Covenant Marriage in Arizona: Requirements, Conversion, and Divorce

A covenant marriage in Arizona is a stricter form of marriage that requires premarital counseling and a signed declaration of lifelong commitment before the license issues, and it limits divorce to eight specific grounds instead of allowing a simple no-fault filing. Arizona is one of only three states offering it, alongside Arkansas and Louisiana. The practical effect: a spouse who wants out but cannot prove fault typically has to live apart for one to two years before a court will dissolve the marriage.

How It Differs from a Standard Arizona Marriage

In a standard Arizona marriage, either spouse can file for divorce by stating the marriage is “irretrievably broken.” No wrongdoing, no waiting period tied to fault. A covenant marriage works differently at both ends. Entry requires counseling and a formal declaration. Exit requires proving specific grounds or waiting out a mandatory separation period.

That built-in friction is the design. Couples are meant to work harder at preserving the relationship before turning to the courts, and the divorce statute reflects that intent by narrowing the reasons a judge can grant a dissolution.

Requirements to Enter a Covenant Marriage

The rules for couples who are not yet married are set out in A.R.S. 25-901.¹

Premarital Counseling

Both partners must attend premarital counseling with either a member of the clergy or a marriage counselor before applying for the license. The counseling has to cover the seriousness of a covenant marriage, its intent as a lifelong commitment, the obligation to pursue counseling if difficulties arise later, and the limited legal grounds for ending the marriage.¹

Afterward, the counselor or clergy member signs a notarized attestation confirming those topics were discussed and that each partner received an informational pamphlet developed by the Arizona Supreme Court. That attestation is submitted with the marriage license application.¹

Declaration of Intent

The couple then signs a written Declaration of Intent, affirming they understand the marriage is for life and that they promise to make reasonable efforts to preserve it, including seeking counseling in hard times. Both signatures must be witnessed by a court clerk. The declaration goes into the marriage license application, and the license itself is recorded with a notation that it is a covenant marriage.¹

Converting an Existing Marriage

Couples already married under standard Arizona law can convert to a covenant marriage without a new ceremony. Under A.R.S. 25-902, the couple files a Declaration of Intent with signatures witnessed by a court clerk, a sworn statement listing their names and the date and place of their original marriage, and the applicable fee with the clerk of the superior court.²

Premarital counseling is not required for a conversion, and no new solemnization is needed. The clerk issues a certificate documenting the conversion once everything is filed. Converting does not validate a marriage that was invalid or prohibited under Arizona law to begin with.²

Grounds for Divorce in a Covenant Marriage

Under A.R.S. 25-903, a court cannot grant a divorce in a covenant marriage unless one of eight specific grounds exists. Missing the mark means the petition gets denied.

Fault-Based Grounds

Five grounds require proving the other spouse did something wrong:

Adultery.
Commission of a felony resulting in a sentence of death or imprisonment in a federal, state, county, or municipal facility.
Abandonment of the marital home for at least one year before the petition, with refusal to return. You can file before the year runs, but the court will pause the case until it does.
Physical or sexual abuse of you, a child, or a relative of either spouse who permanently lives in the home. Domestic violence and emotional abuse also qualify.
Habitual drug or alcohol abuse.

Separation-Based Grounds

If you cannot prove fault, the court can still grant a dissolution if the spouses have lived separately and continuously without reconciliation for at least two years before the petition is filed. Filing early is allowed if the separation is expected to continue, but the court will stay the case until the full period runs.³

The two-year clock drops to one year if the couple previously obtained a decree of legal separation. Getting a legal separation first can cut the waiting time in half.³

Mutual Consent

The eighth ground is the closest thing to a no-fault option: if both spouses agree to the divorce, the court can grant it. If one spouse contests, this ground does not apply.³

What to Know Before You Sign

A covenant marriage is easy to enter and considerably harder to leave. A few realities are worth understanding before signing the Declaration of Intent.

If you move to another state, your marriage travels with you as a valid marriage, but whether the receiving state enforces the stricter divorce rules is a separate question. Only Arizona, Arkansas, and Louisiana have covenant marriage statutes, so courts elsewhere may apply their own standard divorce laws. The outcome can depend on where you file.

Temporary orders for child custody, spousal support, and property protection remain available even while a covenant dissolution case is stayed during a required waiting period. You are not left without legal protection during the one- or two-year window.³

For anyone experiencing domestic violence or abuse, the grounds list covers both physical and emotional abuse as well as domestic violence as separately defined under Arizona criminal law. You do not have to wait out years of separation to leave a dangerous marriage.

1
Arizona Legislature. Arizona Code 25-901 – Covenant Marriage; Declaration of Intent; Filing Requirements
2
Arizona Legislature. Arizona Code 25-902 – Existing Marriages; Conversion to Covenant Marriage; Recording Requirements
3
Arizona Legislature. Arizona Revised Statutes 25-903 – Dissolution of a Covenant Marriage; Grounds