STATE OF NEW JERSEY. ASSEMBLY, No th LEGISLATURE INTRODUCED JUNE 19, Sponsored by: Assemblyman GUY F. TALARICO District 38 (Bergen)

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1 ASSEMBLY, No. 0 STATE OF NEW JERSEY 0th LEGISLATURE INTRODUCED JUNE, 000 Sponsored by: Assemblyman GUY F. TALARICO District (Bergen) SYNOPSIS Establishes covenant marriage. CURRENT VERSION OF TEXT As introduced.

2 A0 TALARICO AN ACT establishing covenant marriage and amending and supplementing various sections of the statutory law. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:. N.J.S.A:- is amended to read as follows: N.J.S.A:-. Causes for divorce from bond of matrimony. [Divorce] Except as provided in P.L., c. (C. ) (now pending before the Legislature as this bill), divorce from the bond of matrimony may be adjudged for the following causes heretofore or hereafter arising: a. Adultery; b. Willful and continued desertion for the term of or more months, which may be established by satisfactory proof that the parties have ceased to cohabit as man and wife; c. Extreme cruelty, which is defined as including any physical or mental cruelty which endangers the safety or health of the plaintiff or makes it improper or unreasonable to expect the plaintiff to continue to cohabit with the defendant; provided that no complaint for divorce shall be filed until after months from the date of the last act of cruelty complained of in the complaint, but this provision shall not be held to apply to any counterclaim; d. Separation, provided that the husband and wife have lived separate and apart in different habitations for a period of at least or more consecutive months and there is no reasonable prospect of reconciliation; provided, further that after the -month period there shall be a presumption that there is no reasonable prospect of reconciliation; e. Voluntarily induced addiction or habituation to any narcotic drug as defined in the New Jersey Controlled Dangerous Substances Act, P.L.0, c. or habitual drunkenness for a period of or more consecutive months subsequent to marriage and next preceding the filing of the complaint; f. Institutionalization for mental illness for a period of or more consecutive months subsequent to marriage and next preceding the filing of the complaint; g. Imprisonment of the defendant for or more consecutive months after marriage, provided that where the action is not commenced until after the defendant's release, the parties have not resumed cohabitation following such imprisonment; h. Deviant sexual conduct voluntarily performed by the defendant without the consent of the plaintiff. (cf: P.L., c., s.) EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter.

3 A0 TALARICO R.S.:- is amended to read as follows: :-. Issuing of license; remarriage; covenant marriage. The licensing officer is hereby empowered to issue marriage licenses to the contracting parties who apply therefor and are entitled under the laws of this State to contract matrimony, authorizing the marriage of such parties, which license shall be substantially in the following form: "State of New Jersey. County of city, town or township of This is to certify that any person, religious society, institution or organization authorized by law to perform marriage ceremonies within the State of New Jersey to whom this may come, he or they not knowing any lawful impediment thereto, is hereby authorized and empowered to solemnize the rites of matrimony between A B of in the county of and State of and C D of, in the county of and State of, and to certify the same to be the said parties, or either of them, under his hand and seal in his ministerial or official capacity. In testimony whereof, I have hereunto set my hand and affixed the seal of said town, township or city at this day of [one thousand nine hundred and] (year), (Name and official title)" If the contracting parties desire both a civil and a religious marriage ceremony, the licensing officer shall issue a license in duplicate, marking one as "issued for civil marriage ceremony" and one as "issued for religious marriage ceremony." If the contracting parties desire to enter into a covenant marriage pursuant to P.L., c. (C. ) (now pending before the Legislature as this bill), the licensing officer shall issue a license marked "issued for covenant marriage." Nothing in this section shall be construed to prevent the remarriage of a couple already married to each other; provided, a new license is obtained and the marriage properly reported. Such couple may choose to be remarried under the terms of a covenant marriage, established pursuant to P.L., c. (C. ) (now pending before the Legislature as this bill). Such license shall be plainly marked "Issued for remarriage--originally married to same mate at (state place) on (state date)." Such a license shall be issued without compliance with the provisions of section :- of the Revised Statutes and the provisions of "An act concerning marriages" approved May third, one thousand nine hundred and thirty-eight (P.L., c. ). When such marriage report is received by the State registrar he shall, if an original marriage certificate is recorded, make a notation thereon of the remarriage and its date and place. (cf: P.L., c., p.)

4 A0 TALARICO R.S.:- is amended to read as follows: :-. On the marriage license shall be the form for the certificate of marriage or the certificate of covenant marriage pursuant to P.L., c. (C. ) (now pending before the Legislature as this bill) in quadruplicate, to which the licensing officer shall have set forth particularly therein the name, age, parentage, race, birthplace, residence, Social Security number and condition (whether single, widowed or divorced) of each of the married persons, and the names and county of birth of their parents. The Social Security number shall be kept confidential and may only be released for child support enforcement purposes, and shall not be considered a public record pursuant to P.L., c. (C.:A- et seq.). The person by whom or the religious society, institution, or organization by or before which, the marriage was solemnized, shall personally or by legally authorized agent subscribe where indicated on the form the date and place of the marriage. Each certificate of marriage shall also contain the signature and residence of at least two witnesses who were present at the marriage ceremony. (cf: P.L., c., s.). (New section) a. Persons who are entitled under the laws of this State to contract matrimony may enter into a covenant marriage pursuant to this act by declaring their intent to do so on their application for a marriage license pursuant to R.S.:- and by complying with the requirements of this act. The marriage license shall be recorded as provided by the provisions of chapter of Title of the Revised Statutes with an indication that the marriage is a covenant marriage. b. A declaration of intent to enter into a covenant marriage shall contain all of the following: () The following written statement: "A COVENANT MARRIAGE We 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 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. If we experience marital difficulties, we commit ourselves to take all reasonable efforts to preserve our marriage, including marital counseling. With full knowledge of what this commitment means, we do declare that our marriage will be bound by New Jersey law on covenant marriages and we promise to love, honor and care for one another as husband and wife for the rest of our lives."

5 A0 TALARICO () An affidavit from the parties that they have received premarital counseling from a member of the clergy or from a marriage counselor. Premarital counseling shall include 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 marital counseling in times of marital difficulties and a discussion of the exclusive grounds for terminating a covenant marriage by dissolution of marriage or divorce from bed and board; and () The signatures of both parties witnessed by the licensing officer. c. A notarized attestation that is signed by the clergy or counselor must be submitted with the application for a license and shall confirm that the parties were counseled as to the nature and purpose of the marriage and the grounds for its termination and that the counselor provided to the parties the informational pamphlet developed by the Department of Human Services pursuant to this chapter. The clerk shall document that the attestation was submitted.. (New section) A husband and wife may enter into a covenant marriage by submitting to the licensing officer the declaration set out in section of P.L., c. (C. ) (now pending before the Legislature as this bill) and a sworn statement of the names, Social Security numbers and other identifying information of the husband and wife and the date and place their marriage was contracted. The licensing officer shall issue to the husband and wife a certificate that documents the conversion to covenant marriage. A husband and wife who apply for a conversion to covenant marriage are not required to receive the premarital counseling required pursuant to section P.L., c. (C. ) (now pending before the Legislature as this bill) and are not required to have the converted covenant marriage separately solemnized. Conversion to a covenant marriage does not make valid a marriage that is prohibited pursuant to applicable law or that is not validly contracted in this State.. (New section) Dissolution of covenant marriage; grounds. Notwithstanding the provisions of any other law, if a husband and wife have entered into a covenant marriage pursuant to P.L., c. (C. ) (now pending before the Legislature as this bill) the court shall not enter a judgment of divorce unless the parties have obtained counseling and the court finds any of the following: a. The defendant spouse has committed adultery; b. The defendant spouse has committed a crime and has been sentenced to a term of imprisonment; c. The defendant spouse has abandoned the marital residence for at least one year and refuses to return. d. The defendant spouse has physically or sexually abused the

6 A0 TALARICO plaintiff, a child or a relative of either spouse permanently residing in the matrimonial residence; has committed domestic violence as defined in the "Prevention of Domestic Violence Act of," P.L., c. (C.C:- et seq.); or has committed emotional abuse. e. Separation, provided that the husband and wife have lived separate and apart in different habitations for a period of at least or more consecutive months and there is no reasonable prospect of reconciliation; provided, further that after the -month period there shall be a presumption that there is no reasonable prospect of reconciliation; or f. Voluntarily induced addiction or habituation to any narcotic drug as defined in the New Jersey Controlled Dangerous Substances Act, P.L.0, c. or habitual drunkenness for a period of or more consecutive months subsequent to marriage and next preceding the filing of the complaint.. The Department of Human Services shall publish a pamphlet entitled "Covenant Marriage in New Jersey." The pamphlet shall describe the requirements for entering into a covenant marriage pursuant to this act and the grounds necessary to obtain a decree of divorce. The Department shall provide the pamphlet on request to any person who provides counseling pursuant to this act.. The Department of Human Services shall adopt, pursuant to the "Administrative Procedure Act," P.L., c. 0 (C.:B- et seq.), rules and regulations necessary to implement this act.. This act shall take effect on the 0th day following enactment, except for section, which shall take effect immediately. STATEMENT The divorce rate in the United States has steadily increased since the 0's, when no-fault divorce laws became widespread. Currently, nearly one out of two marriages end in divorce. The relative ease with which a divorce can be obtained under our present system has been cited as a contributing factor in the break-up of many families. Lack of a sound family structure underlies many social ills, including poverty among women and children, juvenile violence, teenage pregnancy and drug abuse. This bill would establish covenant marriage as a new type of marriage contract in New Jersey which recognizes a true lifetime commitment by the couple. Under a covenant marriage, it becomes more difficult to get married, since pre-marital counseling is required. It also becomes more difficult to obtain a divorce, since divorce is allowed only on grounds of marital fault.

7 A0 TALARICO Under the bill, persons who wish to marry would have the option to enter into a covenant marriage. If they choose this option, the couple would be required to undergo premarital counseling and to sign a statement describing their commitment to the marriage. If a couple is married pursuant to a covenant marriage, a divorce can be granted only on certain limited grounds. Persons undergoing a covenant marriage would be required to sign the following statement: "A COVENANT MARRIAGE We 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 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. If we experience marital difficulties, we commit ourselves to take all reasonable efforts to preserve our marriage, including marital counseling. With full knowledge of what this commitment means, we do declare that our marriage will be bound by New Jersey law on covenant marriages and we promise to love, honor and care for one another as husband and wife for the rest of our lives." The couple would also be required to sign an affidavit that they have received premarital counseling from a member of the clergy or from a marriage counselor. Premarital counseling would be required to include 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 marital counseling in times of marital difficulties and a discussion of the exclusive grounds for terminating a covenant marriage. The bill also provides that a notarized attestation confirming that premarital counseling took place, which is signed by the clergy or counselor who performed the counseling, must be submitted with the application for a marriage license. In addition to couples wishing to marry, couples who are already married and wish to remarry would have the option to remarry under the terms of a covenant marriage. Already-married couples could also choose to convert their existing marriages into covenant marriages under the bill. Under the bill, a divorce in a covenant marriage could be granted only if the parties have obtained counseling and the court finds any of the following: a. The defendant spouse has committed adultery; b. The defendant spouse has committed a crime and has been sentenced to a term of imprisonment;

8 A0 TALARICO c. The defendant spouse has abandoned the marital residence for at least one year and refuses to return. d. The defendant spouse has physically or sexually abused the plaintiff, a child or a relative of either spouse permanently residing in the matrimonial residence; has committed domestic violence as defined in the "Prevention of Domestic Violence Act of," P.L., c. (C.C:- et seq.); or has committed emotional abuse. The bill is modeled on statutes in effect in the states of Louisiana and Arizona.