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 a type of legally distinct marriage that is not available in the state of Delaware. It is only recognized in Arizona, Arkansas, and Louisiana. In Delaware, as in most states, marriages do not require the specific covenants or additional stipulations that are characteristic of a covenant marriage, such as mandatory counseling before divorce, extended waiting periods for divorce proceedings, or the necessity to allege fault grounds for divorce. Delaware allows for both fault-based and no-fault divorces. In a no-fault divorce, spouses may cite irreconcilable differences as the reason for seeking a divorce without the need to prove fault. In fault-based divorces, grounds similar to those listed for covenant marriages, such as adultery or abandonment, may be alleged. However, these are not tied to the specific structure or requirements of a covenant marriage, which is a concept not recognized under Delaware law.