Requirements for a Covenant Marriage

A covenant marriage in Arizona is a specific type of marriage license that requires some additional hoops to jump through before you can get married.

The exact requirements are found in Statute 25-901 as follows:

A. Persons who have the legal capacity to marry pursuant to this title may enter into a covenant marriage by declaring their intent to do so on their application for a license obtained pursuant to section 25-121 and by complying with the requirements of this chapter. The returned marriage license shall be recorded as provided by section 25-123 with an indication that the marriage is a covenant marriage, and the declaration shall be filed by the clerk.

B. A declaration of intent to enter into a covenant marriage shall contain all of the following:

1. The following written statement:

A Covenant Marriage

We solemnly declare that marriage is a covenant between a man and a woman who agree to live together as husband and wife for as long as they both live. We have chosen each other carefully and have received premarital counseling on the nature, purposes and responsibilities of marriage. We understand that a covenant marriage is for life. If we experience marital difficulties, we commit ourselves to take all reasonable efforts to preserve our marriage, including marital counseling.

With full knowledge of what this commitment means, we do declare that our marriage will be bound by Arizona law on covenant marriages and we promise to love, honor and care for one another as husband and wife for the rest of our lives.

2. An affidavit by the parties that they have received premarital counseling from a member of the clergy or from a marriage counselor. Premarital counseling shall include a discussion of the seriousness of covenant marriage, communication of the fact that a covenant marriage is a commitment for life, a discussion of the obligation to seek marital counseling in times of marital difficulties and a discussion of the exclusive grounds for legally terminating a covenant marriage by dissolution of marriage or legal separation.

3. The signatures of both parties witnessed by a court clerk.

C. A notarized attestation that is signed by the clergy or counselor must be submitted with the application for a license and shall confirm that the parties were counseled as to the nature and purpose of the marriage and the grounds for its termination and that the counselor provided to the parties the informational pamphlet developed by the supreme court pursuant to this chapter. The clerk shall document that the attestation was submitted.

Conversion to a Covenant Marriage

If you are already married, you can still convert your marriage to a covenant marriage by doing the following pursuant to Statute 25-902:

A husband and wife may enter into a covenant marriage by submitting to the clerk of the superior court or any other official designated by the clerk pursuant to section 25-126 or 25-127 the declaration prescribed in section 25-901, subsection B, paragraphs 1 and 3 and a sworn statement of their names and the date and place their marriage was contracted and by paying the fee prescribed in section 12-284, subsection A.

The clerk shall file all documentation required by this section and shall issue to the husband and wife a certificate that documents the conversion. A husband and wife who apply for a covenant marriage conversion under this section are not required to receive premarital counseling required by section 25-901 and are not required to have the converted covenant marriage separately solemnized.

Conversion to a covenant marriage does not make valid a marriage that is prohibited pursuant to this title or that is not validly contracted in this state.

What does a Covenant Marriage in Arizona do?

In essence, a covenant marriage makes it more difficult to get a divorce (or even a legal separation). The idea of a covenant marriage is that the spouses are committing to marriage for life, take premarital counseling, and commit to future counseling (instead of divorce) if future problems arise.

Of course, things in life change and people who entered into a covenant marriage may still want to get divorced. However, in order to do so, one of the following requirements in 25-903 have to be met before the superior court can grant a decree of divorce.

Requirements for a divorce:

1. The respondent spouse has committed adultery.

2. The respondent spouse has committed a felony and has been sentenced to death or imprisonment in any federal, state, county or municipal correctional facility.

3. The respondent spouse has abandoned the matrimonial domicile for at least one year before the petitioner filed for dissolution of marriage and refuses to return. A party may file a petition based on this ground by alleging that the respondent spouse has left the matrimonial domicile and is expected to remain absent for the required period. If the respondent spouse has not abandoned the matrimonial domicile for the required period at the time of the filing of the petition, the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on abandonment, except that the court may enter and enforce temporary orders pursuant to section 25-315 during the time that the action is pending.

4. The respondent spouse has physically or sexually abused the spouse seeking the dissolution of marriage, a child, a relative of either spouse permanently living in the matrimonial domicile or has committed domestic violence as defined in section 13-3601 or emotional abuse.

5. The spouses have been living separate and apart continuously without reconciliation for at least two years before the petitioner filed for dissolution of marriage. A party may file a petition based on this ground by alleging that it is expected that the parties will be living separate and apart for the required period. If the parties have not been separated for the required period at the time of the filing of the petition, the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on separation, except that the court may enter and enforce temporary orders pursuant to section 25-315 during the time that the action is pending.

6. The spouses have been living separate and apart continuously without reconciliation for at least one year from the date the decree of legal separation was entered.

7. The respondent spouse has habitually abused drugs or alcohol.

8. The husband and wife both agree to a dissolution of marriage.

In most cases (that I’ve seen or heard of), the parties to a divorce will satisfy #8 above as both parties will want to get divorced despite the covenant marriage. However, every once in a while, one spouse will not want to get divorced and hold up the process because none of the other requirements have been met. In those instances, living apart and getting the clock ticking for #5 usually seems to be the most viable option, at least one that one spouse alone can control.

Number 6 deals with a legal separation, but there are similar requirements before the court will even grant a decree of legal separation to get that one-year period moving.

Requirements for a legal separation

Before a married couple with a covenant marriage in Arizona can be granted a legal separation, one of the following requirements has to be met under 25-904.

1. The respondent spouse has committed adultery.

2. The respondent spouse has committed a felony and has been sentenced to death or imprisonment in any federal, state, county or municipal correctional facility.

3. The respondent spouse has abandoned the matrimonial domicile for at least one year before the petitioner filed for legal separation and refuses to return. A party may file a petition based on this ground by alleging that the respondent spouse has left the matrimonial domicile and is expected to remain absent for the required period. If the respondent spouse has not abandoned the matrimonial domicile for the required period at the time of the filing of petition, the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on abandonment, except that the court may enter and enforce temporary orders pursuant to section 25-315 during the time that the action is pending.

4. The respondent spouse has physically or sexually abused the petitioner, a child, a relative of either spouse permanently living in the matrimonial domicile or has committed domestic violence as defined in section 13-3601 or emotional abuse.

5. The spouses have been living separate and apart continuously without reconciliation for at least two years before the petitioner filed for legal separation. A party may file a petition based on this ground by alleging that it is expected that the parties will be living separate and apart for the required period. If the parties have not been separated for the required period at the time of the filing of the petition, the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on separation, except that the court may enter and enforce temporary orders pursuant to section 25-315 during the time that the action is pending.

6. The respondent spouse’s habitual intemperance or ill treatment of the other spouse is of such a nature as to render their living together insupportable.

7. The respondent spouse has habitually abused drugs or alcohol.

As you can see, the requirements are nearly identical. Because a legal separation is nearly identical to a divorce, most people will probably want to opt for going with a divorce since the same requirements are essentially required.

Temporary Orders can still be entered right away

Even though one spouse may try to hold up the divorce or legal separation, the law does still allow for one spouse to file and for the case to not be dismissed just because one of the requirements have not been satisfied.

Equally important, is the fact that the law also allows for the court to grant temporary orders in a pending divorce even if the requirements to dissolve a covenant marriage have not yet been met. This is significant because otherwise a vindictive spouse could both hold up the divorce process and financially strangle the other spouse. Because the court can still enter temporary orders (which are for support, dividing liquid assets, and parenting time), a spouse who wants to get a divorce but also need financial help can seek the appropriate remedies with the court.

Conclusion

A covenant marriage in Arizona is rather rare. It is a legal way to emphasize the commitment to marriage by engaging in premarital counseling and putting more time and energy in the marital process. It also makes it more difficult to get divorced or even a legal separation, which on some level, will have an impact on making a marriage last.

Of course, those who want to get divorced or legally separated can still do so. However, one of the several requirements will need to be met before the court can ultimately grant the divorce or separation.

For those who want to learn more about divorce you can listen to an episode on filing for divorce.

For those who want to learn more about a legal separation can read this article on Legal Separation in Arizona.