Arizona
Couples applying for a Covenant Marriage
According to legislation (A.R.S. 25-901-906) which became effective Aug. 21, 1998, couples who are planning to apply for a Covenant Marriage License must provide a notarized statement from the clergy or marriage counselor who provided their premarital counseling.

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The notarized attestation/statement should confirm that:

• the parties were advised about the nature and purpose of a covenant marriage;

• the parties were advised regarding the limited reasons for ending marriage by legal separation or divorce; and

• the parties were given a copy of the pamphlet, Covenant Marriages in Arizona, published by Arizona Office of the Courts (AOC).

At the Marriage License Office, the engaged couple will be asked to sign a marriage license affidavit and the "Declaration of Intent to Enter Into a Covenant Marriage" which states they met statutory requirements.

Converting Existing marriages to Covenant Marriage:

Couples who are already married may convert their existing marriage to a covenant marriage. It does not matter where their license was issued. Solemnization (a wedding ceremony) is not required to accomplish the conversion to a covenant marriage.

The married couple will be required to sign a marriage license affidavit and a "Declaration of Intent to Enter Into a Covenant Marriage" form at the Marriage License Office. The fee to convert a traditional license to a covenant marriage is $30.00.

Covenant License Fee:

The cost for the Covenant License is $83.00, which is the same as the Traditional Marriage License.

Ending a Covenant Marriage:

It is far more difficult to dissolve a Covenant Marriage. No Fault rules do not apply because the spouses made a legally binding promise to remain married for the rest of their lives. Arizona courts will grant a dissolution to a covenant marriage if the petitioner can prove the respondent (other spouse):

• Committed adultery

• Abused drugs or alcohol, to such an extent that the marriage became intolerable

• Assaulted the petitioner, any children, or other family members

• Had abandoned the petitioner for one year, and refused to return

• Was sentenced to death or imprisoned for a major felony

• Were granted a separation and have been separated for one year

• Agreed to a divorce.

The spouses may also agree to a separation, and will be granted a divorce if they have been separated for one year. The grounds are similar to the grounds for divorce.

Advice for Covenant Spouses:

After a good faith effort to save the marriage has failed, contact an experienced family lawyer. A covenant Dissolution will have the same issues raised by a no fault divorce:

• Valuation of income or separate property

• Spousal support

• Child Support

• Parenting Issues

• Legal decision making status.

Don’t attempt to negotiate a marital dissolution without the help of a lawyer. They can advise people on their rights and available remedies. A family lawyer has the experience and staff to help clients get a fair settlement.

The Arizona State Supreme Court has an electronic version of the booklet on their website. You may get a copy of the Covenant Marriage in Arizona booklet, here!

You may also contact a member of the clergy or a marriage counselor.

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Ask a Lawyer Online Now! 24 Lawyers Are Online. Ask a Question, Get an Answer ASAP.