Covenant marriage was instituted in Arizona in 1998. The law stemmed from a broader movement in the 1990s concerned with addressing rising divorce rates and preserving the institution of marriage. The intention behind the law was to provide an option for couples who, often motivated by religious faith, believe their marriage could benefit from added legal permanence.

A covenant marriage differs from a standard marriage in several key respects, both in how it is entered and how it can be dissolved. Couples may choose a covenant marriage at the time of their wedding, or opt-in later through a formal conversion process. This decision often reflects a deep commitment to marriage as a life-long bond and a conscious choice to discourage “easy” or impulsive divorces.

Entering into a covenant marriage in Arizona involves meeting requirements that go beyond those necessary for a standard marriage license. The governing statute requires the following:

• Premarital counseling — Before marrying, the couple must receive counseling from either a clergy member or a licensed marriage counselor. This counseling focuses on the seriousness of marriage, potential challenges, and the covenant marriage framework itself.

• Declaration of intent — Both partners must sign a statement affirming that they are choosing a covenant marriage with a full understanding that it is meant to be a lifelong commitment. This declaration acknowledges their awareness of the stricter divorce and separation rules.

• Acknowledgement of life-long commitment — The parties agree that their marriage is intended to last for life, and that divorce will only be sought under specific, legally-defined circumstances.

Couples in covenant marriages face significant legal hurdles before dissolving their union, consistent with the original philosophical and societal motivations behind the law. Before proceeding with a divorce, couples are required to undergo additional marital counseling. Furthermore, Arizona law allows dissolution of a covenant marriage only on these specified grounds:

• Adultery by either spouse

• Physical or sexual abuse of one spouse or a child

• Abandonment by one spouse for at least one year

• Substance abuse (including drug or alcohol abuse)

• Imprisonment of a spouse for a felony crime

• Living separately for at least two years, or one year if a legal separation has been granted

A notable distinction is that “irretrievable breakdown of the marriage,” which is an available ground for ordinary no-fault divorce, is not a valid reason in the context of covenant marriage. 

It is important to note that once the requirements for dissolving a covenant marriage are met, the standard Arizona laws govern property division, spousal maintenance (alimony), child custody, and child support, just as they would in a traditional divorce. The primary difference lies not in the legal consequences of divorce but in the barriers to obtaining one.

If you are in a covenant marriage and are considering divorce, it is wise to seek legal counsel from an experienced Arizona divorce lawyer who can guide you through the process.

Clark & Schloss Family Law, P.C. in Scottsdale provides knowledgeable counsel on Arizona divorces and other family law concerns. Call us at 602-789-3497 or contact us online to schedule a consultation.