Alaska State Legislature
News from the Office of Representative Pete Kelly

State Capitol, Room 411
Juneau, AK 99801
Phone: (907) 465-2327
web site: http//www.akrepublicans.org
Actuality line: 1-800-478-6540

Kelly Bill Creates New Option in State's Marriage Law

For Immediate Release: February 11, 1997 Contact: Rep. Pete Kelly (907) 465-2327

JUNEAU - Engaged couples in Alaska would be allowed to choose between two types of marriage contracts under a bill introduced today by Representative Pete Kellky (R-Fairbanks).

"House bill 390 allows persons applying for a marriage license a choice between two very differenct marriage contracts," stated Kelly. "Couples can have their unions recognized under the existing 'testiment' marriage law, or they can choose to enter into a 'charter' marriage. This is a 'higher tier' of marriage - more difficult to enter into, more difficult to break apart."

Charter marriages as defined by HB 390 provide an alternative to the existing "no-fault" divorce law. Couples seeking a charter marriage are required to receive premarital counseling. They must also sign a declaration stating their understanding that marriage is a lifelong relationship and agreeing to seek counseling in case of marital difficulties. Divorces are granted only after a finding of fault by the other spouse, such as adultry or conviction of a crime against persons. Under a charter marriage, divorce for other grounds, such as incompatibility, will only be granted after a significant waiting period and additional counseling.

Representative Kelly stated his bill will provide a useful dialog among couples seeking marriage. "The first decison couples have to make is whether they want the easy in easy out type of marriage or the kind of marriage that recognizes a lifelong commitment. If the couple can't agree on that then maybe they won't get married in the first place. I think the net result of this initial dialogue will be fewer failed marriages and fewer broken families.

Kelly note that the last several years the Legislature has been struggling with issues related to a breakdown in family life. "Domestic violence, teenage pregnancy, drug and alcohol abuse, increased juvenile crime - these social problems are both the cause of and the result of failed marriages and dysfunctional familes," Kelly observed. "House Bill 390 is not going to put broken marriages back together again, but it may help families stay together. That will be more effective than a thousand new social programs."

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= Pete Kelly, 117 K