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 Missouri. Missouri law allows for both no-fault and fault-based divorces, without the need for the specific provisions that define a covenant marriage. In a no-fault divorce in Missouri, the parties may cite irretrievable breakdown of the marriage as the reason for seeking a divorce, without the need to allege any wrongdoing by either spouse. However, if a spouse wishes to file for a fault-based divorce, Missouri law does recognize several fault grounds similar to those in states with covenant marriage laws, such as adultery, abandonment for at least six months, and abusive behavior, among others. It is important to note that the waiting periods, counseling requirements, and specific fault grounds required in a covenant marriage are not applicable in Missouri. Individuals considering divorce in Missouri should consult with an attorney to understand the applicable laws and procedures.