Covenant Marriage
A covenant marriage is a special type of marriage that requires couples to agree to premarital counseling and stricter rules about divorce. It’s meant to promote marriage counseling and long-term commitment.
What is a 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.
Even though a covenant marriage makes legal separation and divorce harder, it’s still usually possible in certain situations:
- 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
Critics say this arrangement creates an unnecessary barrier to leaving unhappy or unhealthy marriages, and could be burdensome for those who can’t provide sufficient evidence that divorce is necessary. Advocates say covenant marriage can encourage couples to think carefully before getting married, promote a stable family structure, and provide extra encouragement to work through marital difficulties.
FAQs
What’s the difference between a covenant marriage and a regular marriage?
A regular marriage allows for no-fault divorce, meaning either person can end things without giving a reason. A couple in a covenant marriage agrees to premarital counseling and stricter grounds for legal separation and divorce. Both require you to have a marriage license. However, not all states recognize covenant marriage, so check with your local office that issues marriage licenses.
What breaks a covenant marriage?
A covenant marriage can only be ended if certain conditions are met, like physical or sexual abuse, adultery, or living separate and apart for a long time. You may also have to show you’ve taken part in marital counseling.
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.
What states recognize covenant marriage?
Only a few states offer covenant marriage: Arizona, Arkansas, and Louisiana. If you get married this way, you’ll have to follow that state’s covenant marriage act, even if you move.
Still have legal questions?
Our network of attorneys can help. Get unlimited 30-minute consultations on new legal topics with our legal services plan.
Start Now