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Tennessee Bill Aims to Create ‘Covenant Marriages’

Bill would restrict divorces pending certain situations, excludes same-sex marriage

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A new bill introduced to this Tennessee General Assembly session by TN Representative Gino Bulson, aims to create covenant marriages in the state.

A Covenant Marriage is defined is the proposal as:

“A marriage entered into by one (1) male and one (1) female, each having reached the age of majority, who understand and agree that marriage is a lifelong relationship. Parties to a covenant marriage must receive counseling emphasizing the nature, purposes, and responsibilities of marriage. Only when there has been a complete and total breach of the marital covenant commitment may the non-breaching party seek a declaration that the marriage is no longer legally recognized.”

When applying for a covenant marriage, the couple must execute a declaration of intent, and, according to the proposal, state the following:

“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 we both may live. We have chosen each other carefully and disclosed to one another everything which could adversely affect the decision to enter into this marriage. We have received premarital counseling on the nature, purposes, and responsibilities of marriage. We have read the Tennessee Covenant Marriage Act, and 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 attending marriage counseling. With full knowledge of what this commitment means, we do hereby declare that our marriage will be bound by the laws of this state on covenant marriage, and we promise to love, honor, and care for one another as husband and wife for the rest of our lives.”

The proposal would also require that the couple receive counseling that includes a discussion on the seriousness of a covenant marriage, including communication that such a marriage is a “commitment for life.”

Previously married couples could also seek this to designate their current marriage as such.

In order to obtain a divorce after entering a covenant marriage, the couple must first obtain counseling and then provide proof of the following:

1)The other spouse has committed adultery

2) The other spouse has committed a felony and has been sentenced to death or continuous confinement

3)The other spouse has abandoned the matrimonial domicile for a period of one (1) year and repeatedly refuses to return

4) The other spouse has physically or sexually abused the spouse seeking the divorce or a child of one (1) of the spouses

5)The spouses have been living separately and apart continuously without reconciliation for a period of two (2) years

6)The spouses have been living separately and apart continuously without reconciliation for a period of one (1) year from the date of legal separation

7) If there is a minor child or children of the marriage, the spouses have been living separately and apart continuously without reconciliation for a period of one (1) year and six (6) months from the date the legal separation was signed; provided, however, if abuse of a child of the marriage or a child of one (1) of the spouses is the basis for which legal separation was obtained, then a judgment of divorce may be obtained if the spouses have been living separately and apart continuously without reconciliation for a period of one (1) year from the date the legal separation was signed.

The proposal further states that unless the couple is legally separated, they cannot sue each other except for “causes of action” pertaining to contracts, restitution fo separate property, legal separation in covenant marriages, divorce, declaration of nullity from the marriage, spousal support or child support.

According to the language in the proposal, a legal separation in a covenant marriage does not dissolve the bond of matrimony, because the separated husband and wife are not at liberty to marry again. A legal separation puts an end to their cohabitation of husband and wife.

Due to the language in the proposal “a man and a woman”, same sex marriages would not be allowed to apply for a covenant marriage in the state of Tennessee.