July 14, 2014 | Published in Divorce
Is the divorce process different for Arizona covenant marriages?
Throughout the course of this blog, divorce has generally been discussed in terms of basic marriage agreements. Under these circumstances, an individual doesn’t need a specific reason to file for divorce. In other words, it is a no-fault arrangement.
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It’s worth noting, however, that Arizona law offers another option: covenant marriage. Not only is the process to get married under this arrangement slightly different than a “standard” marriage, but so too is the process to get divorced or legally separated.
As a point of reference, a covenant marriage is a marriage arrangement that one man and one woman can enter to in the state of Arizona after they’ve gone through premarital counseling and sign a written statement. The binding legal statement strongly emphasizes the commitment involved in marriage. Generally speaking, it’s more difficult to move forward with divorce in a covenant marriage.
When can a covenant marriage proceed with divorce?
At the same time, the state law specifically lays out eight situations in which people in a covenant marriage can proceed with the divorce. According to the Arizona Supreme Court, the following situations provide grounds for divorce in this type of arrangement:
- Adultery
- Abandonment of the marital home
- Substance Abuse involving drugs or alcohol
- Commission of a Serious Crime
If your spouse opposes the divorce, you must meet these conditions to proceed.
Couples in a covenant marriage who are contemplating divorce may also consider options such as marriage counseling or undergoing an extended separation period before filing.
While Arizona is a “no-fault” divorce state—allowing divorce if the marriage is irretrievably broken—covenant marriages require legal grounds for divorce unless both spouses mutually agree to dissolve the marriage.
Arizona does not mandate a separation period before filing for divorce. However, after submitting a divorce petition, the court must observe a waiting period of at least 60 days before finalizing the divorce decree.
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Even before couples married under this sort of arrangement can begin to think about property division, child custody, and child support, they must meet very specific conditions. As such, the burden to move forward with divorce — even if it is the right move — could become tedious without clear guidance.
Arizona Supreme Court, “Covenant Marriage in Arizona,” accessed July 10, 2014
William D. Bishop is the founder of Bishop, Del Vecchio & Beeks Law Office, P.C., with over 30 years of legal experience. He is a Certified Family Law Specialist by the State Bar of Arizona and a Fellow of the American Academy of Matrimonial Lawyers. Recognized among Arizona’s top 50 attorneys by Southwest Super Lawyers, Mr. Bishop has consistently been listed in Best Lawyers in America for Family Law since 2018. He holds an AV Preeminent Peer Review Rating from Martindale-Hubbell and actively contributes to the legal community through leadership roles and educational initiatives.
William D. Bishop
