Arizona is one of only three states (along with Arkansas and Louisiana) that allows couples to enter into a covenant marriage. Although this option is often associated with the Christian faith, those of other faiths or no religious affiliation can enter into a covenant marriage as well.
While couples intend for these marriages to last a lifetime and to weather whatever difficulties they experience, sometimes a couple determines that their marriage can’t continue. That’s why divorce is still an option, even for those who have entered into covenant marriage.
Grounds for divorce
It’s important, however, to understand what’s involved in divorce when a couple is in a covenant marriage. An Arizona spouse in a covenant marriage may seek a divorce on “fault-based” grounds including the following:
- Adultery
- Abandonment for at least a year
- Habitual alcohol and/or drug abuse
- Physical or sexual abuse of a spouse, their child or other relative living with the couple
- If a spouse has “committed a felony and has been sentenced to death or imprisonment in any federal, state, county or municipal correctional facility”
The law also allows exceptions that permit couples to divorce without grounds that reflect badly on a spouse. For example, according to the Arizona Judicial Branch, “A person may file for divorce by claiming that the other spouse has left the home and is expected to stay away for the one-year period.” They may also seek temporary spousal and/or child support. A spouse or other family member can always seek a protective order if they need to.
A couple in a covenant marriage may also seek a divorce if they can show that they’ve “been living separate and apart without getting back together for at least two straight years before the divorce case is filed.”
Seeking a legal separation
A spouse can also choose to seek a legal separation instead of a divorce in much the same way and then eventually seek a divorce (or not). The law states that a divorce may be granted if the “spouses have been living separate and apart continuously without reconciliation for at least one year from the date the decree of legal separation was entered.”
If you’re in a covenant marriage here in Arizona and considering separation or divorce (or believe your spouse is), it’s important to get experienced legal guidance as soon as possible to help you protect your rights and determine your next steps.