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 Kansas. Kansas law adheres to the more common marriage statutes that do not include the provisions specific to covenant marriages, such as mandatory counseling before divorce, extended waiting periods, or the requirement to allege fault grounds for divorce. In Kansas, couples may file for divorce on both fault and no-fault grounds. No-fault divorce typically involves citing irreconcilable differences as the reason for the dissolution of the marriage. Fault grounds for divorce in Kansas may include failure to perform a material marital duty or obligation, or incompatibility due to mental illness or mental incapacity of one or both spouses. Therefore, the specific requirements and stipulations that apply to covenant marriages in states like Arizona, Arkansas, and Louisiana are not applicable in Kansas.