Sectional Analysis for House Bill 390

"An Act Relating to Marriage; and Amending Rules 54 and 56, Alaska Rules of Civil Procedure."

Section 1: Defines charter marriage: A charter marriage requires a couple to receive counseling before marriage, and in times of conflict prior to seeking a divorce. A couple expressly designates their union a charter marriage on the official records and license granted by the state.

Section 2: Illustrates the application process for charter marriage.

Section 3: Charter marriage requires premarital counseling from a marital counselor or priest, minister, rabbi or similar clergyman of any religious sect.

Section 4: Applies to marriage licenses issued. Indicates that parties have complied with charter marriage requirements. If they do not comply, license shall indicate the couples have entered into a testament marriage.

Section 5: Marriage certificate designates parties have entered into charter marriage.

Section 6: Provides an exception to existing divorce laws accommodating the new charter marriage.

Section 7: Establishes divorce options for charter marriage. A spouse in charter marriage must prove:

1. adultery
2. conviction of a felony that is a crime against persons
3. abandonment
4. separation for one year without reconciliation

Section 8: Technical reference to separation of bed and board.

Section 9: Technical reference to section 6.

Section 10: Amendment to include charter marriage.

Section 11-12: Refers to existing dissolution of testament marriage.

Section 13: Couples of charter marriage may not petition for dissolution.

Section 14: Explains "separation of bed and board." One divorce option is for a couple to request a court acknowledged separation for 1 year, but they must have received counseling within 6 months prior to filing for separation. To obtain a separation a spouse must also prove the other spouse has:

1. committed adultery
2. been convicted a felony that is a crime against persons
3. abandoned household for 1 year and refuses to return
4. physically abused spouse
5. physically or sexually abused a child of the marriage
6. been intemperate in consumption of alcohol or drugs
7. treated spouse cruelly endangering life or impairing health
8. inflicted personal indignities rendering life burdensome

Section 15: Amends Court Rules 54 and 56.

Section 16: Effective date applies to charter marriages after this date.

Last updated February 23, 1998