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 New York. New York law allows for both no-fault and fault-based divorces. In a no-fault divorce, one party needs to state that the marriage has been irretrievably broken for at least six months. For fault-based divorces, New York recognizes several grounds, including adultery, imprisonment for three or more consecutive years, abandonment for a continuous period of one year or more, cruel and inhuman treatment, and living separate and apart pursuant to a separation agreement for at least one year. While marriage counseling may be recommended or ordered by a court in some cases, it is not a prerequisite for obtaining a divorce in New York as it is in states that recognize covenant marriages. Additionally, New York does not require a longer waiting period before a divorce can be finalized beyond the processing time necessary to complete the legal proceedings.