SB17: Bill Text

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB17, s. 1 Section 1. 765.09 (3) of the statutes is amended to read:

SB17,4,3 765.09 (3) Each party shall present satisfactory, documentary proof of identification and residence and shall swear (or affirm) to the application before the clerk who is to issue the marriage license or the person authorized to accept such applications in the county and state where the party resides. The application shall contain the social security number of each party, as well as any other informational items that the department of health and family services directs, subject to sub. (4). The portion of the marriage application form that is collected for statistical purposes only shall indicate that the address of the marriage license applicant may be provided by a county clerk to a law enforcement officer under the conditions specified under s. 765.20 (2). Each applicant under 30 years of age shall exhibit to the clerk a certified copy of a birth certificate, and any applicants shall submit a copy of any judgments or a death certificate affecting the marital status. If such certificate or judgment is unobtainable, other satisfactory documentary proof of the requisite facts therein may be presented in lieu thereof. Whenever the clerk is not satisfied with the documentary proof presented, he or she shall submit the same, for an opinion as to the sufficiency of the proof, to a judge of a court of record in the county of application.

SB17, s. 2 Section 2. 765.09 (4) of the statutes is created to read:

SB17,4,7 765.09 (4) If the parties intend to contract a covenant marriage under s. 765.26, the marriage license application shall include a separate form with the following declaration:

SB17,4,11 We, .... (name of intended husband) and .... (name of intended wife), do hereby declare that we intend to contract a covenant marriage and have executed and do submit for attachment to the marriage license a declaration of intent under section 765.26 (1) (b), Wisconsin Statutes.

SB17, s. 3 Section 3. 765.12 (2) of the statutes is amended to read:

SB17,4,23 765.12 (2) The Except as provided in sub. (3), the marriage license shall authorize the marriage ceremony to be performed in any county of this state within 30 days of issuance, excepting that where both parties are nonresidents of the state, the ceremony shall be performed only in the county in which the marriage license is issued. The officiating person shall determine that the parties presenting themselves to be married are the parties named in the marriage license. If aware of any legal impediment to such marriage, the person shall refuse to perform the ceremony. The issuance of a marriage license shall not be deemed to remove or dispense with any legal disability, impediment or prohibition rendering marriage between the parties illegal, and the marriage license shall contain a statement to that effect.

SB17, s. 4 Section 4. 765.12 (3) of the statutes is created to read:

SB17,5,9 765.12 (3) If the parties indicate on their marriage license application that they intend to contract a covenant marriage, as provided in s. 765.09 (4), the parties shall submit to the clerk a declaration of intent to contract a covenant marriage that complies with s. 765.26 (1) (b). The clerk shall attach the declaration of intent to the marriage license. The marriage license shall authorize the marriage ceremony of parties who indicate on their marriage license application that they intend to contract a covenant marriage to be performed not sooner than 31 days nor later than 45 days after the license is issued. At any time before the marriage ceremony takes place, the parties may rescind their intention to contract a covenant marriage.

SB17, s. 5 Section 5. 765.13 of the statutes is renumbered 765.13 (1).

SB17, s. 6 Section 6. 765.13 (2) of the statutes is created to read:

SB17,5,16 765.13 (2) The marriage document shall provide for a designation by the officiating person, or by the parties to the marriage if the marriage ceremony is performed without an officiating person, as to whether the parties entered into a covenant marriage. The designation shall be signed by the parties to the marriage, the witnesses and the officiating person, if any.

SB17, s. 7 Section 7. 765.26 of the statutes is created to read:

SB17,5,21 765.26 Covenant marriage. (1) Requirements for new marriages. (a) A covenant marriage may be contracted between one male and one female who, in addition to complying with the other requirements of this chapter, have done all of the following:

SB17,5,24 1. Received premarital counseling on the nature, purposes and responsibilities of marriage from a marriage and family therapist, a professional counselor, a member of the clergy or a person designated by a member of the clergy.

SB17,5,25 2. Executed a declaration of intent that complies with par. (b).

SB17,6,3 3. Indicated their intention to contract a covenant marriage on their marriage license application and provided the county clerk with a duplicate original of their declaration of intent.

SB17,6,5 (b) A declaration of intent to contract a covenant marriage shall include all of the following:

SB17,6,6 1. The following recitation by the parties:

SB17,6,15 "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 as long as they both may live. We have chosen each other carefully and disclosed to one another everything that could adversely affect the decision to enter into this marriage. We have received premarital counseling on the nature, purposes and responsibilities of marriage. We have read the pamphlet entitled "Covenant Marriage" and we understand that a covenant marriage is for life. If we experience marital difficulties, we commit ourselves to taking all reasonable efforts, including marriage counseling, to preserve our marriage.

SB17,6,18 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 promise to love, honor and care for one another as husband and wife for the rest of our lives."

SB17,7,2 2. An affidavit by the parties that they have received premarital counseling from a marriage and family therapist, a professional counselor, a member of the clergy or a person designated by a member of the clergy, and that the counseling included a discussion of the seriousness of covenant marriage, communication of the fact that a covenant marriage is a commitment for life, a discussion of the obligation to seek marriage counseling in times of marital difficulties and a discussion of the exclusive grounds in a covenant marriage for legal separation and divorce if a child is involved.

SB17,7,10 3. A notarized attestation, signed by the person who provided the counseling specified under subd. 2. and attached to or included in the parties' affidavit, confirming that the parties were counseled as to the nature and purpose of the marriage and the grounds for legal separation and divorce if a child is involved and acknowledging that the person provided to the parties the informational pamphlet developed and prepared by the department of health and family services, entitled "Covenant Marriage", that provides a full explanation of the terms, conditions and consequences of a covenant marriage.

SB17,7,11 4. The notarized signatures of both parties.

SB17,7,13 5. If one or both of the parties are between the ages of 16 and 18 years, the written consent required under s. 765.02 (2).

SB17,7,17 (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 provided to the county clerk for attachment to the marriage license.

SB17,7,23 (d) If the parties to a marriage fulfill the requirements of par. (a) and enter into a covenant marriage as intended, the officiating person, or the parties if the marriage ceremony is performed without an officiating person, shall designate on the marriage certificate that the parties entered into a covenant marriage. The designation must be signed by the parties, the witnesses and the officiating person, if any.

SB17,8,8 (2) Requirements for marriages previously contracted. (a) Notwithstanding sub. (1), on or after the effective date of this paragraph .... [revisor inserts date], a marriage between one male and one female that was entered into before the effective date of this paragraph .... [revisor inserts date], may be designated by the married couple as a covenant marriage if the couple executes a declaration of intent that complies with par. (b). The declaration of intent shall be filed with the register of deeds with whom the couple's marriage certificate is filed. If the couple was married outside the state, a copy of their marriage certificate, or comparable document, with the declaration of intent attached, shall be filed with the register of deeds of the county in which the couple resides.

SB17,8,10 (b) A declaration of intent to designate an existing marriage as a covenant marriage shall include all of the following:

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)