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Covenant Marriages

Legislators in some states have adopted a concept called “covenant marriage.” As of 2005, three states have laws regarding covenant marriage—Arizona, Arkansas, and Louisiana. Louisiana adopted the first covenant marriage law in 1997.

Under covenant marriage laws, couples seeking a marriage license are given a choice of obtaining a regular marriage license or a convenant marriage license. With a covenant marriage license, a couple commits to undergoing premarital counseling and to seek counseling before seeking a divorce. In addition, the grounds for divorce are narrower with a covenant marriage than a regular marriage. Depending on the law of the state, the grounds for divorce for a covenant marriage may be restricted to the more serious fault-based grounds, such physical abuse or adultery.

Proponents of covenant marriage see it is a way to strengthen marriage and deter divorce. Critics of convent marriage are concerned that the law may keep people in conflictual, dysfunctional relationships for a longer period of time, and this can be harmful to children as well as to the husband and wife. In the three states with covenant marriage laws, only 1 to 2 percent of people marrying have opted for covenant marriages instead of regular marriages.



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The American Bar Association Guide to Marriage, Divorce & Families
Copyright © 2006 American Bar Association