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Getting a Divorce in a Covenant Marriage | www.MyDivorceDocuments.com

covenant marriage divorce

If you’ve never heard of a covenant marriage, or if you know very little about covenant marriage, it’s probably because it is only offered in 3 states. Covenant marriages are offered in Arkansas, Arizona, and Louisiana, but the concept of the covenant marriage has been around for quite some time.

What is a Covenant Marriage?

A covenant marriage is different from a “regular” marriage because the couples in covenant marriages essentially waive their rights to a no-fault divorce. Covenant marriages are said to be more binding than regular marriages because they are based on covenants, not contracts.

A covenant is a solemn, usually religious, agreement, whereas a contract is a legal agreement. Proponents of covenant marriages believe “regular” marriages are contract-based marriages, which do not hold marriage as sacred and permanent an institution. Due to the deep religious affiliation covenant marriages have, covenant marriages have certain laws imposed upon them that make it difficult to divorce.

Guidelines of a Covenant Marriage

A covenant marriage requires couples to attend premarital counseling, and to fill out special covenant marriage paperwork. During the premarital counseling sessions, the couple is advised of the severity of committing to a lifelong marriage, the legal restrictions on divorce, and how to deal with marital issues.

The prospective spouses then must file an intent to enter into a covenant marriage. The intent (or declaration) involves a few documents that demonstrate both parties’ willingness to enter into a covenant of marriage. All this paperwork includes disclaimers about the stipulations of a covenant marriage, like the difficulties of divorcing out of a covenant marriage and more.

Divorce in Covenant Marriages

The first step in seeking a divorce in a covenant marriage is to seek marriage counseling. The covenant both parties agreed to when they wedded includes a clause about always seeking counseling should issues arise.

There are stringent divorce grounds in a covenant marriage; but since only three states offer the covenant marriage option, here are the specific grounds:

Arkansas: There are 4 grounds for divorce.

  1. Adultery

  2. Conviction of a felony or serious crime

  3. Physical or sexual abuse of one of your children

  4. Living separate and apart for at least 2 years; living separate and apart for 2 years and 6 months, if there are children; or living separate and apart for at least 1 year if there has been a form of abuse

Arizona: There are 8 grounds for divorce.

  1. Adultery

  2. Abandonment for 1 year or more

  3. Imprisonment or death sentence due to conviction of a felony

  4. Physical, sexual, or emotional abuse

  5. Living separate and apart for 2 consecutive years

  6. Being legally separated for 1 year

  7. Substance and/or alcohol abuse

  8. Both spouses agree to the divorce

Louisiana: There are 5 grounds for divorce.

  1. Adultery

  2. Imprisonment or death sentence due to conviction of a felony

  3. Abandonment for 1 year or more

  4. Physical or sexual abuse

  5. Living separate and apart for 2 years; under legal separation, living separate and apart for 1 year, or 1 year and 6 months if there are children.

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