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 Tennessee. Tennessee law allows for both fault and no-fault divorces, but it does not offer the option of entering into a covenant marriage as described. In a no-fault divorce in Tennessee, spouses may cite irreconcilable differences as the reason for seeking a divorce. For fault-based divorces, Tennessee law recognizes various grounds such as adultery, felony conviction, abandonment, and abuse, among others. Spouses in Tennessee can also seek a divorce after a two-year separation without cohabitation, regardless of fault. It's important for residents of Tennessee to understand that the provisions related to covenant marriages in states like Arizona, Arkansas, and Louisiana do not apply within Tennessee's jurisdiction.