Exploring Covenant Marriage in Arizona with Smith & Green, Attorneys at Law

Welcome to Smith & Green, Attorneys at Law, P.L.L.C., where we are dedicated to providing comprehensive legal guidance in all matters pertaining to family law. In today’s blog post, we embark on an exploration of a unique concept in marital relationships in Arizona: covenant marriage.

In the landscape of family law in the United States, covenant marriage represents a distinct approach to the institution of marriage, offering couples a deeper level of commitment and a heightened sense of responsibility towards their union. 

As experienced family law attorneys, Smith & Green understands the nuances and implications of covenant marriage, and we’re here to shed light on this topic for our readers.

Join us as we delve into the definition of covenant marriage, its origins, the legal implications, and the reasons why some couples choose to enter into this sacred and enduring commitment. Whether you’re considering covenant marriage for your own relationship or seeking to understand its relevance in today’s legal landscape, this blog post aims to provide valuable insights and clarity on this fascinating aspect of family law.

Quacy L. Smith

Founding Partner

James M. Green

Founding Partner

What is Covenant Marriage?

Covenant marriage is a unique form of marital commitment that goes beyond the traditional vows exchanged in marriage ceremonies. It involves a solemn covenant between spouses, wherein they pledge to uphold the sanctity of their union and remain steadfast in their commitment to each other, even in the face of adversity. Unlike traditional marriages, covenant marriages impose stricter requirements and obligations on couples, emphasizing the enduring nature of the marital bond.

They are also more difficult to dissolve, requiring explicit reasons for the divorce.

Legal Status of Covenant Marriage in Arizona

Covenant marriage is unique, and only legal in three states: Arizona, Arkansas, and Louisiana. Arizona made covenant marriage legal in August of 1998. Couples who had a traditional marriage before 1998 can convert their marriage to a covenant marriage but people who have a legal covenant marriage cannot convert it into a traditional one.   

Couples who choose covenant marriage are subject to a distinct set of legal provisions and requirements that govern their marital relationship, including prerequisites for entering into covenant marriage and procedures for dissolution.

Purpose and Significance of Covenant Marriage

The primary purpose of covenant marriage is to foster stronger, more resilient marital relationships by promoting a deeper sense of commitment and mutual support. Couples who opt for covenant marriage often do so for religious or philosophical reasons, viewing it as a sacred covenant before their faith, community, and each other. By emphasizing the permanence of the marital bond and encouraging couples to work through challenges rather than seeking immediate divorce, covenant marriage aims to reduce divorce rates and promote marital stability.

What Are the Conditions for Covenant Marriage in Arizona?

Entering into a covenant marriage in Arizona entails fulfilling specific prerequisites designed to ensure that couples fully understand and appreciate the gravity of their commitment. These prerequisites include:

Premarital Counseling

Couples must undergo premarital counseling with a licensed marriage counselor or clergy member.

Counseling sessions cover topics such as the significance of covenant marriage, marital obligations, conflict resolution, and the process of dissolution. The goal of premarital counseling is to provide couples with the necessary tools and understanding to navigate the challenges of marriage and strengthen their bond.

Marriage License Application

After completing premarital counseling, couples must apply for a marriage license from the county clerk’s office. The marriage license application includes a declaration of intent to enter into a covenant marriage, affirming the couple’s commitment to lifelong marriage and their understanding of its implications.

Declaration of Intention

The marriage license application must include a Declaration of Intention, signed by both parties, declaring their agreement to enter into a covenant marriage. This declaration serves as a formal acknowledgment of the couple’s mutual commitment to the principles of covenant marriage and their willingness to abide by its requirements.

Attestation Affidavit

Couples must submit a notarized attestation affidavit from their marriage counselor or clergy member, confirming their completion of premarital counseling and understanding of covenant marriage.

The affidavit attests to the couple’s readiness to enter into covenant marriage and their comprehension of its solemnity and obligations.

How Do You Dissolve a Covenant Marriage in Arizona?

Dissolving a covenant marriage in Arizona involves specific legal grounds, as these marriages focus on perseverance and reconciliation. Grounds for divorce include infidelity, where one spouse commits adultery; criminal conviction of a serious crime leading to imprisonment or the death penalty; substance abuse creating a risky environment for the family; abandonment without justification; domestic violence, emotional, or sexual abuse towards a spouse or children; legal separation sanctioned by the court or a separation lasting at least one or two years, depending on the situation; and mutual consent, where both spouses agree that reconciliation attempts have failed. The divorce process might require extensive legal proceedings, especially if there is a dispute over the divorce grounds or consent to dissolve the marriage. Legal separation can be an alternative to divorce if certain conditions are satisfied.

Converting a Traditional Marriage to a Covenant Marriage

While couples entering into covenant marriage cannot revert to a traditional marriage, those in traditional marriages have the option to convert their union to a covenant marriage in Arizona. This process involves submitting a formal request to a superior court, along with relevant documentation and fees. Upon approval by the court, the traditional marriage is officially converted to a covenant marriage, subjecting the couple to the additional requirements and obligations associated with covenant marriage.

Covenant marriage represents a profound commitment to marital unity and resilience, offering couples in Arizona a pathway to deeper connection and mutual support. As family law attorneys at Smith & Green, Attorneys at Law, P.L.L.C., we are dedicated to guiding couples through the complexities of covenant marriage and providing them with the legal assistance they need to protect their interests and uphold their marital vows. Whether you’re considering entering into a covenant marriage or navigating the process of dissolution, we’re here to advocate for your rights and help you achieve a positive outcome.

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