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 Louisiana, a covenant marriage is an option for couples who wish to enter into a marriage with more stringent requirements for separation and divorce. Couples who choose a covenant marriage must undergo premarital counseling and agree to seek marital counseling if problems develop during the marriage. To obtain a divorce or legal separation in a covenant marriage, a spouse must demonstrate one of the fault-based grounds specified by law. These grounds include adultery, conviction of a felony with a sentence of imprisonment at hard labor or death, abandonment for one year, physical or sexual abuse of the spouse or a child, or living separate and apart for two years. Additionally, if the spouses are judicially or legally separated, the time required to live separate and apart varies depending on the presence of minor children and whether the separation was granted due to child abuse. The waiting periods are one year and six months if there is a minor child or children, one year if the separation was granted for child abuse, or one year for all other cases. These requirements make dissolving a covenant marriage more difficult than dissolving a standard marriage, which can be ended on no-fault grounds such as irreconcilable differences.