Understanding Arizona's Covenant Marriage: ARS 25-903 Explained

Feature Article: The Ins and Outs of Covenant Marriage in Arizona

A covenant marriage is a legally binding commitment between two people who wish to be married. The idea behind this type of marriage is to make the union more difficult to dissolve in an effort to strengthen the sanctity of the institution of marriage. The concept originated in the United States and has been adopted by several states, including Arizona. In this article, we'll explore the ins and outs of covenant marriage in Arizona and the pros and cons of choosing this type of marriage.

What is Covenant Marriage?

A covenant marriage is a type of marriage that requires a couple to make a more significant commitment to their relationship than a traditional marriage. In a covenant marriage, the couple agrees to seek pre-marital counseling, limit their reasons for divorce, and work on resolving conflict within their marriage before considering a divorce. This type of marriage is only recognized in three states: Arizona, Louisiana, and Arkansas. Covenant marriage is based on the belief that marriage is a lifetime commitment and should only be entered into after careful consideration and counseling.

How to Enter Covenant Marriage in Arizona?

To enter into a covenant marriage in Arizona, the couple must sign a declaration of intent to enter into a covenant marriage. The declaration must be signed by both parties and notarized. The couple must also attend premarital counseling with a licensed counselor or member of the clergy for at least four hours before the wedding. Additionally, the marriage license must state that the couple is entering into a covenant marriage.

What are the Pros of Covenant Marriage?

One of the main advantages of a covenant marriage is that it reinforces the commitment to the marriage. A couple who enters into a covenant marriage is more likely to work through marital problems and avoid divorce. Additionally, covenant marriage can provide a stronger sense of family and community. Lastly, covenant marriages may offer couples more legal protections in the event of a divorce.

What are the Cons of Covenant Marriage?

Some people argue that covenant marriages do not allow couples the freedom to make their own decisions about their relationship. Critics also argue that the focus on counseling and requiring fault-based grounds for divorce can make the divorce process more difficult. Additionally, covenant marriages may not be recognized in certain states, which can cause problems if a couple moves or travels across state lines.

Can I Convert My Current Marriage to a Covenant Marriage?

If you are currently married, you and your spouse can convert your marriage to a covenant marriage by signing a declaration of intent to convert to a covenant marriage. However, you will still be required to attend premarital counseling, and there may be additional legal fees involved.

What are the Grounds for Divorce in a Covenant Marriage?

One of the defining characteristics of a covenant marriage is that there are limited grounds for divorce. In a traditional marriage, spouses can file for a no-fault divorce, meaning they do not need to establish any wrongdoing on the part of their spouse. In a covenant marriage, spouses must establish that there has been adultery, abuse, abandonment, or a felony conviction before they can file for divorce. Additionally, if both spouses agree, they can file for divorce after two years of separation.

Should You Choose a Covenant Marriage in Arizona?

If you are considering a covenant marriage in Arizona, it is essential to weigh the pros and cons carefully. While the idea of a lifelong commitment may seem appealing, the limited grounds for divorce and counseling requirements can be challenging. It is also important to remember that a covenant marriage may not be recognized if you move to another state. Ultimately, whether you choose a covenant marriage or traditional marriage depends on your personal beliefs and values.

In conclusion, a covenant marriage is a legally binding commitment that requires spouses to work through their marital problems and limit their reasons for divorce. While it may not be the right choice for everyone, a covenant marriage can strengthen marriage and family bonds and provide additional legal protections. If you are considering a covenant marriage in Arizona, make sure to weigh the pros and cons and discuss your decision with your partner.

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