SB17: Bill Text

SB17,8,11 1. The following recitation by the parties:

SB17,8,19 "We do solemnly declare that marriage is a covenant between a man and a woman who agree to live together as husband and wife for so long as they both may live. We understand the nature, purposes and responsibilities of marriage. We have read the informational pamphlet entitled "Covenant Marriage", developed and prepared by the department of health and family services, and we understand that a covenant marriage is for life. If we experience marital difficulties, we commit ourselves to taking all reasonable efforts, including marital counseling, to preserve our marriage.

SB17,8,23 With full knowledge of what this commitment means, we do hereby declare that our marriage will be bound by Wisconsin law on covenant marriage and we renew our promise to love, honor and care for one another as husband and wife for the rest of our lives."

SB17,8,24 2. The notarized signatures of both parties.

SB17,9,4 (c) The recitation portion of the declaration under par. (b) 1. shall be prepared in duplicate originals, one of which shall be retained by the parties. The other duplicate original, together with the remainder of the declaration, shall be filed as provided in par. (a).

SB17,9,14 (3) Effect; special grounds for divorce or separation if a child is involved. A covenant marriage shall be subject to the same provisions as any other marriage and shall be in all respects the same as any other marriage, except that, if the parties to a covenant marriage, or either of them, has a minor child, or the wife is pregnant, at the time an action for divorce or legal separation is commenced, a court may grant a judgment of divorce or legal separation only upon one of the bases specified in s. 767.07 (2m) (c). If, at the commencement of an action for divorce or legal separation, neither party to a covenant marriage has a minor child and the wife is not pregnant, a court may grant a judgment of divorce or legal separation with respect to the marriage as provided in s. 767.07 (1).

SB17,9,23 (4) Informational pamphlet. The department of health and family services shall develop by rule and prepare an informational pamphlet, entitled "Covenant Marriage", that explains covenant marriage in easily understood language, including the procedure for entering into, or designating an existing marriage as, a covenant marriage and the effect of entering into, or designating an existing marriage as, a covenant marriage. The department of health and family services shall make the pamphlet available, upon request and free of charge, to any person who may provide the premarital counseling under sub. (1) (b) 2. and to any other person.

SB17, s. 8 Section 8. 767.07 of the statutes is renumbered 767.07 (1), and 767.07 (1) (intro.), (a) and (b), as renumbered, are amended to read:

SB17,10,3 767.07 (1) (intro.) A Except as provided in subs. (2m) and (3m), a court of competent jurisdiction shall grant a judgment of divorce or legal separation if all of the following apply:

SB17,10,5 (a) The requirements of this chapter as to residence and marriage assessment counseling have been complied with;.

SB17,10,8 (b) 1. In connection with a judgment of divorce or legal separation, the court finds that the marriage is irretrievably broken under s. 767.12 (2), unless par. (b) subd. 2. applies.

SB17,10,10 2. In connection with a judgment of legal separation, the court finds that the marital relationship is broken under s. 767.12 (3); and .

SB17, s. 9 Section 9. 767.07 (2m) of the statutes is created to read:

SB17,10,16 767.07 (2m) Except as provided in sub. (3m), if the marriage of the parties is a covenant marriage under s. 765.26 and at the commencement of the action under this section the parties, or either of them, has a minor child or the wife is pregnant, a court of competent jurisdiction shall grant a judgment of divorce or legal separation only if all of the following apply:

SB17,10,17 (a) The requirements under sub. (1) are satisfied.

SB17,10,18 (b) The parties have undergone marriage counseling.

SB17,10,19 (c) The court finds any of the following:

SB17,10,20 1. That the respondent has violated s. 944.16 (1).

SB17,10,22 2. That the respondent has been convicted of a felony and has been sentenced to imprisonment.

SB17,10,24 3. That the respondent has abandoned the petitioner for at least one year and constantly refuses to return.

SB17,11,3 4. That the respondent has engaged in domestic abuse, as defined in s. 813.12 (1) (a), with respect to the petitioner, or has engaged in abuse, as defined in s. 48.02 (1), with respect to a child, stepchild or foster child of either or both of the parties.

SB17,11,5 5. That the petitioner and respondent have been living apart continuously without reconciliation for 2 years or longer.

SB17,11,9 6. That the respondent's habitual intemperance, cruel treatment of the petitioner or outrages toward the petitioner have made their living together insupportable, except that the court may grant only a judgment of legal separation if this subdivision applies.

SB17, s. 10 Section 10. 767.07 (3m) of the statutes is created to read:

SB17,11,14 767.07 (3m) If the marriage of the parties is a covenant marriage under s. 765.26, a court of competent jurisdiction shall grant a judgment of divorce if the court has granted a judgment of legal separation under sub. (1) or (2m) and the requirements under s. 767.09 (2) are satisfied.

SB17, s. 11 Section 11. 767.085 (1) (bm) of the statutes is created to read:

SB17,11,18 767.085 (1) (bm) If the relief requested is a divorce or legal separation and the marriage of the parties is a covenant marriage under s. 765.26, the name and birthdate of any minor child of a party not specified in par. (b).

SB17, s. 12 Section 12. 767.085 (1) (cr) of the statutes is created to read:

SB17,11,22 767.085 (1) (cr) If the relief requested is a divorce or legal separation and the marriage of the parties is a covenant marriage under s. 765.26, that the marriage is a covenant marriage and either of the following:

SB17,11,23 1. That neither party has a minor child and the wife is not pregnant.

SB17,12,3 2. That the parties, or either of them, has a minor child or the wife is pregnant, the grounds for the action and the facts supporting a reasonable basis on which the grounds are alleged.

SB17, s. 13 Section 13. 767.12 (4) of the statutes is created to read:

SB17,12,8 767.12 (4) Grounds. In an action for divorce or legal separation, if both of the parties to a covenant marriage under s. 765.26 state by petition or stipulation that one or more of the grounds under s. 767.07 (2m) (c) apply, the court, after hearing, shall make a finding that those grounds apply.

SB17, s. 14 Section 14. 767.13 (5) (a) of the statutes is renumbered 767.13 (5) (a) 1. (intro.) and amended to read:

SB17,12,15 767.13 (5) (a) 1. (intro.) On authority delegated by a judge, which may be by a standard order, and with the approval of the chief judge of the judicial administrative district, a family court commissioner may preside at any hearing held to determine whether a judgment of divorce shall be granted, if both any of the following applies:

SB17,12,19 a. Both parties state that the marriage is irretrievably broken and that all material issues, including but not limited to division of property or estate, legal custody, physical placement, child support, spousal maintenance and family support, are resolved or if one.

SB17,12,20 c. One party does not participate in the action for divorce.

SB17,12,25 2. The family court commissioner may grant and enter judgment in any action over which he or she presides under this paragraph unless the judgment modifies an agreement between the parties on material issues. If the family court commissioner does not approve an agreement between the parties on material issues, the action shall be certified to the court for trial.

SB17, s. 15 Section 15. 767.13 (5) (a) 1. b. of the statutes is created to read:

SB17,13,7 767.13 (5) (a) 1. b. If the marriage is a covenant marriage and the parties, or one of them, has a minor child or the wife is pregnant, both parties state that the marriage is irretrievably broken and that all material issues, including but not limited to division of property or estate, legal custody, physical placement, child support, spousal maintenance and family support, are resolved and stipulate as to the grounds under s. 767.07 (2m) (c) that apply.

SB17, s. 16 Section 16 . Nonstatutory provisions.

SB17,13,13 (1) Rules related to informational pamphlet. The department of health and family services shall submit in proposed form the rules required under section 765.26 (4) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this subsection.

SB17, s. 17 Section 17. Effective dates. This act takes effect on the first day of the 13th month beginning after publication, except as follows:

SB17,13,17 (1) The treatment of section 765.26 (4) of the statutes and Section 16 (1 ) of this act take effect on the day after publication.

SB17,13,18 (End)