Most people who get married in Arizona have a standard marriage and don't think twice about it. But Arizona law offers a second option — the covenant marriage — that a small number of couples choose each year. If you're in a covenant marriage (or considering one), here's what you need to know about how it works and what it means for divorce.
How Covenant Marriage Differs from Standard Marriage
| Standard Marriage | Covenant Marriage | |
|---|---|---|
| Premarital counseling | Not required | Required from a member of the clergy or marriage counselor |
| Declaration | Standard marriage license | Must sign a special Declaration of Intent stating you understand the commitment |
| Grounds for divorce | No-fault: "irretrievably broken" (no reason needed) | Must prove fault: adultery, felony, abandonment, abuse, substance abuse, or 2-year separation |
| Counseling before divorce | Not required | Required (couples must attempt counseling before filing) |
| Waiting period for divorce | 60 days | 60 days (same), but the process is longer due to fault requirements |
| Legal separation | Available as an alternative to divorce | Available — and must also be based on fault grounds |
Requirements to Enter a Covenant Marriage
Under A.R.S. § 25-901, couples must complete two steps before entering a covenant marriage.
First, premarital counseling with a member of the clergy or a marriage counselor. The counseling must include a discussion of the seriousness of covenant marriage, the fact that it can only be dissolved on limited grounds, that the couple commits to seek counseling if problems arise during the marriage, and the specific grounds for divorce and legal separation.
Second, both spouses must sign a Declaration of Intent, which is a formal written statement that they understand the differences between a covenant marriage and a standard marriage, they've received counseling, and they commit to taking all reasonable efforts to preserve the marriage (including counseling) if difficulties arise. This declaration is filed with the marriage license.
How to Get Out of a Covenant Marriage
This is where covenant marriage gets complicated. You can't simply file for divorce and state that the marriage is "irretrievably broken." Instead, you must prove one of the specific grounds listed in A.R.S. § 25-903.
Grounds for Covenant Divorce
Your spouse committed adultery. Your spouse committed a felony and has been sentenced to death or imprisonment. Your spouse has abandoned the matrimonial domicile for at least one year and refuses to return. Your spouse has committed domestic violence or emotional abuse against you, a child, or a relative permanently living in the household. You and your spouse have been living separately and apart continuously without reconciliation for at least two years. You and your spouse have been living separately and apart continuously for at least one year from the date a decree of legal separation was entered. Your spouse has habitually abused drugs or alcohol. Both spouses agree to the divorce.
The key difference is that simply wanting out isn't enough — you must either prove one of these grounds or wait out the separation period. This can make the process significantly longer and more contentious than a standard divorce.
The Two-Year Separation Path
For many couples in covenant marriages who can't prove fault (or don't want the acrimony of a fault-based divorce), the two-year separation option is the practical exit. Here's how it works: you and your spouse begin living "separately and apart" — meaning in different residences with the intent to end the marriage. You maintain the separation continuously for two years with no reconciliation. After two years, either spouse can file for divorce.
The two-year clock resets if the couple reconciles and resumes living together during the separation period. Brief visits or discussions don't necessarily constitute reconciliation, but moving back in together — even temporarily — likely does.
Legal Separation in a Covenant Marriage
Legal separation is available for covenant marriages, but it's also subject to fault-based grounds — the same list as divorce, except you can also get a legal separation if your spouse has committed "such acts as to make the continuation of the marriage relationship materially impossible." Some couples use legal separation as a stepping stone: get legally separated, live apart for one year, and then convert the separation into a divorce.
How Covenant Marriage Affects Child Custody and Property
Once a covenant divorce is filed and the court has jurisdiction, the rules for child custody (legal decision-making and parenting time), property division, child support, and spousal maintenance are the same as for any other Arizona divorce. Community property is still divided equitably. The best-interest standard still governs custody decisions. Child support still follows the Arizona Guidelines.
The only difference is the initial hurdle — proving grounds to get through the courthouse door. Once you're in, the substance of the proceedings is essentially identical.
How Rare Are Covenant Marriages?
Very rare. Although Arizona passed its covenant marriage law in 1998, fewer than 1% of Arizona couples choose it. The concept has religious roots and appeals primarily to couples with strong faith-based convictions about the permanence of marriage. Most couples who choose it are aware of the divorce restrictions and view them as a feature, not a bug — the difficulty of divorce is the point.
Do You Need a Lawyer for a Covenant Divorce?
More than for a standard divorce, yes. The fault-based requirements add legal complexity. You'll need to prove your grounds with evidence — which may require testimony from witnesses, documentation of abuse, police reports, or proof of separation. If your spouse contests the grounds, you're looking at a trial on the threshold question of whether you're even entitled to a divorce — before getting to the substance of property division and custody.
An attorney experienced with covenant marriage cases (make sure to ask — not all family law attorneys have handled them) can advise you on which grounds are strongest in your situation, how to gather and present evidence of fault, whether the two-year separation path makes more sense, and how to coordinate the covenant divorce with custody and property issues.
Need Help with a Covenant Marriage Divorce?
Find a family law attorney in Arizona experienced with covenant marriage cases.
Find a Family Law AttorneyFrequently Asked Questions
Can I get a covenant marriage in Arizona if I'm not religious?
Yes. While the counseling requirement can be satisfied by clergy, it can also be done by a licensed marriage counselor. There's no religious test or requirement. The law is a civil option available to any couple.
If I got a covenant marriage in Arizona but now live in another state, which rules apply?
This is a complex legal question. Most states don't have covenant marriage laws and may apply their own no-fault divorce rules. However, some courts have honored the covenant marriage restrictions. You'll need an attorney in your current state who understands the issue — and possibly an Arizona attorney as well.
What if both spouses agree to divorce — do we still need to prove fault?
Mutual consent is actually one of the listed grounds for covenant divorce under A.R.S. § 25-903. If both spouses agree, the process is significantly simpler. You'll still need the required pre-filing counseling, but you won't need to prove any other fault ground.
Can I get an annulment instead of a divorce from a covenant marriage?
Annulment is different from divorce — it declares that no valid marriage existed in the first place (due to fraud, bigamy, incapacity, etc.). The grounds for annulment are the same regardless of whether you have a standard or covenant marriage. If you have valid annulment grounds, the covenant marriage restrictions on divorce don't apply because you're not divorcing — you're declaring the marriage was never valid.