Three states recognize covenant marriages, one of which is Arkansas. A covenant marriage is the legally recognized spiritual belief of marriage between one man and one woman for a lifetime.  To enter into a covenant marriage, you must request this type of marriage when you apply for your marriage certificate. There is no legal or financial benefit to a covenant marriage.  Any benefit is derived solely from your personal, emotional, and religious values, however, the consequences are that it makes it more difficult to get a divorce in the future. 

What are the legal effects of a covenant marriage?

Arkansas continues to observe fault-based divorce laws. If you want to file a no-fault divorce in Arkansas, you must wait at least 18 months after separating from your spouse to proceed.  The challenges of getting a divorce in Arkansas become even greater if you are in a covenant marriage. Because covenant marriages are marked by a higher level of commitment, your ability to divorce your spouse may be more limited than others.

To End a Covenant Marriage (Divorce).

To end a covenant marriage, you have to meet the same requirements as a regular marriage, including residency and living separate and apart.  Your spouse cannot prevent a divorce from a covenant marriage any more than a divorce from a regular marriage; it will just take longer.  Additionally, you are required to attend marriage counseling and have grounds, which are more limited than the grounds under the regular marriage statute.

Grounds for covenant marriage divorce are: 

• Adultery 

• Felony or other infamous crime conviction

• Physical or sexual abuse of one of your children 

• Living separate and apart from your spouse for at least 2 years. 

• Living separate and apart from your spouse for at least 2 years and 6 months, if you have a child 

• Living separate and apart from your spouse for at least 1 year, if you have a child and your spouse abused you or the child 

The longer separation requirements can make child support, custody, and visitation difficult. If you have a covenant marriage and are waiting out the separation requirements, you can file for separation to obtain a court order addressing visitation, support, custody, alimony, etc.

Should You Enter Into Covenant Marriage? 

Legally speaking, if you’re thinking of marrying, we recommend that you do not marry under the covenant marriage statute. Of course, this does not mean that you cannot attend counseling or get married in your church. It just means that if you do eventually need a divorce, you won’t have to pay more money or jump through more hoops to accomplish it.

No one marries with the intention of divorcing, but no one knows what the future holds. Unexpected things can happen, like alcoholism, abuse, and other things that justify a divorce. If you are in a covenant marriage, the covenant marriage law can make a difficult situation even worse.

If you are in a divorce that has the additional Covenant Marriage requirement, contact an attorney to find out what your options are and how to best move forward legally. If you are low-income and live in Arkansas, consider calling the attorneys at the Center for Arkansas Legal Services to help you with your civil legal needs for free. You can reach our helpline at 501-376-3423, Monday-Friday, 9 am-4 pm.

AUTHOR: SANDI O’BRIEN, STAFF ATTORNEY FOR THE CENTER FOR ARKANSAS LEGAL SERVICES