Three states have covenant marriage laws on the books: Louisiana, Arizona, and Arkansas. A covenant marriage is a separate, stricter marriage license available in those states. Couples who choose it complete premarital counseling, sign a declaration committing to the marriage for life, and give up access to no-fault divorce. If the marriage later ends, the spouse filing has to prove a specific ground such as adultery, abuse, felony conviction, or a long separation.
The Three States and When They Adopted the Law
Louisiana enacted the first covenant marriage statute in 1997.1Justia. Louisiana Code 9:272 – Covenant Marriage; Intent; Conditions To Create Arizona followed in 1998 with a nearly identical framework.2Arizona Legislature. Arizona Code 25-901 – Covenant Marriage; Declaration of Intent; Filing Requirements Arkansas joined in 2001.3Justia. Arkansas Code 9-11-801 – Title No state has added a covenant marriage option since.
In all three states, a covenant marriage is a choice, not the default. Couples who do nothing special get a standard marriage license and keep access to no-fault divorce. The covenant version has to be requested.
What It Takes to Enter a Covenant Marriage
Each of the three states requires two things before issuing a covenant marriage license: premarital counseling and a signed declaration of intent.
Premarital Counseling
The counseling has to be done with a member of the clergy or a licensed marriage counselor, and it has to cover four points: that the commitment is serious, that a covenant marriage is intended to last a lifetime, that the couple agrees to seek counseling if problems come up later, and that divorce will be available only on limited grounds.2Arizona Legislature. Arizona Code 25-901 – Covenant Marriage; Declaration of Intent; Filing Requirements Louisiana adds a specific requirement that the counselor hand over an informational pamphlet published by the state attorney general’s office explaining what the couple is signing up for.1Justia. Louisiana Code 9:272 – Covenant Marriage; Intent; Conditions To Create
Declaration of Intent
After counseling, both spouses sign a declaration of intent stating they understand the marriage is for life and that they will take reasonable steps to preserve it if problems arise. The package includes a written recitation signed by both parties, an affidavit confirming counseling happened, and a notarized attestation from the counselor. Signatures are witnessed by a notary. The declaration is filed with the marriage license application.2Arizona Legislature. Arizona Code 25-901 – Covenant Marriage; Declaration of Intent; Filing Requirements
Converting an Existing Marriage
Already-married couples in all three states can convert a standard marriage into a covenant marriage. The steps match what new couples do: complete counseling, sign a declaration of intent, and file it with the office that issued the original license. In Louisiana and Arkansas, couples who married out of state file in the parish or county where they live. Once the paperwork is filed, the stricter divorce rules apply from that point forward.
Grounds for Divorce
The point of a covenant marriage is that irreconcilable differences will not get you out. A spouse who wants a divorce has to prove something specific, and counseling is required before filing. The lists overlap but are not identical.
Louisiana
- Adultery
- The other spouse was sentenced to death or imprisonment at hard labor
- Abandonment: the other spouse left for at least one year and refuses to return
- Physical or sexual abuse of the filing spouse or a child
- Living separately for two continuous years without reconciliation, or one year after a court-ordered legal separation (18 months with minor children)
Louisiana does not allow a covenant marriage to be dissolved by mutual consent alone.4Justia. Louisiana Revised Statutes 9:307 – Divorce or Separation From Bed and Board in a Covenant Marriage
Arizona
- Adultery
- The other spouse was sentenced to death or imprisonment
- Abandonment of at least one year
- Physical or sexual abuse of the spouse, a child, or a relative living in the home, as well as domestic violence or emotional abuse
- Living separately without reconciliation for at least two years, or at least one year after a legal separation decree
- Habitual abuse of drugs or alcohol by the other spouse
- Mutual consent of both spouses
Arizona is the only one of the three states that permits a covenant marriage divorce by mutual agreement. It also recognizes emotional abuse and habitual substance abuse as standalone grounds.5Arizona Legislature. Arizona Code 25-903 – Dissolution of a Covenant Marriage; Grounds
Arkansas
- Adultery
- Felony or other serious crime
- Physical or sexual abuse of the filing spouse or a child
- Living separately without reconciliation for two continuous years, or two years after a judicial separation (two and a half years with minor children)
Arkansas has the shortest list. Abandonment is not a separate ground, substance abuse is not recognized, and mutual consent is not an option.6Justia. Arkansas Code 9-11-808 – Divorce or Separation
Separation Timelines Compared
For a couple without a fault ground to prove, living apart for the required period is the only path out. The clock starts when the couple actually separates, not when anyone files.
- Louisiana: two continuous years, or one year after a legal separation order. With minor children following a legal separation, 18 months.4Justia. Louisiana Revised Statutes 9:307 – Divorce or Separation From Bed and Board in a Covenant Marriage
- Arizona: two continuous years, or one year after a legal separation decree.5Arizona Legislature. Arizona Code 25-903 – Dissolution of a Covenant Marriage; Grounds
- Arkansas: two continuous years, or two years after a judicial separation. With minor children, two and a half years.6Justia. Arkansas Code 9-11-808 – Divorce or Separation
If You Move to a State Without Covenant Marriage
A covenant marriage from Louisiana, Arizona, or Arkansas remains a valid marriage anywhere in the country. Whether the stricter divorce rules travel with the couple is a separate question. A state that has no covenant marriage law has no framework for enforcing covenant-specific restrictions, and its courts would typically apply their own divorce procedures. Anyone considering a move should talk to a family law attorney in both the current and destination state before relying on either set of rules.
Are Other States Adding Covenant Marriage
No state has adopted a covenant marriage law since Arkansas did in 2001. Bills have surfaced in other legislatures from time to time without passing. For now, the choice is only available to couples marrying or living in Louisiana, Arizona, and Arkansas.