Covenant Marriage and Fault Divorce

As of 2010, only three (3) states allow covenant marriages, including Louisiana, Arkansas, and Arizona. In each of these states, the percentage of all new marriages being formed as covenant marriages account for less than three (3) percent of all marriages, often less than one (1) percent. In essence, a covenant marriage is a legally binding marriage agreement that limits the ability to disengage from the marriage agreement, or get a divorce. With grounds for divorce limited, a marrying couple must outlines at the time they receive their marriage license what will constitute a reason to end the marriage. State statutes vary, however, in order to obtain a covenant marriage, both parties must undergo pre-marital counseling in order to do so, and if divorce is being considered, both parties must also endure counseling.

Grounds for Divorce in Covenant Marriages

Although secular in nature, the laws governing covenant marriages essentially restrict the couple’s ability to garner a no-fault divorce, often seen as a response to the increasing divorce rates across the country. The entire process does have religious-based overtones, but from a legal perspective, the covenant marriage agreement is legally binding, at least in the three (3) states that honor this form of marriage. In turn, the only applicable grounds for divorce in covenant marriage require one party to prove fault in the marriage. Fault-based grounds for divorce acceptable in covenant marriage divorce cases may include:

Domestic violence

Incarceration based on a felony criminal offense of one spouse

Adultery

Abandonment for extended periods of time

These grounds are the requirements to file for divorce from a covenant marriage in a state that recognizes covenant marriages, namely Arizona, Arkansas, and Louisiana. In other states, the covenant marriage agreement is not enforceable per its original terms.

Getting Legal Help with Fault Divorces and Covenant Marriages

In a covenant marriage, one spouse cannot simply elect to no longer be married to his or her partner, but rather, in states that acknowledge covenant marriages, the spouse must prove fault in order to obtain divorce. Furthermore, proving fault requires legally viable grounds that can be presented to the courts in a given state. Having legal counsel represent one’s interests in this form of divorce case is relatively important, given the unique and restrictive nature of covenant marriages and divorce abilities. Consult with a lawyer before making any decisions or taking any action to divorce from one’s spouse, if in currently in a covenant marriage.

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