Reference Title: marriage; sexually transmitted diseases

AN ACT
AMENDING SECTIONS 25-111, 25-121, 25-122, 25-123, 25-125, 25-126, 25-127, 25-312, 25-313, 25-314, 25-901 AND 25-902, ARIZONA REVISED STATUTES; RELATING TO MARRIAGE LICENSES.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 25-111, Arizona Revised Statutes, is amended to read:

25-111 . Requirement of license and solemnization; covenant marriages

A. A marriage may SHALL not be contracted by agreement without a marriage ceremony.

B. A marriage contracted within this state is not valid unless all of the following occur:

1. A license is issued as provided in this title.

2. The marriage is solemnized by a person authorized by law to solemnize marriages , or by a person purporting to act in such capacity and believed in good faith by at least one of the parties to be so authorized.

3. The marriage is solemnized before the expiration of the marriage license application .

C. THE REQUIREMENTS OF THIS SECTION DO NOT APPLY TO THE CONVERSION OF AN EXISTING MARRIAGE THAT IS VALID IN THIS STATE TO A COVENANT MARRIAGE THAT COMPLIES WITH THE REQUIREMENTS OF SECTION 25-902.

Sec. 2. Section 25-121, Arizona Revised Statutes, is amended to read:

25-121 . Marriage license; application; oath; duplicate license

A. No Persons shall NOT be joined in marriage within IN this state until a license has been obtained for that purpose from the clerk of the superior court in any county of this state. THIS SUBSECTION DOES NOT APPLY TO THE CONVERSION OF AN EXISTING MARRIAGE THAT IS VALID IN THIS STATE TO A COVENANT MARRIAGE PURSUANT TO SECTION 25-902.

B. Persons who desire WISH to marry may SHALL apply to the clerk of the superior court for a license . The clerk shall require them to take and subscribe to an oath that they will truly depose and declare AND SHALL COMPLETE AND SIGN UNDER OATH AN AFFIDAVIT PROVIDED BY THE CLERK THAT STATES their names and ages, their social security numbers , AND their places of residence and the relationship between the parties applying for the license . THE AFFIDAVIT SHALL INCLUDE A STATEMENT BY THE APPLICANTS THAT THEY UNDERSTAND THAT INFORMATION ON SEXUALLY TRANSMITTED DISEASES IS AVAILABLE FROM THE COUNTY HEALTH DEPARTMENT ON REQUEST AND THAT THESE DISEASES MAY BE TRANSMITTED TO THEIR UNBORN CHILDREN. The oath AFFIDAVIT shall be filed by the clerk , and he WHO shall then issue to the applicants a license directed to the persons authorized by law to solemnize marriage AND SHALL COLLECT THE FEE PRESCRIBED BY SECTION 12-284 . The license is sufficient authority for any such person to solemnize the marriage. The marriage license application shall state that the marriage license expires twelve months ONE YEAR from the date of issuance of the license.

C. If a certificate of marriage required to be recorded by the clerk of the superior court is lost, the clerk shall issue and record a duplicate certificate of marriage upon presentation of an affidavit describing the circumstances of the marriage ceremony which is signed by the person who solemnized the marriage, the persons married and the witnesses to the marriage certificate.

Sec. 3. Section 25-122, Arizona Revised Statutes, is amended to read:

25-122 . Consent of parent or guardian of minor

The clerk of the superior court shall not issue a license TO A PERSON WHO IS UNDER EIGHTEEN YEARS OF AGE without THE consent of the parents or guardians of the parties applying therefor unless the applicants are eighteen years of age or over. When both parents are living, the consent of either parent is sufficient. When the parents are living apart the consent shall be given by the parent who has the custody of the minor REQUIRED PURSUANT TO SECTION 25-102 .

Sec. 4. Section 25-123, Arizona Revised Statutes, is amended to read:

25-123 . Recording licenses; endorsement of solemnization; recording return; lost licenses

A. The clerk of the superior court shall MAINTAIN A record OF all marriage licenses issued.

B. The person solemnizing the rites of matrimony shall endorse the act of solemnization on the license and shall return the license to the clerk within thirty days after the solemnization. The returned marriage license shall be recorded by the clerk.

C. IF A MARRIAGE LICENSE IS LOST BEFORE THE ENDORSEMENT OF SOLEMNIZATION, THE PERSONS WHO WISH TO MARRY SHALL REAPPLY TO THE CLERK FOR A MARRIAGE LICENSE PURSUANT TO SECTION 25-121 AND PAY A FEE PURSUANT TO SECTION 12-284.

D. IF THE LICENSE THAT BEARS THE ENDORSEMENT OF SOLEMNIZATION IS LOST, THE CLERK SHALL ISSUE A REPLACEMENT LICENSE THAT MUST BE SIGNED BY THE PERSON WHO SOLEMNIZED THE MARRIAGE, THE PERSONS MARRIED AND TWO OF THE WITNESSES TO THE MARRIAGE CEREMONY. THE SIGNED REPLACEMENT LICENSE SHALL BE RETURNED TO THE CLERK WHO SHALL RECORD THE LICENSE. IF THE PERSONS MARRIED ARE UNABLE TO OBTAIN ALL OF THE REQUIRED SIGNATURES, EITHER OF THEM OR THEIR REPRESENTATIVE MAY APPLY TO THE SUPERIOR COURT FOR AN ORDER TO AUTHORIZE THE ISSUANCE OF A DUPLICATE ENDORSED MARRIAGE LICENSE. THE APPLICATION SHALL BE BY A SWORN STATEMENT THAT DESCRIBES THE CIRCUMSTANCES OF THE MARRIAGE CEREMONY AND THAT CONTAINS THE NOTARIZED SIGNATURES OF THE APPLICANT AND, IF POSSIBLE, BOTH PERSONS MARRIED, THE PERSON WHO SOLEMNIZED THE MARRIAGE AND AT LEAST TWO WITNESSES TO THE MARRIAGE CEREMONY. IF THE APPLICATION IS SUBMITTED BY A REPRESENTATIVE, THE COURT SHALL DETERMINE IF THE REPRESENTATIVE IS AN APPROPRIATE REQUESTING PARTY. PURSUANT TO A COURT ORDER, THE CLERK SHALL ISSUE AND RECORD A DUPLICATE ENDORSED MARRIAGE LICENSE. THE COURT SHALL NOT CHARGE A FEE FOR THE APPLICATION OR FOR ISSUING OR RECORDING THE DUPLICATE ENDORSED MARRIAGE LICENSE.

Sec. 5. Section 25-125, Arizona Revised Statutes, is amended to read:

25-125 . Marriage ceremony; official; witnesses; marriage license; covenant marriages

A. A valid marriage is contracted by a male person and a female person with a proper marriage license in the presence of an official WHO PARTICIPATE IN A CEREMONY CONDUCTED BY AND IN THE PRESENCE OF A PERSON WHO IS AUTHORIZED TO SOLEMNIZE MARRIAGES and AT WHICH AT LEAST two witnesses who ARE AT LEAST EIGHTEEN YEARS OF AGE participate . in a ceremony conducted:

1. By a person authorized to solemnize marriages who signs and files the marriage license with the clerk of the superior court.

2. In the presence of at least two witnesses of lawful age who sign the marriage license.

B. A MARRIAGE LICENSE SHALL BE SIGNED BY BOTH PERSONS MARRIED, TWO OF THE WITNESSES TO THE MARRIAGE CEREMONY AND THE PERSON WHO SOLEMNIZED THE MARRIAGE, WHO SHALL RETURN THE SIGNED MARRIAGE LICENSE TO THE CLERK OF THE SUPERIOR COURT FOR RECORDING.

C. THIS SECTION DOES NOT APPLY TO THE CONVERSION OF AN EXISTING MARRIAGE THAT IS VALID IN THIS STATE TO A COVENANT MARRIAGE THAT COMPLIES WITH THE REQUIREMENTS OF SECTION 25-902.

Sec. 6. Section 25-126, Arizona Revised Statutes, is amended to read:

25-126 . Application to justice of the peace for marriage and covenant marriage licenses; issuance; violation; classification

A. A justice of the peace whose office is located five miles or more from the county seat of the county in which his THE office is located may be designated by the clerk of the superior court to receive applications for and issue marriage licenses within the IN THAT county where he resides , INCLUDING COVENANT MARRIAGE LICENSES, AND TO PROCESS THE CONVERSION OF EXISTING MARRIAGES TO COVENANT MARRIAGES PURSUANT TO SECTION 25-902 . The applications FOR A MARRIAGE LICENSE shall be made on forms conforming to the provisions of section 25-121, which shall be provided by the clerk of the superior court.

B. IF REQUESTED BY THE JUSTICE OF THE PEACE DESIGNATED PURSUANT TO SUBSECTION A OF THIS SECTION, the clerk of the superior court shall , upon request of the justice of the peace designated as provided in subsection A, issue in blank such licenses as requested and charge them against the justice of the peace. The clerk shall credit the account with the amounts remitted from time to time. A justice of the peace having WHO HAS possession of marriage license forms as provided in this section shall account for such THESE forms as required by the clerk of the superior court.

C. The justice of the peace designated as provided in PURSUANT TO subsection A OF THIS SECTION shall report to the clerk the issuance of each license and remit therewith SHALL TRANSMIT the fee PRESCRIBED BY SECTION 12-284 AT THE SAME TIME . Intentional failure to transmit such THE report and fee , or the use of the authority granted by this section by the justice of the peace for his personal gain , is a class 2 misdemeanor.

Sec. 7. Section 25-127, Arizona Revised Statutes, is amended to read:

25-127 . Issuance of marriage license by a city or town; transfer of fees

A. IF A CITY OR TOWN IS MORE THAN FOUR MILES FROM THE COUNTY SEAT, the clerk of the superior court may allow a city or town clerk within the county to issue marriage licenses , if the city or town is located more than four miles from the county seat INCLUDING COVENANT MARRIAGE LICENSES AND TO PROCESS THE CONVERSION OF EXISTING MARRIAGES TO COVENANT MARRIAGES PURSUANT TO SECTION 25-902 . The clerk of the superior court may take this action only at the request of the local clerk.

B. The local clerk shall only use marriage license application forms and licenses provided by the clerk of the superior court. The clerk of the superior court shall provide the local clerk with these documents on request.

C. The local clerk shall account for all forms and blank licenses in the local clerk's possession as required by the clerk of the superior court.

D. The local clerk shall collect the fee prescribed under section 12-284 and transmit it to the clerk of the superior court.

Sec. 8. Section 25-312, Arizona Revised Statutes, is amended to read:

25-312 . Dissolution of marriage; findings necessary

The court shall enter a decree of dissolution of marriage if it finds each of the following:

1. That one of the parties, at the time the action was commenced, was domiciled in this state, or was stationed in this state while a member of the armed services, and that in either case the domicile or military presence has been maintained for ninety days prior to filing the petition for dissolution of marriage.

2. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met.

3. The marriage is irretrievably broken OR, IF THE MARRIAGE IS A COVENANT MARRIAGE, ANY OF THE GROUNDS PRESCRIBED IN SECTION 25-903 .

4. To the extent it has jurisdiction to do so, the court has considered, approved and made provision for child custody, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of property.

Sec. 9. Section 25-313, Arizona Revised Statutes, is amended to read:

25-313 . Decree of legal separation; findings necessary

A. The court shall enter a decree of legal separation if it finds each of the following:

1. That one of the parties at the time the action commenced was domiciled in this state or was stationed in this state while a member of the armed services.

2. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met.

3. The marriage is irretrievably broken or one or both of the parties desire to live separate and apart OR, IF THE MARRIAGE IS A COVENANT MARRIAGE, ANY OF THE GROUNDS PRESCRIBED IN SECTION 25-904 .

4. The other party does not object to a decree of legal separation. If the other party objects to a decree of legal separation, the court , shall upon one of the parties meeting the required domicile for dissolution of marriage , SHALL direct that the pleadings be amended to seek a dissolution of the marriage.

5. To the extent it has jurisdiction to do so, the court has considered, approved or made provisions for child custody, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of the property.

B. The court shall order that the community property rights and liabilities acquired by marriage terminate as to all property, income and liabilities received or incurred after the entry of a decree of legal separation, unless both parties agree to the contrary.

Sec. 10. Section 25-314, Arizona Revised Statutes, is amended to read:

25-314 . Pleadings; contents; defense; joinder of parties; confidentiality

A. The verified petition in a proceeding for dissolution of marriage or legal separation shall allege that the marriage is irretrievably broken or THAT one or both of the parties desire to live separate and apart, OR, IF THE MARRIAGE IS A COVENANT MARRIAGE, ANY OF THE GROUNDS PRESCRIBED IN SECTION 25-903 OR 25-904, whichever is appropriate, and shall set forth:

1. The birth date, occupation, social security number if a duty of support exists or may exist pursuant to section 25-501, and address of each party and the length of domicile in this state.

2. The date of the marriage , and the place at which it was performed AND WHETHER THE MARRIAGE IS A COVENANT MARRIAGE .

3. The names, birth dates, social security numbers and addresses of all living children, natural or adopted, common to the parties and whether the wife is pregnant.

4. The details of any agreements between the parties as to support, custody and visitation of the children and maintenance of a spouse.

5. The relief sought.

B. Either party to the marriage may initiate the proceeding.

C. The only defense to a petition for the dissolution of a marriage or legal separation shall be IS that the marriage is not irretrievably broken. IF THE MARRIAGE IS A COVENANT MARRIAGE, IT IS A DEFENSE THAT NONE OF THE GROUNDS ALLEGED FOR A DISSOLUTION OF MARRIAGE OR LEGAL SEPARATION PRESCRIBED IN SECTION 25-903 OR 25-904 ARE MET.

D. The court may join additional parties necessary for the exercise of its authority.

E. This section does not require a victim of domestic violence or a resident of a domestic violence shelter as defined in section 36-3001 to divulge the person's address, except that a means of communicating with the resident, such as a post office box or address of the person's attorney, must be disclosed.

Sec. 11. Section 25-901, Arizona Revised Statutes, is amended to read:

25-901 . Covenant marriage; declaration of intent; filing requirements

A. Persons who have the legal capacity to marry pursuant to this title may enter into a covenant marriage by declaring their intent to do so on their application for a license obtained pursuant to section 25-121 and by complying with the requirements of this chapter. The RETURNED marriage license shall be recorded as provided by section 25-123 with an indication that the marriage is a covenant marriage , AND THE DECLARATION SHALL BE FILED BY THE CLERK .

B. A declaration of intent to enter into a covenant marriage shall contain all of the following:

1. The following written statement:

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 for as long as they both 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 Arizona 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. An affidavit by the parties that they have received premarital counseling from a member of the clergy or from a marriage counselor. Premarital counseling shall include a discussion of the seriousness of covenant marriage, communication of the fact that a covenant marriage is a commitment for life, a discussion of the obligation to seek marital counseling in times of marital difficulties and a discussion of the exclusive grounds for legally terminating a covenant marriage by dissolution of marriage or legal separation.

3. The signatures of both parties witnessed by a court clerk.

C. A notarized attestation that is signed by the clergy or counselor must be submitted with the application for a license and SHALL confirm that the parties were counseled as to the nature and purpose of the marriage and the grounds for its termination and that the counselor provided to the parties the informational pamphlet developed by the supreme court pursuant to this chapter. THE CLERK SHALL DOCUMENT THAT THE ATTESTATION WAS SUBMITTED.

Sec. 12. Section 25-902, Arizona Revised Statutes, is amended to read:

25-902 . Existing marriages; conversion to covenant marriage; recording requirements

A husband and wife may enter into a covenant marriage by recording SUBMITTING TO THE CLERK OF THE SUPERIOR COURT OR ANY OTHER OFFICIAL DESIGNATED BY THE CLERK PURSUANT TO SECTION 25-126 OR 25-127 the declaration prescribed in section 25-901, subsection B , PARAGRAPHS 1 AND 3 and a certified copy of their original marriage certificate with the clerk of the superior court SWORN STATEMENT OF THE NAMES AND SOCIAL SECURITY NUMBERS OF THE HUSBAND AND WIFE AND THE DATE AND PLACE THEIR MARRIAGE WAS CONTRACTED and BY paying the marriage license fee as prescribed in section 12-284, subsection A. THE CLERK SHALL FILE ALL DOCUMENTATION REQUIRED BY THIS SECTION AND SHALL ISSUE TO THE HUSBAND AND WIFE A CERTIFICATE THAT DOCUMENTS THE CONVERSION. A husband and wife applying WHO APPLY for a covenant marriage license CONVERSION under this section need ARE not REQUIRED TO receive premarital counseling required by section 25-901 AND ARE NOT REQUIRED TO HAVE THE CONVERTED COVENANT MARRIAGE SEPARATELY SOLEMNIZED. CONVERSION TO A COVENANT MARRIAGE DOES NOT MAKE VALID A MARRIAGE THAT IS PROHIBITED PURSUANT TO THIS TITLE OR THAT IS NOT VALIDLY CONTRACTED IN THIS STATE .