Covenant Marriage
Arizona recognizes a special form of Marriage called a Covenant Marriage. Unlike a regular marriage, spouse in a covenant marriage must have grounds for a divorce. Grounds for divorce in a covenant marriage include adultery, abandonment for at least one year, physical or sexual abuse, the spouses living separate and apart for at least two years, abuse of drugs or alcohol by a spouse, or both spouses agreeing to the divorce. https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/25/00903.htm
What Is a Covenant Marriage in Arizona?
A covenant marriage is an optional, more binding form of marriage created under Arizona law. Under A.R.S. section 25-901, entering a covenant marriage requires the couple to receive premarital counseling and to sign a sworn declaration of intent acknowledging the commitment they are making. Couples who are already legally married can also convert their existing marriage into a covenant marriage by filing the required declaration with the court. By choosing a covenant marriage, both spouses agree to take reasonable steps to preserve the marriage, including counseling, if serious problems arise.
Grounds for Divorce in an Arizona Covenant Marriage
Because a covenant marriage is harder to dissolve than a standard marriage, a spouse must prove one of the specific grounds set out in A.R.S. section 25-903. In addition to the grounds noted above, these include the other spouse being sentenced to death or to imprisonment for a felony, and the spouses living separate and apart for at least one year after a decree of legal separation. The court may also require the spouses to attend marital counseling before it will grant a dissolution. Establishing these grounds often calls for careful documentation and, in contested cases, supporting evidence and testimony.
An experienced Tucson family law attorney can help you determine whether your situation satisfies the statutory grounds and guide you through the additional steps a covenant marriage divorce involves.
Talk to a Tucson Covenant Marriage Attorney
Whether you are considering a covenant marriage or need to end one, Caleb Brown can explain your options and protect your interests. Learn more about divorce in Arizona, or contact our Tucson office to schedule a consultation. 