A covenant marriage is a form of marriage which requires spouses to agree that marriage is intended to be a lifetime commitment, and (in some cases) further that grounds for a later divorce will be limited by law.
Though both proponents and opponents believe it to be "inviting religion into the public square", the laws in the three states having covenant marriages (Arizona, Arkansas, and Louisiana) are written in neutral legal terminology; any couple regardless of religious faith (or lack thereof) may enter into such a marriage.
In order to enter into a covenant marriage, the spouses must agree to premarital counseling before the ceremony. A married couple may convert their standard marriage into a covenant one at a later date, but not vice versa.
Should one or both spouses later seek a divorce, they may be required to attend marital counseling before a divorce will be granted. Furthermore, unlike no-fault divorce, grounds are limited to one of five specific areas: 1) adultery, 2) felony conviction, 3) substance abuse, 4) physical or sexual abuse of the other spouse or a child, and 5) living apart for a specified period of time (as long as two years in some cases).
Despite the goals of proponents, only around one percent of marriages in the three states having them are covenant marriages.
Covenant marriage is also taught as a religious concept (Jimmy Evans, the founder of XO Marriage, teaches this concept). In this arena, a couple will voluntarily agree that they will always attempt to work out problems that will inevitably occur in the marital arena, and not rush to the divorce courts. However, such an agreement is only voluntary, and unless the couple actually obtained a legal covenant marriage (in the states where it is available), nothing would prevent either party from seeking a no-fault divorce.
Categories: [Marriage] [Legal Terms]