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 Colorado. Colorado law operates under a no-fault divorce system, which means that a divorce can be granted without the need to prove fault on the part of either spouse. The only ground for divorce in Colorado is the irretrievable breakdown of the marriage, and either spouse can file for divorce if they believe the marriage cannot be saved. The process does not require spouses to participate in marriage counseling before filing for divorce, nor does it impose a longer waiting period than standard divorces. Additionally, while fault grounds such as adultery or abuse can be relevant to certain aspects of the divorce proceedings, such as the division of marital property or determinations regarding spousal support, they are not required to obtain a divorce in Colorado.