Virtually nobody enters marriage expecting it to fail – but those who choose a covenant marriage voluntarily agree to take an additional legal step that makes it more difficult to end their union.
Arkansas is one of the few states that recognizes covenant marriage. Although optional, choosing it can significantly impact the divorce process. So, it is important to understand the limitations a covenant marriage imposes – particularly if you now believe that your relationship may be nearing its end.
How is covenant marriage different?
You cannot enter a covenant marriage by accident or default. Before entering a covenant marriage, couples have to go through counseling together and sign a declaration stating they see marriage as a lifelong commitment. They must agree to take reasonable steps, including counseling, to preserve their marriage if difficulties arise.
This ultimately means that while someone in a regular marriage can seek divorce under the general provisions in Arkansas law, someone in a covenant marriage can only divorce for the narrower reasons established by the Covenant Marriage Act. After obtaining the counseling required by law, a spouse can only end the marriage due to:
- The other spouse’s adultery
- The other spouse is guilty of a felony or “infamous” crime
- Physical or sexual abuse of the filing spouse or their child
- Living separately, informally, for a continuous period of two years
Judicial separations generally impose a two-year waiting period for couples without minor children and two and a half years for couples with them. The advantage of seeking a Temporary Order on a pending divorce is that the court can address many of the same practical issues that would need to be addressed in a divorce, including possession of the marital home, custody of the children, parenting time and financial support.
In other words, even if both spouses agree to end their marriage, a covenant marriage cannot be ended unless one of the legally permitted grounds is established. It will likely take additional time and require more documentation than a standard divorce, as a result. Legal guidance can help you determine your options and take the necessary steps to protect your family and your future while the process is in motion.