Legal Definitions - covenant marriage

A covenant marriage is a specific type of legal marriage contract available in a limited number of U.S. states, designed for couples who wish to make an exceptionally strong, lifelong commitment to their union. Unlike a standard marriage, which often allows for "no-fault" divorce based on general incompatibility, a covenant marriage significantly restricts the grounds for divorce.

Couples entering into a covenant marriage agree that their union is intended to be permanent, and they can only dissolve it under very specific, serious circumstances. These limited grounds for divorce typically include:

• One spouse committing adultery.
• Physical or sexual abuse of a spouse or child by the other spouse.
• A spouse committing a serious crime (a felony).
• A spouse engaging in habitual drug or alcohol abuse.
• The spouses living separately for a specified period (usually one to two years).

Before marrying, couples choosing a covenant marriage are often required to undergo pre-marital counseling. If they later consider divorce, they are usually required to seek marital counseling first. This type of marriage is currently recognized only in Arizona, Arkansas, and Louisiana, and it is often chosen by couples for religious or deeply personal reasons reflecting a strong belief in the permanence of marriage.

Examples:

• Example 1: Sarah and Mark, deeply committed to their faith's teachings on marriage, choose a covenant marriage in Louisiana. After ten years, they find themselves constantly arguing about finances and parenting styles, leading to significant marital strain. Mark feels they have grown apart and wants a divorce, believing their differences are irreconcilable. However, because they are in a covenant marriage, "growing apart" or "irreconcilable differences" alone are not sufficient legal grounds for divorce. They would need to prove one of the specific, serious circumstances outlined in their covenant marriage agreement, such as adultery or abuse, to legally dissolve their marriage.

• Example 2: Emily and David entered into a covenant marriage in Arizona, intending their union to be for life. Several years into their marriage, David discovers irrefutable evidence that Emily has been having an extramarital affair. Despite their initial lifelong commitment, David would likely be able to file for divorce. This is because adultery is one of the specific, limited grounds for divorce permitted within the framework of a covenant marriage, acknowledging that certain severe breaches of trust can dissolve even this stricter form of union.

• Example 3: In Arkansas, Michael and Jessica chose a covenant marriage, emphasizing their dedication to a permanent partnership. A few years later, Michael is arrested, convicted, and sentenced to prison for a serious felony offense, such as grand theft. Jessica, devastated by his actions and the legal consequences, decides she can no longer remain married. In this situation, Michael's conviction for a felony provides Jessica with a valid legal ground to seek a divorce from their covenant marriage, demonstrating that even these highly restrictive marriages allow for dissolution in cases of severe criminal behavior by a spouse.