A covenant marriage is a type of marriage that is only available in Arizona, Arkansas, and Louisiana. In a covenant marriage the spouses promise that (1) they will participate in marriage counseling before filing for divorce; (2) agree to a longer waiting period before the divorce can be finalized; and (3) must allege fault grounds for the divorce (cannot seek a divorce on no-fault grounds such as irreconcilable differences).
Laws vary among states that recognize covenant marriages, but in a covenant marriage a spouse seeking a divorce generally must allege fault grounds such as:
• Adultery by the other spouse;
• Commission of a felony by the other spouse and sentence of imprisonment at hard labor or death;
• Abandonment by the other spouse for one year;
• Physical or sexual abuse of the spouse or of a child of either spouse; or
• The spouses have lived separate and apart for two years; or the spouses are judicially or legally separated and have lived separate and apart since the legal separation for (a) one year and six months if there is a minor child or children of the marriage; (b) one year if the separation was granted for abuse of a child of either spouse; or (c) one year in all other cases.
In Alabama, covenant marriages are not recognized as a distinct form of marriage. Therefore, the specific provisions that apply to covenant marriages in states like Arizona, Arkansas, and Louisiana, such as mandatory marriage counseling before filing for divorce, longer waiting periods, and the requirement to allege fault grounds for divorce, do not apply in Alabama. Instead, Alabama allows for both fault-based and no-fault divorces. For a fault-based divorce, grounds may include adultery, abandonment, imprisonment, and habitual drunkenness or drug use, among others. No-fault divorce can be sought on the grounds of irretrievable breakdown of the marriage or incompatibility. It's important to note that while Alabama does not have covenant marriage laws, couples in Alabama can still seek marriage counseling voluntarily and can agree to terms similar to those of a covenant marriage through prenuptial or postnuptial agreements.