Covenant Marriages and What They Mean for Couples

Covenant Marriages and What They Mean for Couples

Arizona is one of three states that allows couples to choose covenant marriages. These are unions in which each partner agrees to participate in counseling that underscores the requirements of marriage before the wedding. Covenant marriages are a distinct legal structure in the eyes of the law, and as such, the divorce process is different than in traditional marriages. Let’s take a closer look at a covenant marriage and how it changes the course of a divorce.

 

Terms of Covenant Marriage

The primary provision of this kind of union is that both participants must attend premarital counseling that focuses on the nature and responsibilities of marriage. Both must acknowledge that the union is meant to last a lifetime and sign a document stating as much. In the case of a divorce, both members of a covenant marriage agree to attend marital counseling before filing paperwork for a divorce. A covenant marriage contract can be completed after the couple is married as well.

 

Dissolution of a Covenant Marriage

In addition to the requirement for marital counseling before a divorce, couples in this type of union have other rules they must follow before a dissolution of the marriage is allowed. The spouse filing for divorce must prove one of the following circumstances is true:

 

• The other member has committed adultery.
• The other member has regularly abused drugs or alcohol.
• The other member has abused his or her spouse or their children.
• The other member has committed a felony and has been sentenced to death or imprisonment.
• The couple has been living apart for the number of years each state stipulates.
• Both spouses agree to a divorce.

 

How Covenant vs. No-Fault Divorce

In most states, divorce proceedings are based on a no-fault understanding, in which neither spouse is required to prove the other is to blame for the failure of the marriage. However, in a covenant marriage, it is actually mandatory that one spouse proves the other is the cause of the marital problems. These fault-based divorces can much more complicated and expensive than no-fault dissolutions. They often put much more stress on the children of divorcing parents and drag the process on for significantly longer periods of time.

 

Divorce Complications

Filing a petition for dissolution of a covenant marriage is a specific type of procedure that is unique to this type of marriage. Because of the requirements listed above, the divorce process can be messier and more divisive. Many people who want to dissolve a covenant marriage choose to handle the divorce outside the court system where possible. They select divorce mediation that can settle their asset, child custody and spousal support agreements without the need for attorneys. However, only specially trained divorce meditators are equipped to handle the emotional, legal and financial ramifications of the dissolution of a covenant marriage.

Covenant marriages, allowed in Arizona since 1998, are a very specific type of marriage structure. If the union is unsuccessful, the requirements for a dissolution mean that a spouse must be blamed and special resolution efforts such as divorce mediation are warranted.