While divorce of a non covenant marriage requires only a finding, as declared by either spouse, that the marriage is irretrievably broken, the dissolution or divorce of a covenant marriage can only occur if the court finds that any of the following have occurred, per ars 25903 petitioner refers to the spouse who files for divorce. Is the divorce process different for arizona covenant marriages. To initiate a divorce in arizona, a spouse files a petition for dissolution of marriage with the clerk of the. What is a covenant marriage in arizona hildebrand law, pc. Any information you provide to affordable arizona divorce, llc is kept. Some people have asked what is a covenant marriage in arizona. Arizona state divorce code title 25, chapter 3, article 2, sections 311 to 330. If the other spouse does not want to dissolve the marriage, then the petitioner must allege and prove one of the following grounds for divorce. Free divorce consultation in tucson whether you are bound by the arizona nofault. The arizona legislature passed a law creating a type of marriage called a covenant marriage. Affordable arizona divorce, llc is not a law firm or a substitute for an attorney, we therefore cannot provide you with legal advice. You will find more information about divorce, including the risks of taking your children out of state while a divorce is.
On this page you can locate arizona divorce lawyers, mediators, and other professionals as well as learn. The marriage is irretrievably broken the nofault ground or, if the marriage is a covenant marriage arizona recognizes what is considred a higher form of marriage called a covenant marriage the. Common law marriage and covenant marriage the divorce guy. History of covenant marriage laws although in 1997 louisiana.
If you have a covenant marriage defined on page 27, however, under state law the court cannot grant a divorce unless certain. In 1998, the arizona state legislature created an additional type of marriage called covenant marriage. Divorce law basics in the state of arizona also see. The covenant marriage laws try to put the brakes on quickie divorces by. In traditional marriages in arizona, dissolution of. This type of marriage requires that both husband and wife would have had to. In arizona, how do i file for a divorce in a covenant. Marriage, common law marriage, and covenant marriage marriage in arizona marriage is a contractual relationship.
Covenant marriage definition, examples, cases, processes. In contrast to nofault divorces more lenient requirements for noncovenant marriages. Arizona, has followed louisiana in approving covenant marriages, in which couples voluntarily impose limits on their ability to divorce. Like most states, arizonas nofault divorce law allows the marriage to be dissolved without allegations and proof of fault. Arizona divorce law recognizes what is termed a covenant marriage, which is a higher standard of marriage. As of august21, 1998, the arizona legislature created a new type of. The arizona revised statutes have been updated to include the revised sections from the 54th legislature, 1st regular session. Louisiana however was the first state in the union to pass such a statute. Under arizona law, legal grounds must be alleged to support a request for divorce from a covenant marriage unless the spouses agree to it. In a covenant marriage, legal separation or divorce in arizona, a dissolution of marriage may be granted by the court only for specific reasons listed in state. A legal union of husband and wife that requires premarital counseling, marital counseling if problems occur, and limited grounds for divorce. In a covenant marriage, legal separation or divorce in. Covenant marriage is a type of marriage that only exists in three u.
Arizona covenant marriage arizona wedding ceremonies. Marriage licenses maricopa county clerk of superior court. Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing. The specific reasons under which a court may grant a divorce for a covenant marriage are listed in arizona revised statutes sections 25901 to 25906.
Arizona marriage laws divorce, alimony, family law, and more. You would likely know if you entered into a covenant marriage, but if youre not sure, here is a summary of what is involved in achieving a covenant marriage in arizona. A covenant marriage differs from a standard marriage both in the steps it takes to get married, as well as the requirements for divorce or legal separation. Arizona as part of divorce law recognizes what is considered a higher form of marriage, called a covenant marriage.
Irretrievable breakdown of the marriage or that one spouse desires to live separate and apart are the grounds for legal separation in arizona. A covenant marriage, which is presumably a higher standard of marriage that arizona incorporated into law in 1998, differs from a standard marriage both in the steps necessary to get married and the. Arizona divorce faq family law frequently asked questions. Covenant marriage is only recognized in three states. Covenant marriages may be ended on grounds of 1 adultery, 2 conviction of a felony. Divorce in arizona is referred to as dissolution of marriage. Under arizona law, the only question for the court is whether the marriage is irretrievably broken, meaning that there is no reasonable chance that the spouses want to keep the marriage together. At the marriage license office, the engaged couple will be asked to sign a. A note about covenant marriages if you are in a covenant marriage in the state of arizona and you wish to get divorced, the state law cannot grant you a divorce without reason. In short, covenant marriage laws offer couples a choice, at time of marriage or later, to limit the grounds for divorce in their marriage. Mesa divorce basics filing for divorce in arizona my.
Arizona has what are commonly called nofault grounds for dissolution. Arizona, a dissolution of marriage may be granted by the court only for specific reasons listed in state. Is covenant marriage the answer to a rising divorce rate. In reaction to the nofault divorce movement that made divorce easier, arizona, arkansas, and louisiana have passed laws that allow couples to choose what is termed a covenant.
If a couple chooses covenant marriage, they are required to obtain. Our arizona divorce source is a resource to get you the statespecific divorce information you need. The divorce laws that pertain to covenant marriages are very different from the nofault laws that apply to traditional unions. Covenant marriages and divorces in arizona canterbury. These types of marriages can only be dissolved by a court either for adultery. Covenant marriage is a legally distinct kind of marriage in three states arizona, arkansas, and. Below, you can find information about arizona divorce laws. Please note that the next update of this compilation will not take. Unfortunately, not all covenant marriages survive and can leave a wake of devastating emotions of anger and resentment. Nofault divorce arizona covenant marriage requirements. The parties promise to get premarital counseling, and state their understanding that marriage is a lifelong commitment. Common reasons for ending a covenant marriage in arizona.
In order to file for dissolution of marriage in arizona, one of the parties must be domiciled in the state, or stationed in the. Premarital counseling from a marriage counselor a member of the clergy is required for this type of marriage. Legal covenant marriages are available in arkansas, arizona and louisiana. The parties promise to get premarital counseling, and state their. Arizona divorce and family law arizona divorce source. The arizona revised statutes contains public health and safety law, criminal law, accountancy, agriculture, alcoholic beverages, banks, children, trusts and estates.
Guide to child custody laws in arizona if you are an arizona parent going through child custody proceedings, you may want to know more about child custody laws in arizona. On may 21, 1998, arizonas governor signed into law an amended version of title 25 of the. Covenant marriage legal definition of covenant marriage. In a covenant marriage, a legal separation or divorce may be granted only for certain reasons listed in state law. The marriage of the parties is irretrievably broken. One of the most important parts of a covenant marriage is the limited reasons couples can cite when requesting a divorce, or dissolution of marriage. Divorce in az the comprehensive resource for divorce in. Arizona divorce laws grounds for divorce, divorce filing. Called a covenant marriage, this is an additional option for couples in az that want to marry. Covenant marriage divorce in arizona affordable az divorce. The laws for marriage vary from one state to another. Divorce for a covenant marriage maricopa county superior court. Arizona divorce for covenant marriages bishop law office.
The covenant marriage differs both in the steps necessary to get married and the. You may also want to read the covenant marriage in arizona brochure for more information. When a covenant marriage ends in an arizona divorce. Arizona allows people to obtain what are known as covenant marriages.
The covenant marriage laws try to put the brakes on quickie divorces by fostering a renewed commitment to having a longterm marriage. In a covenant marriage, the couple agrees to go through premarital counseling with a marriage. About covenant marriages in 1998, the arizona legislature established the covenant marriage, intending to offer an alternative option for people who want to get married. The parties may still agree to dissolve their covenant marriage. A covenant marriage offers an option to couples who wish to marry. These are marriages identical to all others except that the spouses have undergone special premarital counseling to strengthen their. Covenant marriage is a legally distinct kind of marriage in three states arizona, arkansas, and louisiana of the united states, in which the marrying spouses agree to obtain premarital counseling and accept. Physical harm or sexual harm by respondent toward the petitioner. Arizonas covenant marriage a covenant marriage is not mandatory. The law regarding covenant marriages can be found in sections 25901 through 25906 of. Throughout the course of this blog, divorce has generally been discussed in terms of basic.