How Does Divorce Work for a Covenant Marriage in Arizona?

Many people in Arizona assume divorce works the same way for every marriage. If you are in a covenant marriage, that assumption can be costly.

A covenant marriage changes how and when a divorce can happen. It does not eliminate divorce entirely, but it limits access to it, adds procedural steps, and requires proof that specific legal conditions exist. Understanding those rules early is critical to avoiding delays, missteps, and unnecessary conflict.

If you have any questions, contact our Mesa family lawyers today.

What Makes a Covenant Marriage Different?

Arizona recognizes two types of marriages:

  • Regular (non-covenant) marriages
  • Covenant marriages

A covenant marriage is entered voluntarily and requires:

  • Premarital counseling
  • A signed Declaration of Intent
  • Acknowledgment that divorce will be more restricted

While married, both types of marriages function the same. The difference appears only when divorce is sought.

Divorce Is Not Automatic in a Covenant Marriage

Arizona is a no-fault divorce state except when it comes to covenant marriages.

In a regular marriage, alleging that the marriage is “irretrievably broken” is enough. In a covenant marriage, that is not sufficient.

To divorce, you must prove that one of the legally permitted grounds exists. Without grounds, the court may refuse to grant a divorce.

The Legal Grounds Required for Divorce

Under Arizona law, divorce in a covenant marriage is allowed only if one or more specific grounds can be proven.

Common grounds include:

  • Adultery
  • Abandonment
  • Physical or sexual abuse
  • Substance abuse that seriously affects the marriage
  • Commission of a felony
  • Living separate and apart for a required period of time
  • Mutual agreement to divorce after counseling

These are not merely allegations. They often require evidence.

Counseling Is Usually Required

Covenant marriages emphasize reconciliation before dissolution.

As a result, courts typically require:

  • Marriage counseling
  • Proof that counseling was completed or attempted
  • Documentation submitted to the court

Counseling is not optional in most covenant-marriage divorces. Skipping this step can halt the case.

Counseling does not force reconciliation, but it is part of the legal process.

What if Only One Spouse Wants the Divorce?

This is where covenant marriages become especially restrictive.

If only one spouse wants the divorce:

  • The filing spouse must prove legal grounds
  • The other spouse does not need to agree
  • The court will not grant a divorce without evidence

Simply wanting out of the marriage is not enough.

This often turns covenant-marriage divorces into evidence-driven cases, rather than procedural ones.

Legal Separation Is Often the First Step

When divorce grounds cannot be proven, couples in covenant marriages often pursue legal separation instead.

Legal separation allows the court to:

  • Divide property and debt
  • Establish custody and parenting time
  • Set child support and spousal maintenance

But the marriage itself remains legally intact.

After a required period of separation, divorce may later become available under the statute.

How Long Does Divorce Take in a Covenant Marriage?

Covenant-marriage divorces often take longer than regular divorces because:

  • Grounds must be established
  • Counseling must be completed
  • Evidence may need to be gathered
  • Hearings may be required

Even uncontested covenant divorces usually take longer due to procedural requirements.

Speed is not the design goal of covenant marriage law.

Does Covenant Marriage Affect Custody or Property Division?

Importantly, no.

Once the case proceeds, Arizona applies the same standards for:

  • Property division
  • Child custody and parenting time
  • Child support
  • Spousal maintenance

The difference is access to divorce, not how issues are decided once the court is involved.

Can Both Spouses Agree to Divorce a Covenant Marriage?

Yes, but even agreement has limits.

If both spouses agree to divorce:

  • Counseling is still typically required
  • The court must still confirm statutory compliance
  • The process is still more structured than a regular divorce

Agreement helps, but it does not eliminate the covenant-marriage framework.

Common Mistakes People Make With Covenant Marriages

Some of the most common (and expensive) mistakes include:

  • Assuming no-fault divorce applies
  • Filing without establishing grounds
  • Skipping required counseling
  • Treating the case like a regular divorce
  • Underestimating timeline and evidence needs

These missteps often lead to dismissal, delay, or unnecessary litigation.

Strategic Considerations Matter More in Covenant Marriages

Because covenant marriages limit options, strategy matters early.

Important questions include:

  • Do legal grounds clearly exist?
  • Is evidence available and credible?
  • Does legal separation make more sense initially?
  • How will delay affect finances or children?

Making assumptions instead of planning can lock you into a slower, more expensive path.

Why Arizona Allows Covenant Marriage at All

Arizona’s covenant-marriage laws exist to:

  • Allow couples to choose stricter divorce standards
  • Reflect personal or religious values
  • Encourage reconciliation where possible

But the law balances that intent against fairness and safety. Divorce is still possible, just structured differently.

How to Confirm Whether You Have a Covenant Marriage

Many people are unsure about which type of marriage they have.

To confirm:

  • Review your marriage license
  • Look for a Declaration of Intent
  • Have an attorney verify the record

Never assume. The legal consequences are significant.

The Bigger Picture

Divorce in a covenant marriage is not impossible,  but it is procedural, evidence-based, and intentional.

Arizona courts take covenant-marriage requirements seriously. Treating the case like a standard divorce almost always causes delay.

Understanding the framework early protects time, money, and emotional energy.

A Practical Next Step

If you are in a covenant marriage and considering divorce, clarity matters before filing anything or making assumptions about how the process will work.

If you would like to learn more, give us a call for a consultation.