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.
Covenant marriage is not recognized in the state of California. California is a no-fault divorce state, meaning that a couple can divorce without the need to prove wrongdoing by either spouse. The grounds for divorce in California are irreconcilable differences or incurable insanity. In a no-fault divorce, neither spouse is blamed for the breakdown of the marriage, and there is no requirement for marriage counseling before filing for divorce, nor are there extended waiting periods or a necessity to allege fault grounds for the divorce. Therefore, the specific provisions that apply to covenant marriages, such as mandatory counseling, longer waiting periods, and fault-based grounds for divorce, are not applicable under California law.