Legal Question in Family Law in Arizona

Re: Covenant Marriage

The Arizona legislature a couple of years ago, in an attempt to stem the tide against divorce, make people think a little harder before getting into marriage, and make it more difficult to exit marriage, came up with the idea of a Covenant Marriage. They turned this idea into law, which starts at Ariz.Rev.Stat. sec 25-901. LawGuru does not have enough space for me to copy the entire law here, but you can look it up and read it at http://www.azleg.state.az.us/ars/ars.htm

To legally enter a covenant marriage, a couple is required to undergo premarital counseling (and must acquire an affidavit to prove it) and make a written agreement that you intend to stay married for life, and that you will undergo marital counseling in the event of difficulties. Both parties must sign this agreement, and it must be witnessed. Application for a covenant marriage license must be accompanied by a notarized note from the clergy or counselor who performed the premarital counseling. The counseling itself, the written agreement and the notarized note must cover very specific topics, all of which is spelled out in the statute.

Although we are a "no fault" state for purposes of a regular divorce, a judge is not allowed to dissolve a covenant marriage without grounds. The statute ARS 25-903 spells out the permissible grounds as adultery, commission of a felony, abandonment, drug abuse, physical or sexual abuse, or physical separation of at least two years without reconciliation. This is a summary of the law, and in no way a full or complete recounting. Anyone interested in entering into a covenant marriage should understand that it places a very different burden on divorcing couples than the normal dissolution laws, and should not enter into such a marriage lightly, or without being thoroughly familiar with the law's exact requirements. I hope this helps.

Re: Covenant Marriage

In Arizona, if you have a Non-Covenant Marriage, and you have the unfortunate need to seek a Divorce, you are entitled to seek one simply by alleging that the marriage is "irretrievably broken with no reasonable prospect of reconciliation". Thus, you can seek, or be served with a divorce without having to show "cause".

If you choose to enter a covenant marriage, you can only seek a divorce under certain circumstances, which are briefly as follows:

1. Adultery

2. If one spouse has committed a felony and has been sentenced to death or imprisonment.

3. Abandonment for at least one year.

4. Physically or sexual abused of a spouse, a child, a relative of either spouse permanently living in the matrimonial domicile or domestic violence.

5. If the spouses have been living separate and apart continuously without reconciliation for at least two years before the petition is filed

6. If the spouses have been living separate and apart continuously without reconciliation for at least one year from the date a decree of legal separation was entered.

7. Habitual abuse of drugs or alcohol.

8. If both agree to a dissolution of marriage.

Please call me directly if you have further questions.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com