Covenant Marriage

A covenant marriage is different from a standard marriage license because it includes legal steps that reflect a stronger commitment to staying together. Typically, a couple in a covenant marriage agrees to do the following:

• Attend premarital counseling from a professional marriage counselor
• Sign a Declaration of Intent outlining the full legal agreement
• Agree to more limited grounds for divorce
• Seek marital counseling before filing for divorce

Covenant marriage often appeals to couples who value tradition, religious beliefs, or want extra support during marital difficulties. But covenant marriage law only exists in a few states, so check with your local office that issues marriage licenses to see if it’s an option for you.

Grounds for divorce in a covenant marriage

Divorce from a covenant marriage is also more restricted. Acceptable grounds typically include:

• One spouse commits adultery
• One spouse commits physical or sexual abuse against the other spouse or a child
• One spouse commits a serious crime or felony and is sentenced to jail or prison
• One spouse regularly uses illegal drugs or abuses alcohol
• One spouse emotionally abuses or intimidates the other spouse
• One spouse abandons the other spouse
• The spouses have been living separate and apart for at least one year after a legal separation or for two years without a legal separation

Why it matters

Covenant marriage carries real legal consequences for how, and whether, a marriage can be dissolved. A spouse seeking to exit a covenant marriage must demonstrate an enumerated ground, not simply cite irreconcilable differences. This typically involves evidence gathering, legal representation, and court proceedings that differ meaningfully from a standard divorce.

For couples who choose it intentionally, the structure reinforces a shared commitment and may align with religious or personal values around the permanence of marriage.

Considerations and limitations

Covenant marriage exists only in three states: Arkansas, Arizona, and Louisiana. Couples who relocate to a state that doesn’t recognize the distinction may find that the receiving state applies standard divorce law, effectively eliminating the restrictions of a covenant marriage.

Because divorce requires meeting specific statutory grounds, legal representation is particularly important. The evidentiary and procedural requirements differ meaningfully from a standard divorce, and outcomes depend heavily on how well the grounds are documented.

Related terms

Covenant marriage connects to several other family law concepts that affect how the marriage begins, continues, or ends.

• Prenuptial agreement: A contract couples sign before marriage that governs property division and financial matters in the event of divorce or death. Available in all 50 states.
• Divorce: The legal dissolution of a marriage. Grounds and process differ significantly depending on whether the marriage is a covenant or a standard marriage.
• Legal separation: A court-recognized status in which spouses live apart but remain legally married. Some covenant marriage statutes require a separation period before a court will grant divorce.
• Annulment: A legal declaration that a marriage was void or voidable from the start due to specific reasons.

FAQs about covenant marriage

What if one spouse wants a divorce but cannot meet the required grounds?

The spouse may need to meet another legal ground, get the other spouse’s consent where state law allows, or live apart for the required separation period before a court can grant the divorce. The waiting period depends on the state and the facts of the case, and it can last up to two years in some situations.

Does covenant marriage affect property division or spousal support?

Generally, no. Covenant marriage mainly changes the grounds and process for divorce. It doesn’t create a separate set of property division or spousal support rules. Courts still apply the state’s divorce laws, though factors such as fault, income, assets, need, and any valid marital agreement may affect the final outcome.

What are the disadvantages of a covenant marriage?

One downside is that it makes legal separation and divorce more complicated, taking more time and paperwork, even in cases of physical or sexual abuse. It could force someone to stay in a difficult marriage longer than they want to.