Proposed Law Would Ban Incompatability as Grounds for Divorce in Oklahoma Covenant Marriages
A proposed new law, House Bill 1026, would ban "incompatibility” as grounds for divorce for Oklahomans who choose to enter into a covenant marriage. The new form of marriage proposed in the Legislature would make it harder to get divorced and require the couple to "agree that the marriage between them is a lifelong relationship.”
That bill and several others attempt to lower the divorce rate, which is about 5 divorces per 1,000 Oklahomans each year.
Experts said Oklahoma and neighboring Bible belt states have some of the highest divorce rates. Nationwide statistics on divorce and marriage rates are hard to calculate though, as each state has a different reporting method.
Ten years ago, the divorce rate was 6.8 divorces for every 1,000 Oklahomans. But marriages also have decreased since, from 9 marriages for every 1,000 people in 1994 to 6.4 marriages for every 1,000 people in 2004.
Covenant marriage
A covenant marriage would take some extra steps for couples electing to have one. The pair would have to go to marriage counseling at least 15 days before the wedding. They also would have to recite a declaration to each other to enter into a covenant marriage, saying "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.”
The couple must agree that they have disclosed everything to one another that might have an adverse effect on the marriage and agree that in difficult times all reasonable efforts would be taken — including marriage counseling — to preserve the marriage.
Rep. John Wright, author of House Bill 1026, said such an optional form of matrimony would lead to a higher level of commitment between partners — and fewer divorces. Couples would choose a covenant marriage as a way to hold themselves up to a higher standard of working through problems without considering divorce first, Wright said. "Any couple has trying times in their marriage, but successful couples learn how to work through their problems,” said Wright, R-Broken Arrow. "This eliminates the easy-out mechanism.”
Couples choosing to have a covenant marriage would have fewer options for getting a divorce. Couples now can divorce because of incompatibility, but Wright's bill removes that option. The bill leaves only adultery, abuse, abandonment, fraud or a separation period of at least 18 months without reconciliation as grounds.
Robert Spector, a University of Oklahoma family law professor, said covenant marriage is not likely to reduce Oklahoma's divorce rate. Making divorce more difficult will only lead to more money in attorneys' pockets, he said.
In other states with covenant marriages laws, such as Louisiana and Arkansas, Spector said fewer than 5 percent of couples elect such a union. Oklahoma's high divorce rate stems from lack of a counseling requirement to get married and the young age at which Oklahomans tend to marry, he said.
The rate decrease in the state during the past decade had less to do with the law than the relatively good economic times the state has seen, Spector added.
Combating high divorce rates
Oklahoma County Commissioner and former state representative Ray Vaughn tried unsuccessfully for years to get a covenant marriage law. He said the change would "show the state believes in marriage” and make couples realize that divorce should be the last alternative when troubles arise. "Our record on divorce in Oklahoma is so abysmal, anything we can do to shore that up, we need to be doing,” Vaughn said.
Sen. Richard Lerblance, chairman of the Senate Judiciary Committee, has refused to hear a similar bill — Senate Bill 148 — saying it is not the state's role to force a couple to stay married against their will. "The laws we have on marriage in Oklahoma are adequate at this time, and I don't see any need to expand or limit them,” said Lerblance, D-Hartshorne. "There is no use in making it harder to terminate a marriage destined for failure.”
Mary Myrick, director of the Oklahoma Marriage Initiative, said she is glad lawmakers are broaching the subject of the state's high divorce rate and are seeking answers. "We know the problem is huge and that there is probably not just one solution,” she said. "We try to keep this issue on the front burner of people's minds.”
Other bills under consideration that may further deter divorces in Oklahoma include eliminating common law marriage in the state — House Bill 1559 — and extending the period of time a couple must wait to have a divorce if they have children unless they agree to marriage counseling — House Bill 1093.
Source: "I (really) do" by Jennifer Mock, Capitol Bureau correspondent for the Daily Oklahoman at NewsOK.com.
Current status of covenant marriage:
According to Americans for Divorce Reform, by mid 2006, covenant marriages are only available in Arizona, Arkansas and Louisiana. However, the Arizona law does not define a "true" covenant marriage because it allows divorce if "the husband and wife both agree..."
Legislation is (or has been) actively proposed in at least Alabama, California, Georgia, Indiana, Iowa, Kansas, Maryland, Minnesota, Mississippi, Missouri, Ohio, Oklahoma, Oregon, Nebraska, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia and Washington state. 1
1997: Louisiana Covenant Marriage Act:
Louisiana became the first state to offer covenant marriages. The marriage act was changed on 1997-JUL-15 and came into effect on 1997-AUG-15. It requires couples to complete a statement of intent, recite a declaration, prove that they have gone through pre-marital counseling. There is a provision in the law so that already-married couples can convert their relationship to a covenant marriage.
1998: Arizona Covenant Marriage Law:
Senate bill 1133 is titled the "Arizona Covenant Marriage Law of 1998." 2 It was signed into law by the Governor on 1998-MAY-21, and came into effect on AUG-21. It requires:
The couple to sign a declaration in which they state that:
They regard marriage as a lifelong relationship.
They have chosen each other carefully .
They have received pre-marital counseling.
If they experience marital difficulties, they commit themselves to take all reasonable efforts to preserve their marriage, including counseling.
They promise to love, honor and care for one another until death.
The couple to prove that they have completed marital counseling.
A divorce for a spouse in a covenant marriage may only be granted upon proof that the other spouse has:
Committed adultery, or
Habitually abused drugs or alcohol, or
Been imprisoned for a felony, or
Has abandoned the home for at least 12 months before the spouse files for divorce, and refuses to return, or
Committed physical abuse, sexual abuse, domestic violence, or emotional abuse against their spouse, a child, or a relative living in the home.
An alternative ground for divorce is separation for a period of time (12, or 24 months, depending upon various criteria).
Even if the above grounds are not present, a divorce may be granted if both spouses agree to a dissolution of their marriage.
A spouse in a covenant marriage can obtain a judgment of judicial separation if they have first obtained counseling and if:
The other spouse has committed adultery, has been imprisoned for a felony, has committed domestic violence or physical, emotional or sexual abuse of the spouse, a child, or a relative who lives in the home, or
They have been living apart without reconciliation for 24 months, or
The other spouse has rendered their living together insupportable due to habitual intemperance or ill treatment, or
The other spouse has habitually abused drugs or alcohol.
The law provides a procedure whereby a couple who are already married may declare theirs to be a covenant marriage. They do not have to provide proof of marital counseling.
2001: Arkansas: Covenant Marriage Act :
The divorce rate in Arkansas is one of the highest in the U.S. Legislators were motivated to create provision for covenant marriages as an effort to reduce the rate of marriage failure.
House Bill 2039 is titled "Covenant Marriage Act of 2001." 3 It become law in 2001. It provides for:
Marriage licenses to have a statement of intent to be completed by one or both spouses that the "...declare our intent to contract a Covenant Marriage..."
Spouses to sign a declaration of a covenant marriage in which they state that:
They regard marriage as a lifelong relationship.
They have received pre-marital counseling.
They have read the Covenant marriage Act of 2001.
If they experience marital difficulties, they commit themselves to take all reasonable efforts to preserve their marriage, including counseling.
They promise to love, honor and care for one another until death.
A divorce for a spouse in a covenant marriage may only be granted upon proof that the other spouse has:
Committed adultery, or
Been imprisoned for a felony or "other infamous crime," or
Committed sexual or physical abuse on a spousal or child.
An alternative ground is separation for a period of time (12, 24 or 30 months, depending upon various criteria).
A spouse in a covenant marriage can obtain a judgment of judicial separation if they have first obtained counseling and if:
The other spouse has committed adultery, has been imprisoned for a felony, or has physically or sexually abused the spouse or a child, or
They have been living apart without reconciliation for 24 months, or,
The other spouse has rendered their condition intolerable, for example by habitual drunkenness for one year, or by "cruel and barbarous treatment."
Already-married couples may designate their marriage to be a covenant marriage.
One wonders what the definition of an "infamous crime" is.
2002: Oklahoma: House Bill 2461:
In an effort to reduce Oklahoma's high divorce rate, Rep. Ray Vaughan, (R-Edmond), and Sen. Owen Laughlin, (R-Woodward) introduced house bill 2461 into the Oklahoma Legislature. Oklahoma typically has the second or third highest divorce rate in the U.S. The bill passed both the House (by a vote of 91 to 6) and the Senate. If signed into law, the bill would have enabled heterosexual engaged couples to choose to have a covenant marriage. The existing laws on marriage would be retained, so that couples could also choose to have a regular marriage which allows for no-fault divorce.
The covenant marriage law would have required couples who choose this path to seek premarital counseling. They would have had to give a declaration of intent before they married. If their marriage starts to disintegrate, they would first seek counseling. Divorce would still be allowed, on grounds of abandonment for one year, separation for 18 months, adultery, mental or physical abuse or fraud. However, divorce for incompatibility would no longer be available. The state would have written and printed a "Guide for Covenant Marriages."
Mike Jestes, executive director of the Oklahoma Family Policy Council, said "Covenant marriage in Oklahoma will be a choice to strengthen commitment between couples, and give you a chance to say, prior to marriage, 'Let's get some solid counseling, and if for any reason during this marriage we decide we have some problems, let's don't get out of it without really counseling.' " 6,7 Of course, a couple can always decide to engage in pre-marital counseling and then choose to have a "regular" marriage.
By 2002-MAY-9, the House and Senate versions of the bill still had to be harmonized in a conference committee. Several senators who had earlier voted for the bill changed their minds during the conference committee. The bill was killed by only one vote. 8
2004: Iowa: Premarital Counseling Bill:
In 2002, a covenant marriage bill was passed by the Iowa Senate, but did not proceed.
In 2004-MAR, a covenant bill H.J. 467.2 was introduced into the House. It had most of its features stripped away through a long series of amendments. This left a bill with two main provisions:
A couple could get married after a three day waiting period after obtaining their license if they had undergone at least 12 hours of premarital counseling by a counselor acceptable to the state. Without counseling, the waiting period would be 20 days.
The couples file a parenting plan if they divorce or separate and have minor children.
The bill passed the house 77 to 20. It passed the senate 33 to 14. But the governor vetoed the bill on 2004-MAY-14.
Note:
The above descriptions are a general overview of covenant marriage. Do not base any personal decisions on them. First, read the actual laws in your state or consult a lawyer who is skilled in family law.
Kristie Rutherford, "Okla. Marriage Bill Killed: A bill designed to strengthen marriage in Oklahoma has died." Focus on the Family, 2002-JUN-5, at: http://www.family.org/
"House File 2455 -- An act establishing marriage and domestic relations requirements and providing an effective date," Iowa legislature, at: http://www.legis.state.ia.us/
Copyright @ 2007 Ann Wright Back at Oklahoma Law 4 Families [OKlaw4families.com]. All rights reserved. See Legal Disclaimer. 406 South Boulder, Suite 400, Tulsa, Oklahoma 74103 918/599-0426.
