Texas Legislature to Consider "Covenant Marriage"
This spring, the Texas Legislature began considering whether to revise the Family Code to include provisions for the creation and dissolution of a "covenant marriage." Essentially, when couples obtain their marriage license from the County Clerk's office, they will have to elect whether or not they want a covenant marriage. House Bill 180 is on the general calendar for May 8, 2007.
The Texas House Committee's analysis indicates:
C.S.H.B. 180 amends the Family Code to provide for the creation of a covenant marriage and the collection of applicable fees. The bill provides that applicants for a marriage license select either a covenant or non-covenant marriage license. The bill requires the county clerk to indicate on the marriage license whether the license is for a covenant marriage.
The bill provides that if a couple is already married, those applicants are authorized to designate an existing marriage as a covenant marriage by filing a signed and notarized affidavit with the clerk of the county that issued the original marriage license, or with the clerk of the county in which the couple resides if the marriage was entered into outside the state. The bill requires the county clerk to designate on the marriage license that the marriage is a covenant marriage and attach a copy of the affidavit to the marriage license upon receipt of the affidavit and a copy of the original marriage license.
The bill provides that a couple receive counseling from a legally authorized marriage counselor before entering into or if designating a marriage as a covenant marriage. The bill authorizes the counselor to discuss other topics considered important to the couple's understanding of the marital commitment. The bill requires the counselor to:
1.) ensure that the couple discusses important personal issues, including financial issues and conflict resolution;
2.) discuss the seriousness of a covenant marriage;
3.) inform the couple that a covenant marriage is a lifetime commitment; and
4.) inform the couple of the obligation to seek marital counseling in times of marital difficulties.
As with anything there are pros and cons. Supporters of House Bill 180 hope that the option for a covenant marriage will reduce the number of divorce petitions filed, while opponents are concerned that marriage dissolution and issues of personal safety will be unnecessarily complicated for spouses suffering from domestic violence or the other spouse's substance abuse.
Interested parties should monitor House Bill 180 closely as it makes its way through committee and on through the Senate.
