTO A MARRIAGE BASED

UPON A COVENANT MARRIAGE LICENSE. I DO SO WITH THE FULL UNDERSTANDING THAT A MARRIAGE BASED UPON A COVENANT MARRIAGE LICENSE MAY NOT BE LEGALLY DISSOLVED EXCEPT AS A RESULT OF A FELONY CONVICTION, IMPOTENCY, INCURABLE INSANITY, ADULTERY, OR A COURT'S FINDING THAT: (1) A PATTERN OF PHYSICAL OR PSYCHOLOGICAL ABUSE EXISTS; (2) THE PARTIES HAVE BEEN SEPARATED FOR AT LEAST TWO (2) YEARS; OR (3) DENIAL OF A DISSOLUTION OF THE MARRIAGE WOULD BE UNCONSCIONABLE. I HAVE ATTENDED PREMARITAL COUNSELING IN GOOD FAITH AND AM ENTERING INTO THE MARRIAGE AS A SERIOUS LIFETIME COMMITMENT. WHEN MARITAL DIFFICULTIES ARISE, I AGREE TO PARTICIPATE IN MARRIAGE COUNSELING IF ORDERED BY THE COURT BEFORE A DISSOLUTION OF MARRIAGE IS GRANTED.


______________________ __________

Signature of Applicant Date

______________________ __________

Signature of Applicant Date

(D) The application shall be recorded by the clerk, together with the license and certificate of marriage, in a book provided for that purpose. This book is a public record.


(E) The state department of health shall develop uniform forms for applications for marriage licenses. THE DEPARTMENT SHALL DEVELOP A SEPARATE APPLICATION FOR THE MARRIAGE LICENSES OF INDIVIDUALS WHO WISH TO APPLY FOR A COVENANT MARRIAGE LICENSE. THE APPLICATION FOR A COVENANT MARRIAGE LICENSE MUST CONTAIN THE ADDITIONAL PROVISIONS REQUIRED BY SUBSECTION (C). The state department of health shall furnish these forms to the circuit court clerks. The state department of health may periodically revise
these forms.

(F) Notwithstanding subsection (a), a person who objects on religious grounds is not required to verify the application under subsection (a) by oath or affirmation or sign the acknowledgment described in subsection (a)(8). However, before the clerk of the circuit court may issue a marriage license to a member of the Old Amish Mennonite church, the bishop of that member must sign a statement that the information in the application is true.

(G) If a person objects on religious grounds to verifying the application under subsection (a) by oath or affirmation or to signing the acknowledgment described in subsection (a)(8), the clerk shall indicate that fact on the application for a marriage license.

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