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 Mexico, covenant marriage is not recognized as a legal marriage option. The concept of covenant marriage, which includes provisions for mandatory marriage counseling before divorce, extended waiting periods for divorce proceedings, and the requirement to allege fault grounds for divorce, is only available in Arizona, Arkansas, and Louisiana. New Mexico follows the more common practice of allowing both fault-based and no-fault divorces, the latter of which can be sought on grounds such as irreconcilable differences. Couples in New Mexico seeking to marry or divorce do not have the option of entering into or dissolving a covenant marriage, and must adhere to the state's standard marriage and divorce laws.