What Is a Covenant Marriage Under Arizona Law?
In 1998, Arizona became one of a small handful of jurisdictions in the United States that recognize a legally distinct type of marriage called a “covenant marriage”, which requires a special license from the state and limits the grounds for divorce or legal separation. See ARIZ. REV. STAT. ANN. § 25-901 et seq.
Typically, in a no-fault jurisdiction like the State of Arizona, the divorcing spouse does not need to prove the fault of the other spouse to justify a divorce or legal separation. See ARIZ. REV. STAT. ANN. § 25-312(3); ARIZ. REV. STAT. ANN. § 313(3). Instead, in Arizona, the divorcing spouse only needs to claim that the marriage is irretrievably broken to justify a divorce or legal separation. See id. However, in a case involving a covenant marriage, Arizona statute prohibits the court from entering a decree of dissolution (which grants a divorce) or an order of legal separation (which grants a legal separation), unless the court finds that one or more of statutorily prescribed legal bases have been found. See ARIZ. REV. STAT. ANN. § 25-903; ARIZ. REV. STAT. ANN. § 25-904.
In Arizona, a covenant marriage license is only issued after the parties have completed premarital counseling. See ARIZ. REV. STAT. ANN. § 25-901. The prescribed premarital counseling must “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.” § 25-901(B).
Couples that are already married can convert their marriage into a covenant marriage. See § 25-902. “A husband and wife who apply for a covenant marriage conversion . . . are not required to receive premarital counseling . . . .” § 25-902. Additionally, “[a] husband and wife who apply for a covenant marriage conversion . . . are not required to have the converted covenant marriage separately solemnized . . . .”, which means that they do not have to have a second wedding ceremony. See § 25-902.
If you need help with a divorce, legal separation, or other family law matter in the State of Arizona, Huffman-Shayeb Law, PLLC may be able to help you with your case. Contact Huffman-Shayeb Law, PLLC to set up a consultation and to discussion your options. For any individual concerned about a family law matter in the State of Arizona, Huffman-Shayeb Law, PLLC always recommends that they consult with a duly licensed attorney who can assist them with their concerns.
