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Many couples in Arizona don’t realize there are two legally distinct types of marriage, and that the difference matters most at divorce, not at the wedding.
A covenant marriage and a regular (non-covenant) marriage look the same day to day. They carry the same rights and responsibilities while the marriage is intact. The difference shows up if the marriage ends.
Understanding that difference early prevents serious misunderstandings later. Our Mesa family lawyers can help you understand the differences.
Arizona Recognizes Two Types of Marriage
In Arizona, couples may enter into either:
- A regular marriage, or
- A covenant marriage
Most marriages in Arizona are regular marriages. Covenant marriages are less common and require additional steps to enter and stricter requirements to dissolve.
Get Clear Guidance for Your Divorce
What Is a Regular Marriage in Arizona?
A regular marriage is the default form of marriage in Arizona.
Key Characteristics
- No special declaration required
- No mandatory premarital counseling
- Divorce is available under no–fault standards
To divorce, a spouse generally only needs to allege that the marriage is irretrievably broken.
No proof of wrongdoing is required.
This structure reflects Arizona’s no-fault divorce system and prioritizes the ability to exit a marriage without prolonged litigation over blame.
A Calmer, Clearer Way Through Divorce
What Is a Covenant Marriage?
A covenant marriage is a voluntary, more restrictive form of marriage that couples may affirmatively choose.
To enter a covenant marriage, couples must:
- Receive premarital counseling
- Sign a Declaration of Intent
- Acknowledge that divorce will be more limited
The purpose is to reflect a commitment to making divorce more difficult and encouraging reconciliation before dissolution.
The Real Difference Appears at Divorce
The most important distinction between a covenant marriage and a regular marriage is how divorce works.
Regular Marriage Divorce
- No-fault divorce
- “Irretrievably broken” is sufficient
- No requirement to prove misconduct
Covenant Marriage Divorce
- Divorce is only allowed for specific legal grounds
- Additional counseling requirements may apply
- The process is more structured and restrictive
This difference can significantly affect timeline, cost, and strategy.
Grounds for Divorce in a Covenant Marriage
A spouse in a covenant marriage cannot divorce simply because the marriage is over.
Arizona law limits divorce to specific grounds, such as:
- Adultery
- Abandonment
- Physical or sexual abuse
- Substance abuse
- Commission of a felony
- Living separate and apart for a specified period
- Mutual agreement after counseling
If none of these grounds can be proven, the court may not grant a divorce, though legal separation may still be available.
This is a major departure from regular marriage rules.
Counseling Requirements in Covenant Marriages
Covenant marriages emphasize reconciliation efforts.
Before a divorce is granted, courts often require:
- Marriage counseling
- Proof that reconciliation was attempted
- Documentation of compliance
These requirements can extend the process and increase expense, especially when the parties disagree about whether grounds exist.
Legal Separation vs. Divorce in Covenant Marriages
When divorce grounds cannot be established, spouses in a covenant marriage may still pursue legal separation.
Legal separation:
- Resolves custody, support, and property issues
- Does not dissolve the marriage
- May later convert into a divorce if conditions are met
This option is used more frequently in covenant marriages than in regular marriages.
How Property, Custody, and Support Are Treated
Importantly, the substantive rules for:
- Property division
- Child custody
- Child support
- Spousal maintenance
are generally the same in both types of marriages.
The difference is access to divorce, not how courts divide assets or decide parenting issues once the case proceeds.
Can You Change a Regular Marriage Into a Covenant Marriage?
Yes, but only if both spouses agree.
Couples may convert a regular marriage into a covenant marriage by:
- Completing counseling
- Signing the required declaration
- Filing proper paperwork
One spouse cannot unilaterally convert the marriage.
Can You Change a Covenant Marriage Back to a Regular Marriage?
No.
Once a marriage is designated as a covenant marriage, it cannot be converted back to a regular marriage.
That decision has permanent legal consequences.
Why This Distinction Matters Strategically
Many people only discover they are in a covenant marriage when divorce becomes necessary.
At that point:
- Grounds must be evaluated carefully
- Evidence matters more
- Timelines may lengthen
- Litigation risk increases
Assuming a no-fault divorce is available when it is not can lead to costly missteps.
Common Misconceptions About Covenant Marriage
Some frequent misunderstandings include:
- “It just makes divorce slower” (it can prevent it entirely without grounds)
- “Counseling is optional” (it often isn’t)
- “It affects custody rules” (it doesn’t)
- “Most marriages are covenant marriages” (they aren’t)
The distinction is narrow but powerful.
How to Find Out Which Type of Marriage You Have
If you are unsure whether your marriage is a covenant marriage:
- Review your marriage license
- Look for a Declaration of Intent
- Consult with an attorney who can verify records
Never assume: the legal consequences differ too much.
The Bigger Picture
Arizona’s covenant marriage option exists to:
- Allow couples to choose stricter divorce standards
- Encourage reconciliation efforts
- Reflect personal or religious values
But it also creates very real legal limitations when a marriage ends.
Understanding which framework applies to your marriage is essential before making any decisions.
A Practical Next Step
If you are considering divorce in Arizona or trying to understand your rights under a covenant marriage, clarity early can prevent significant delay and expense.
If you would like to learn more, give us a call for a consultation.
