A covenant marriage is a type of marriage that is only available in Arizona, Arkansas, and Louisiana. In a covenant marriage the spouses promise that (1) they will participate in marriage counseling before filing for divorce; (2) agree to a longer waiting period before the divorce can be finalized; and (3) must allege fault grounds for the divorce (cannot seek a divorce on no-fault grounds such as irreconcilable differences).
Laws vary among states that recognize covenant marriages, but in a covenant marriage a spouse seeking a divorce generally must allege fault grounds such as:
• Adultery by the other spouse;
• Commission of a felony by the other spouse and sentence of imprisonment at hard labor or death;
• Abandonment by the other spouse for one year;
• Physical or sexual abuse of the spouse or of a child of either spouse; or
• The spouses have lived separate and apart for two years; or the spouses are judicially or legally separated and have lived separate and apart since the legal separation for (a) one year and six months if there is a minor child or children of the marriage; (b) one year if the separation was granted for abuse of a child of either spouse; or (c) one year in all other cases.
Covenant marriage is not recognized in the state of Alaska. Alaska follows the general marriage laws that do not include provisions for covenant marriages. In states where covenant marriage is an option, such as Arizona, Arkansas, and Louisiana, couples opting for this form of marriage must adhere to stricter guidelines for entering into and dissolving the marriage, including premarital counseling, longer waiting periods for divorce, and the requirement to allege fault grounds for divorce. However, since Alaska does not have a legal framework for covenant marriages, couples in Alaska are subject to the standard marriage and divorce laws of the state, which allow for no-fault divorce on grounds such as incompatibility, irretrievable breakdown, or irreconcilable differences, without the need to allege specific fault grounds such as adultery or abandonment.