Dissolution Of A Covenant Marriage: All Of The Drama Of California Without The Upside
Arizona is generally a no-fault state with regard to divorce. This means that, in general terms, either spouse can petition for divorce and it will be granted. In Arizona, marital misconduct has no bearing on an award of spousal maintenance or the distribution of assets.
However, Arizona has decided to protect the religious values of marriage and affords couples an opportunity to enter into what’s called a Covenant Marriage.
What Is A Covenant Marriage?
A Covenant Marriage requires that the couple sign an affidavit that they intend to enter into a Covenant Marriage, seek premarital counseling from a clergy member or a marriage counselor, and receive counseling that instructs them that, prior to any attempt at divorce, they must demonstrate that they have attempted marriage counseling.
They must also understand that their marriage can be dissolved only if a mutual agreement exists or the petitioning spouse proves certain specific grounds.
Seeking A Divorce After Entering A Covenant Marriage?
If you have entered into a Covenant Marriage and are seeking a divorce that the other spouse does not agree to, you have to prove to the court that the other spouse has committed misconduct within the marriage.
Types of misconduct can include adultery, substance abuse, prolonged abandonment, abuse or sexual misconduct, among other grounds.
This may require collecting evidence, deposing witnesses, and ultimately presenting evidence and testimony to a judge about the circumstances that have ruined your marriage. All of this can be complicated and extremely stressful.
If you need to leave a Covenant Marriage, you will need an experienced attorney to help you prove your case so that you can move on.
Experienced Representation On Your Side
At RPM Law, our attorneys have experience handling covenant divorces and many other Family Law matters. We invite you to schedule a free consultation to learn more about our team and the process involved with obtaining a covenant divorce.