Covenant Marriage: The Movement to Reclaim Tradition in America

Appendix B: The Law of Covenant Marriage in Louisiana

161 Appendix B: The Law of Covenant Marriage in Louisiana Regular Session, 1997 HOUSE BILL NO. 756 [Louisiana] BY REPRESENTATIVES PERKINS, DONELON, BRUN, DANIEL, DIEZ, DIMOS, DOWNER, FARVE, FAUCHEUX, FLAVIN, FONTENOT, FRUGE, GAUTREAUX, JENKINS, JETSON, JOHNS, KENNARD, LANCASTER, MCCALLUM, MURRAY, ROMERO, ROUSSELLE, THORNHILL, VITTER, WALSWORTH, WESTON, WIGGINS, WILLARD-LEWIS, WINDHORST, AND WRIGHT AND SENATORS DEAN, GREENE, HAINKEL, AND SHORT AN ACT To amend and reenact Civil Code Articles 102 and 103 and R.S. 9:234 and 245(A)(1) and to enact R.S. 9:224(C) and 225(A)(3), Part VII of Chapter 1 of Code Title IV of Code Book I of Title 9 of the Louisiana Revised Statutes of 1950, comprised of R.S. 9:272 through 275, and R.S. 9:307, 308, and 309, all relative to covenant marriages; to provide for a declaration on the application for a marriage license; to provide prerequisites to entering into a covenant marriage, including counseling; to authorize the entering into a covenant marriage by couples already married; to provide for indication thereof on the marriage certificate; to provide the exclusive means to terminate a covenant marriage; to provide with respect to jurisdiction, venue, and incidental relief; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. Civil Code Articles 102 and 103 are hereby amended and reenacted to read as follows: Art. 102. Judgment of divorce; living apart one hundred eighty days prior to rule Except in the case of a covenant marriage, a divorce shall be granted upon motion of a spouse when either spouse has filed a petition for divorce and upon proof that one hundred eighty days have elapsed from the service of the petition, or from the 162 Appendix B execution of written waiver of the service, and that the spouses have lived separate and apart continuously for at least one hundred eighty days prior to the filing of the rule to show cause. The motion shall be a rule to show cause filed after all such delays have elapsed. Art. 103. Judgment of divorce; other grounds Except in the case of a covenant marriage, a divorce shall be granted on the petition of a spouse upon proof that: (1) The spouses have been living separate and apart continuously for a period of six months or more on the date the petition is filed; or (2) The other spouse has committed adultery; or (3) The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor. Section 2. R.S. 9:234 and 245(A)(1) are hereby amended and reenacted and R.S. 9:224(C) and 225(A)(3) are hereby enacted to read as follows: 224. Same; information required * * * C. In cases wherein the parties intend to contract a covenant marriage, the application for a marriage license must also include the following: “We, [name of intended husband] and [name of intended wife], do hereby declare our intent to contract a Covenant Marriage and, accordingly, have executed a declaration of intent attached hereto.” 225. Same; attachments A. An application for a marriage license shall be accompanied by: * * * (3) If applicable, the declaration of intent for a covenant marriage, as provided in Part VII of this Chapter. * * * 234. Time and date; indication of covenant marriage The official who issues the marriage license shall show on the face of it the exact time and date of issuance. The official shall also indicate on the marriage license whether the parties intend to enter into a covenant marriage. * * * 245. Marriage certificate Appendix B 163 A.(1) The marriage certificate is the record prepared for every marriage on a form approved by the state registrar of vital records. It shall contain the information prescribed . On the face of the certificate shall appear the certification to the fact of marriage including, if applicable, a designation that the parties entered into a covenant marriage, signed by the parties to the marriage and by the witnesses, and the signature and title of the officiant. * * * Section 3. Part VII of Chapter 1 of Code Title IV of Code Book I of Title 9 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 9:272 through 275, is hereby enacted to read as follows: PART VII. COVENANT MARRIAGE 272. Covenant marriage; intent; conditions to...