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 New Jersey, covenant marriages are not recognized as a distinct form of marriage. Unlike Arizona, Arkansas, and Louisiana, where covenant marriages are available and come with specific pre-marital counseling requirements, longer waiting periods for divorce, and the necessity to allege fault grounds for divorce, New Jersey does not offer this option. In New Jersey, couples seeking to end their marriage can file for divorce based on either no-fault grounds, such as irreconcilable differences, or fault grounds, such as adultery, abandonment, or abuse. The state's divorce laws do not require couples to undergo counseling before filing for divorce, nor do they mandate a longer waiting period for the divorce to be finalized as is characteristic of covenant marriages in the states that recognize them.