How do I end a covenant marriage in Arizona

Due to the seriousness of a covenant marriage, a couple cannot end a covenant marriage unless one or more conditions are met. Some of these conditions include a spouse committing adultery, abandoning the marital home, abusing drugs or alcohol, or committing a serious crime. Couples in a covenant marriage who consider divorce must seek marriage counseling and possibly have a long separation period before they can file for divorce. 

What Is a Covenant Marriage?

Arizona law offers couples a unique option for getting married called a covenant marriage. Covenant marriages do not replace regular marriages under Arizona law but merely provide an alternative to couples who wish to demonstrate their commitment.

A covenant marriage is a type of marriage that couples in Arizona may enter. Covenant marriages differ from regular marriages in the steps a couple must take to obtain a covenant marriage, a legal separation, or a divorce.

A couple seeking a covenant marriage must first attend premarital counseling offered by a clergyperson or marriage counselor. Premarital counseling involves:

• A discussion of the seriousness of a covenant marriage, including the fact that the law intends for covenant marriages to last for life
• The requirement for the couple to seek additional counseling if they experience marital difficulties
• The limitation on seeking legal separation or divorce

After counseling, the couple must apply for a marriage license by executing a particular statement or declaration with the marriage license application. This declaration must contain a statement specified by state law, an affirmation that the couple has received premarital counsel, and both spouses’ signatures witnessed by a court clerk. The application must also include a sworn, notarized statement from the couple’s marriage counselor affirming that they advised the couple on covenant marriages.

Can an Already Married Couple Convert Their Marriage to a Covenant Marriage?

Couples who have already obtained a traditional marriage in Arizona or another jurisdiction may convert their marriage to an Arizona covenant marriage. Already married couples do not need to go through premarital counseling or apply for a marriage license. Instead, converting a traditional marriage into a covenant marriage requires paying a fee and submitting a written statement like the one required for unmarried couples entering a covenant marriage. They must also provide a sworn statement providing details of the couple’s prior marriage ceremony.

Are Covenant Marriages More Difficult to End Than Regular Marriages?

Arizona is a no-fault state for regular marriages. That means either spouse in a traditional marriage may file for divorce for any reason. However, ending a covenant marriage is not as simple.

Arizona intends for covenant marriages to last for life. Couples who wish to end a covenant marriage have fewer options for seeking a legal separation or divorce than those in a regular marriage. Under state law, Arizona courts will grant a divorce in a covenant marriage in eight specific circumstances:

1. A spouse has committed adultery.
2. A spouse has committed a felony and received a life sentence or the death penalty.
3. A spouse has abandoned the marital home for at least one year and refuses to return.
4. A spouse has physically or sexually abused the other spouse, a child, or a relative of either spouse who lives in the couple’s home or has committed an act of domestic violence or emotional abuse.
5. A spouse regularly abuses alcohol or drugs.
6. The couple has lived separately without reuniting for at least two years.
7. The couple has already received a legal separation and has lived separately for at least one year without reconciling since the date of the legal separation.
8. Both spouses agree to a divorce.

The grounds for legal separation are similar. But along with most of the same conditions for divorce, a spouse may also file for legal separation when regular alcohol abuse or frequent ill-treatment of a spouse makes living together intolerable.

Although ending a covenant marriage may be more difficult, it isn’t impossible. An experienced Arizona divorce attorney can determine if you have any grounds for divorce and help you pursue an end to your covenant marriage.

Are There Disadvantages to a Covenant Marriage?

Couples may choose to obtain a covenant marriage for several reasons. They may want to demonstrate their commitment to spending the rest of their lives together. A covenant marriage may also obligate them to seek marriage counseling if difficulties arise.

However, some marriages irretrievably break down, and no amount of counseling can save the marriage. Although no one gets married with the expectation of getting divorced, most marriages in the United States end in divorce. A covenant marriage makes it much harder for couples to seek legal separation or divorce if their marriage irretrievably breaks down.

Couples in a covenant marriage cannot file for a no-fault divorce. A spouse cannot file for divorce in a covenant marriage simply because they do not wish to continue the marriage or have irreconcilable differences with their spouse. Instead, courts can only grant divorce in covenant marriages when one spouse has committed some “fault.”

Spouses who wish to get divorced in a covenant marriage must first attend marriage counseling separately or with their spouse. Couples in a covenant marriage must also observe more extended separation periods than those in regular marriages who pursue a no-fault divorce. In some cases, a couple must have a separation period of at least two years with no incidents of reconciliation during that time.

Contact an Arizona Family Law Attorney

If you have considered seeking a legal separation or divorce in your covenant marriage, turn to an Arizona divorce attorney from Mushkatel, Robbins & Becker, PLLC for help. Contact us today for a free no-obligation consultation to get the legal advice and information you need.

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