Covenant marriage divorce Arizona rules surprise almost everyone who runs into them, including some of the spouses involved. Arizona is one of only three states that offer covenant marriage, alongside Louisiana and Arkansas. Couples who chose that option at the wedding, or converted to it later, gave up the ordinary no-fault divorce process. A standard Arizona divorce requires only a finding that the marriage is irretrievably broken. A covenant marriage requires proof of specific statutory grounds before a court can end it.
How covenant marriage divorce Arizona cases begin: the declaration
Under A.R.S. § 25-901, a covenant marriage starts with a signed declaration of intent, filed with the marriage license application. The declaration includes a commitment to seek marital counseling before pursuing a divorce. Couples must also complete premarital counseling and receive a state information pamphlet described in § 25-906. An already-married couple can convert an ordinary marriage into a covenant marriage. In Maricopa County, the clerk currently charges a $35 conversion fee, and a covenant marriage license costs $98. Nothing requires anyone to choose this form. Most Arizona couples never do.
Covenant marriage divorce Arizona grounds: what a court must find
Here is the core difference. Under A.R.S. § 25-903, a court cannot dissolve a covenant marriage unless it finds at least one listed ground. The grounds include adultery by the other spouse, a felony conviction with a sentence of death or imprisonment, and abandonment of the home for at least a year. They also include physical or sexual abuse, domestic violence as defined in § 13-3601, emotional abuse, and habitual drug or alcohol abuse. Two separation-based grounds exist as well. Spouses who have lived apart continuously for at least two years qualify. So do spouses who have lived apart for at least one year after a decree of legal separation. Finally, the statute allows dissolution when both spouses simply agree to it. That last ground matters more than people expect. A covenant marriage where both parties want out can still end, without anyone proving fault.
When one spouse refuses to agree
The grounds requirement has real teeth only in one situation: one spouse wants the divorce and the other will not consent. In that case, the filing spouse must prove a fault ground or wait out a separation period. Practically, that often means pursuing a decree of legal separation first, under the covenant-marriage grounds in A.R.S. § 25-904, and then converting to dissolution after a year apart. However, the two-year separation ground can also be pleaded before the full period has run. The statute stays the action until the time is met rather than dismissing it, and temporary orders remain available in the meantime.
What does not change in a covenant divorce
The grounds requirement changes how the marriage ends. It does not change what the decree decides. Community property still gets divided under the same rules as any Arizona divorce. Legal decision-making and parenting time still follow the best-interests factors. Child support still follows the state guidelines, and spousal maintenance still runs through A.R.S. § 25-319. Additionally, the 60-day waiting period after service applies the same way. A covenant marriage is harder to end. It is not divided differently once it ends.
The bottom line
A covenant marriage replaces Arizona’s no-fault standard with a closed list of statutory grounds under A.R.S. § 25-903. Mutual agreement is one of those grounds, so a covenant divorce both spouses want proceeds much like any other. A contested one is a different matter. It requires proof of fault or a substantial period of separation, and couples in that position should understand which ground actually fits before filing anything.
Frequently asked questions
Yes, but the court must find one of the grounds in A.R.S. § 25-903, such as adultery, abuse, felony imprisonment, two years of living apart, or the agreement of both spouses.
Yes. The agreement of both spouses to a dissolution is itself one of the statutory grounds, so a covenant divorce both spouses want proceeds much like an ordinary one.
A covenant marriage requires premarital counseling and a signed declaration of intent, and it replaces no-fault divorce with a list of required grounds. Property division, support, and parenting rules stay the same.
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This guide is general legal information about Arizona family law, not legal advice about your situation. Statutes, court fees, and procedures change, and every family’s circumstances differ. Consult a licensed Arizona family law attorney before making decisions about your case.