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 Virginia. Virginia law does not provide for the option of entering into a covenant marriage, which includes the stipulations of mandatory pre-divorce counseling, extended waiting periods for divorce, and the requirement to allege fault grounds for divorce. In Virginia, couples may seek a divorce on both fault and no-fault grounds. No-fault divorce can be obtained after a separation period, which is typically one year, or six months if the couple has no minor children and has reached a separation agreement. Fault-based divorces can be sought for reasons such as adultery, felony conviction, cruelty, or abandonment, among others. It's important for individuals in Virginia to understand that the provisions applicable to covenant marriages in states like Arizona, Arkansas, and Louisiana do not apply to them.