CSHB 390(JUD): "An Act relating to marriage; and amending Rules 54 and 56, Alaska Rules of Civil Procedure."
00CS FOR HOUSE BILL NO. 390(JUD) 01 "An Act relating to marriage; and amending Rules 54 and 56, Alaska Rules of 02 Civil Procedure." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 25.05 is amended by adding a new section to read: 05 Sec. 25.05.015. Charter marriages. A charter marriage is a marriage 06 authorized under AS 25.05.011 between a man and a woman who have 07 (1) agreed that the marriage between them will be a lifelong 08 relationship; 09 (2) received counseling emphasizing the nature, purposes, and 10 responsibilities of marriage; 11 (3) declared in their application for a marriage license their intent to 12 enter into a charter marriage as required under AS 25.05.091(c); and 13 (4) have executed a declaration of intent to contract a charter marriage 14 under AS 25.05.096.
01 * Sec. 2. AS 25.05.091 is amended by adding a new subsection to read: 02 (c) If an application under (a) of this section is for a charter marriage, the 03 application must, in addition to the requirements of (a) and (b) of this section, include 04 a statement substantially similar to the following: 05 We, (Name of Intended Husband) and (Name of Intended Wife), 06 declare our intent to contract a charter marriage and, accordingly, have 07 executed a declaration of intent to contract a charter marriage that is 08 attached to this application. 09 * Sec. 3. AS 25.05 is amended by adding a new section to read: 10 Sec. 25.05.096. Declaration of intent for charter marriage. The declaration 11 of intent to contract a charter marriage that is required under AS 25.05.091(c) must 12 include 13 (1) a recitation by each party that the party 14 (A) intends to enter into a charter marriage governed by the 15 laws of this state; 16 (B) understands and agrees that the marriage will be a lifelong 17 relationship; 18 (C) has received counseling emphasizing the nature, purposes, 19 and responsibilities of marriage; 20 (D) believes that the party's intended mate is a wise choice as 21 a mate for life; 22 (E) has disclosed to the intended mate all facts that may 23 adversely affect the intended mate's decision to enter into the charter marriage; 24 and 25 (F) is committed to seeking marital counseling to strengthen the 26 marital relationship if the parties have marital difficulties; 27 (2) an affirmation by the parties that both parties have received 28 counseling from a priest, minister, rabbi, clerk of the religious society of friends, 29 clergy member of a religious sect, psychologist, psychological associate, licensed 30 clinical social worker, or marital and family therapist that included 31 (A) a discussion of the seriousness of charter marriage;
01 (B) communication of the fact that a charter marriage is a 02 commitment for life; and 03 (C) receipt of a copy of AS 25.24.270 and 25.24.275; 04 (3) an attestation by the counselor that the parties were counseled as 05 to the nature, purposes, and responsibilities of marriage; the attestation must be signed 06 by the counselor but need not be notarized; and 07 (4) the notarized signatures of both parties. 08 * Sec. 4. AS 25.05.111 is amended by adding new subsections to read: 09 (c) If the parties to the marriage have complied with AS 25.05.015, the 10 licensing officer shall indicate on the marriage license that the parties have entered into 11 a charter marriage. 12 (d) If the parties to the marriage have not complied with AS 25.05.015, the 13 licensing officer shall indicate on the marriage license that the parties have entered into 14 a testament marriage. 15 * Sec. 5. AS 25.05.321 is amended by adding a new subsection to read: 16 (b) A marriage certificate for a charter marriage and copies of a marriage 17 certificate for a charter marriage must include a designation that the parties entered 18 into a charter marriage. 19 * Sec. 6. AS 25.24.050 is amended to read: 20 Sec. 25.24.050. Grounds for divorce. (a) Except as provided in (b) of this 21 section, a [A] divorce may be granted for any of the following grounds: 22 (1) failure to consummate the marriage at the time of the marriage and 23 continuing at the commencement of the action; 24 (2) adultery; 25 (3) conviction of a felony; 26 (4) wilful desertion for a period of one year; 27 (5) either 28 (A) cruel and inhuman treatment calculated to impair health or 29 endanger life; 30 (B) personal indignities rendering life burdensome; or 31 (C) incompatibility of temperament;
01 (6) habitual gross drunkenness contracted since marriage and continuing 02 for one year before [PRIOR TO] the commencement of the action; 03 (7) [REPEALED 04 (8)] incurable mental illness when the spouse has been confined to an 05 institution for a period of at least 18 months immediately preceding the commencement 06 of the action; the status as to the support and maintenance of the mentally ill person 07 is not altered in any way by the granting of the divorce; 08 (8) [(9)] addiction of either party, subsequent to the marriage, to the 09 habitual use of opium, morphine, cocaine, or a similar drug. 10 * Sec. 7. AS 25.24.050 is amended by adding a new subsection to read: 11 (b) A spouse to a charter marriage may obtain a judgment of divorce only 12 upon proof of one of the following: 13 (1) the other spouse has committed adultery; 14 (2) the other spouse has been convicted of a felony and has been 15 sentenced to death or a term of incarceration of three years or more; 16 (3) the other spouse has abandoned the matrimonial domicile for one 17 year and consistently refuses to return; or 18 (4) the spouses have been living separately and apart continuously 19 without reconciliation for one year after the date of a judgment of separation from bed 20 and board was signed under AS 25.24.270 and 25.24.275, except that, if there is a 21 minor child of the marriage, the spouses must have been living separately and apart 22 continuously without reconciliation for 18 months from the date the judgment of 23 separation from bed and board was signed. 24 * Sec. 8. AS 25.24.110 is amended to read: 25 Sec. 25.24.110. Separate domicile or residence. In an action for divorce or 26 separation from bed and board , a spouse may acquire a separate residence or 27 domicile from that of the other spouse without reference among other factors to 28 misconduct or consent of the other spouse. 29 * Sec. 9. AS 25.24.130 is amended to read: 30 Sec. 25.24.130. Defenses to other divorce grounds. When the divorce action 31 is for any of the grounds provided in AS 25.24.050(a)(4) - (6) or (b)(3)
01 [AS 25.24.050(4) - (6)], the defense of procurement or that the defendant has been 02 expressly forgiven may be made. When the divorce action is for the ground provided 03 in AS 25.24.050(a)(3) or (b)(2) [AS 25.24.050(3)], the defense of procurement or that 04 the defendant has been expressly forgiven or that the action was not brought within 05 two years after conviction may be made. 06 * Sec. 10. AS 25.24.150(a) is amended to read: 07 (a) In an action for divorce , separation from bed and board, or [FOR] legal 08 separation or for placement of a child when one or both parents have died, the court 09 may, if it has jurisdiction under AS 25.30.020 [,] and is an appropriate forum under 10 AS 25.30.050 and 25.30.060, during the pendency of the action [,] or at the final 11 hearing or at any time thereafter during the minority of a child of the marriage, make, 12 modify, or vacate an order for the custody of or visitation with the minor child that 13 may seem necessary or proper, including an order that provides for visitation by a 14 grandparent or other person if that is in the best interests of the child. 15 * Sec. 11. AS 25.24.200(a) is amended to read: 16 (a) Except as provided in (f) of this section, a [A] husband and wife together 17 may petition the superior court for the dissolution of their marriage under 18 AS 25.24.200 - 25.24.260 if the following conditions exist at the time of filing the 19 petition: 20 (1) incompatibility of temperament has caused the irremediable 21 breakdown of the marriage; 22 (2) if there are unmarried children of the marriage under the age of 19 23 or the wife is pregnant, and the spouses have agreed on which spouse or third party 24 is to be awarded custody of each minor child of the marriage and the extent of 25 visitation, including visitation by grandparents and other persons if in the child's best 26 interests, and support to be provided on the children's behalf, whether the payments 27 are to be made through the child support enforcement agency and the tax consequences 28 of that agreement; 29 (3) the spouses have agreed as to the distribution of all jointly owned 30 real and personal property, including retirement benefits, and the payment of spousal 31 maintenance, if any, and the tax consequences resulting from these payments; the
01 agreement must be fair and just and take into consideration the factors listed in 02 AS 25.24.160(a)(2) and (4) so that the economic effect of dissolution is fairly 03 allocated; and 04 (4) the spouses have agreed as to the payment of all unpaid obligations 05 incurred by either or both of them, and as to payment of obligations incurred jointly 06 in the future. 07 * Sec. 12. AS 25.24.200(b) is amended to read: 08 (b) Except as provided in (f) of this section, a [A] husband or wife may 09 separately petition for dissolution of their marriage under AS 25.24.200 - 25.24.260 10 if the following conditions exist at the time of filing the petition: 11 (1) incompatibility of temperament, as evidenced by extended absence 12 or otherwise, has caused the irremediable breakdown of the marriage; 13 (2) the petitioning spouse has been unable to ascertain the other 14 spouse's position in regard to the dissolution of their marriage and in regard to the fair 15 and just division of property, including retirement benefits, spousal maintenance, 16 payment of debts, and custody, support , and visitation because the whereabouts of the 17 other spouse is unknown to the petitioning spouse after reasonable efforts have been 18 made to locate the absent spouse; and 19 (3) the other spouse cannot be personally served with process inside or 20 outside the state. 21 * Sec. 13. AS 25.24.200 is amended by adding a new subsection to read: 22 (f) A spouse to a charter marriage may not petition for the dissolution of the 23 marriage under AS 25.24.200 - 25.24.260. 24 * Sec. 14. AS 25.24 is amended by adding new sections to read: 25 Article 2A. Separation from Bed and Board in a Charter Marriage. 26 Sec. 25.24.270. Separation from bed and board. (a) A spouse to a charter 27 marriage may obtain a judgment of separation from bed and board only on proof of 28 having obtained personal counseling within the six months preceding the date of filing 29 the petition for separation of bed and board and proof that 30 (1) the spouses have been living separately and continuously apart 31 without reconciliation for one year; or
01 (2) the other spouse has 02 (A) committed adultery; 03 (B) been convicted of a felony under AS 11.41 or convicted of 04 an offense under a law in another jurisdiction with elements substantially 05 similar to a felony under AS 11.41; 06 (C) abandoned the matrimonial domicile for one year and 07 consistently refuses to return; 08 (D) physically abused the petitioning spouse; 09 (E) physically or sexually abused a child of the marriage or a 10 child of one of the spouses; 11 (F) been habitually intemperate in the consumption of alcohol 12 or in the use of drugs; 13 (G) treated the petitioning spouse cruelly in a manner that 14 impairs the health or endangers the life of the petitioning spouse; or 15 (H) inflicted on the petitioning spouse personal indignities 16 rendering life burdensome. 17 (b) During the pendency of an action for separation from bed and board under 18 this section, the court may, upon application and in appropriate circumstances, issue 19 orders that are authorized under AS 25.24.140 during the pendency of divorce 20 proceedings. 21 (c) The court may not make a judgment on the pleadings, except for a default 22 judgment, or grant a summary judgment in an action for separation from bed and 23 board under this section. 24 Sec. 25.24.275. Effect of decree. A decree of separation from bed and board 25 issued under AS 25.24.270 26 (1) does not dissolve the bond of matrimony; the separated husband and 27 wife are not at liberty to marry again; 28 (2) puts an end to the parties' conjugal cohabitation and to the common 29 concerns that existed between them; 30 (3) remains in effect until either reconciliation or divorce. 31 * Sec. 15. COURT RULE CHANGE. AS 25.24.270(c), enacted by sec. 14 of this Act, has
01 the effect of amending Rules 54 and 56, Alaska Rules of Civil Procedure, by prohibiting a 02 court from making a judgment on the pleadings, except for a default judgment, or granting 03 a summary judgment in an action for separation from bed and board in a charter marriage. 04 * Sec. 16. AS 25.05.111(d), enacted by sec. 4 of this Act, applies to marriage licenses 05 issued on or after the effective date of this Act.