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Covenant Marriage

September 20, 2022 Cindy Best

A covenant marriage is rare in Arizona. It is a special form of marriage recognized in Arizona that requires a higher standard to dissolve than a standard no-fault marriage. Spouses who choose covenant marriage at the time of marriage opt into a legal framework that limits the grounds for divorce.

Unlike a standard Arizona no-fault divorce where the court only needs a finding that the marriage is irretrievably broken, dissolution of a covenant marriage requires specific statutory grounds: adultery, felony conviction, abandonment, abuse, substance abuse, separation for the required period, or mutual agreement depending on the facts.

Covenant marriage issues are uncommon in Arizona practice but they matter when they arise because they change the threshold the petitioning spouse must meet to obtain a divorce.

If you are in a covenant marriage and considering divorce the analysis starts with whether your facts meet one of the enumerated grounds. This is one of the situations where a consultation before filing is particularly important.

 

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