45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO MARRIAGE; CREATING A COVENANT MARRIAGE FOR CERTAIN COUPLES; LIMITING THE GROUNDS ON WHICH A COURT MAY GRANT A SEPARATION OR DIVORCE; ENACTING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "Covenant Marriage Act".

Section 2. DEFINITIONS.--As used in the Covenant Marriage Act:

A. "covenant marriage" means a lawful marriage between a man and a woman who have formally agreed to the provisions of the Covenant Marriage Act;

B. "marriage counselor" means a person who by training or experience is qualified to work with individuals considering marriage or married couples to provide premarital or marital counseling; and

C. "married couple" means a man and a woman who have entered into a lawful marriage.

Section 3. COVENANT MARRIAGE--REQUIREMENTS.--

A. A man and a woman who wish to enter into a covenant marriage shall:

(1) sign a statement that reads exactly as follows:

"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 as long as they both shall 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 Mexico 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.";

(2) provide a signed and sworn statement that they have received premarital counseling from a member of the clergy or a marriage counselor, provided that the premarital counseling included:

(a) advisement that a covenant marriage is for life;

(b) discussion of the seriousness of a covenant marriage;

(c) notification of the requirement to seek marriage counseling if marital difficulties develop;

(d) notification of the limited legal grounds available for ending the marriage by legal separation or divorce; and

(e) a copy of a pamphlet describing the requirements of a covenant marriage; and

(3) provide a sworn, notarized statement from a member of the clergy or marriage counselor who provided the premarital counseling confirming that the man and woman were advised about the nature and purpose of a covenant marriage and the limited reasons for ending the marriage by legal separation or divorce and that a copy of a covenant marriage pamphlet was given to the man and woman.

B. Before a county clerk issues a marriage license to a man and a woman wishing to enter into a covenant marriage, the county clerk must certify that the requirements in Subsection A of this section have been met.

C. A married couple that wishes to convert its marriage to a covenant marriage shall provide the county clerk with:

(1) a written statement exactly as that provided in Paragraph (1) of Subsection A of this section signed by the married couple; and

(2) a sworn statement listing the names and social security numbers of the married couple and the date and place of their lawful marriage.

Section 4. COVENANT MARRIAGE--DISSOLUTION.--No legal separation or divorce shall be granted in the state to a married couple in a covenant marriage unless:

A. the spouse against whom a petition for divorce is filed has committed adultery;

B. the spouse against whom a petition for divorce is filed has been convicted of a felony and has been sentenced to imprisonment or to death;

C. the spouse against whom a petition for divorce is filed has been absent from or has abandoned the home where the married couple resided and refuses to return;

D. the spouse against whom a petition for divorce is filed has:

(1) physically or sexually abused the other spouse, a child or a relative of either spouse who lives permanently in the married couple's home; or

(2) committed domestic violence; or

E. the married couple has been granted a legal separation by the court and has been living separate and apart without reunification for at least one year from the date of legal separation.