In the landscape of modern relationships, couples are exploring various ways to solidify their commitments. One option that has gained attention in recent years is the covenant marriage. But what is a covenant marriage, and how does it differ from traditional marriage? This unique type of union is designed to create a more binding commitment and is subject to stricter regulations regarding divorce.
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The Basics: What is a Covenant Marriage?
A covenant marriage is a legally binding agreement that requires couples to commit to a higher standard of permanence and responsibility in their relationship. Unlike traditional marriages, which allow for “no-fault” divorces—where either partner can end the marriage for any reason—a covenant marriage imposes stricter guidelines for dissolving the union. Currently, only three states in the U.S. offer covenant marriages: Arizona, Arkansas, and Louisiana.
Key Features of Covenant Marriages
- Premarital Counseling: Couples must complete premarital counseling with a qualified clergyman or therapist before entering a covenant marriage. This counseling aims to prepare couples for the challenges of marriage and emphasizes the importance of long-term commitment.
- Limited Grounds for Divorce: In a covenant marriage, couples can only divorce under specific circumstances, such as adultery, abuse, abandonment for over a year, or imprisonment. This requirement encourages couples to work through difficulties rather than opt for divorce as a first solution.
- Legal Formalities: To enter into a covenant marriage, couples must fill out a specific marriage application that acknowledges the limitations and requirements associated with this type of union.
The Rationale Behind Covenant Marriages
The concept of covenant marriage is rooted in the belief that marriage is a sacred institution. As Christopher Suba, a family law attorney in Louisiana and Texas, explains, “If you are going to stand in a church full of people and vow to stay married forever, why not sign an agreement that makes it harder to exit that commitment?” It argues that marriage is more than a legal contract. It is a serious, lifelong commitment.
Statistics on Divorce Rates
Covenant marriages aim to limit the rate of divorce, which has been a growing concern in American society. According to the U.S. Census Bureau, the divorce rate in 2021 was 6.9 divorces per 1,000 women, down from 9.7 per 1,000 in 2011. While these numbers reflect a general decline in divorce rates, covenant marriages offer couples an additional layer of commitment to help further reduce these figures.
Why Are Covenant Marriages Gaining Attention?
Recent media attention surrounding individuals like Mike Johnson, the new Speaker of the House, has brought the idea of covenant marriage back into the public conversation. Johnson and his wife, Kelly, have had a covenant marriage since 1999. They spoke about their choice on “Good Morning America,” emphasizing how it provides them with peace and security in their relationship.
Kristen Pleasant, a family law attorney in Louisiana, notes the increasing buzz around covenant marriages, particularly in conservative circles. “With more public figures discussing it, we may see an uptick in couples choosing covenant marriages or converting their existing unions into this format,” she states.
The Rarity of Covenant Marriages
Despite their unique appeal, covenant marriages remain quite rare. Family lawyer Jessica Welch Williams describes them as “almost like a unicorn” in the legal landscape. For instance, in Maricopa County, Arizona, only 963 covenant marriage licenses were recorded over the past five years, compared to a total of 119,270 marriage licenses issued. Similarly, Arkansas has reported just 242 covenant marriages during the same period.
Motivations for Entering a Covenant Marriage
Most couples who opt for a covenant marriage are motivated by faith or strong personal convictions. As Suba notes, “The only people I’ve seen pursue this are often deeply connected to religious communities. They see it as a way to demonstrate their serious commitment to each other.”
Benson, another family law attorney, echoes this sentiment, adding that couples often want a marriage that signifies lasting commitment, where divorce is only considered under extreme circumstances.
Potential Challenges of Covenant Marriages
While covenant marriages are designed to strengthen commitments, they can also present unique challenges. For example, if one partner wishes to divorce for innocuous reasons, the other may resist. Welch Williams recalls a case where a man desperately wanted to save his marriage and regretted not having a covenant marriage to provide him with additional time and resources for reconciliation.
Legal Hurdles in Dissolving a Covenant Marriage
One of the significant pitfalls of covenant marriage is the difficulty in obtaining a divorce. Suba points out that “this is an enforceable contract, and you must demonstrate every effort to preserve the marriage.” If a couple cannot meet the required conditions, their divorce petition may be denied.
For instance, while adultery or abuse can provide grounds for divorce, proving such claims can be complicated. In some instances, couples must provide substantial evidence, which can include witness testimony or documentation.
In scenarios where couples cannot prove their grounds for divorce, they may need to live separately for two years while attending counseling throughout that period. During this time, property division or sale of the marital home is also prohibited, further complicating the situation.
Expert Opinions on Covenant Marriages
While some legal experts support the idea of covenant marriages, others express caution. Benson emphasizes that she would not recommend this arrangement to her clients due to the substantial burden of proof required to secure a divorce. “It makes it very difficult if you are in a situation involving adultery or domestic violence to escape,” she warns.
Pleasant adds, “Couples should know they don’t need laws to commit to each other.” If both partners are truly dedicated to making the marriage work, they can create their own framework for support without involving the state.”
The Future of Covenant Marriages
As discussions around marriage evolve, so does the perception of covenant marriages. While they may appeal to specific demographics—especially those with strong religious beliefs—their rarity suggests they may remain a niche option. However, as more public figures openly discuss their covenant marriages, it’s possible we may see a gradual increase in awareness and acceptance.
FAQs
What is the difference between a covenant marriage and a traditional marriage?
A covenant marriage has stricter legal requirements for divorce and mandates premarital counseling, whereas traditional marriages allow for no-fault divorces where either partner can end the marriage for any reason.
In which states can couples enter into a covenant marriage?
Three states recognize covenant marriages: Arizona, Arkansas, and Louisiana.
What are the grounds for divorce in a covenant marriage?
The grounds for divorce in a covenant marriage are typically limited to adultery, abuse, abandonment for over a year, or imprisonment.
Can couples convert their traditional marriage into a covenant marriage?
Yes, couples can convert their traditional marriage into a covenant marriage by meeting state-specific requirements, which may include counseling and signing an agreement.
Are covenant marriages common?
Covenant marriages are relatively rare, comprising a small percentage of total marriages in states where they are available.
Conclusion:
If you are considering marriage and are intrigued by the concept of a covenant marriage, it’s essential to evaluate your relationship dynamics and personal values. Consulting with a legal expert specializing in family law can provide you with insights tailored to your specific situation.
Understanding what is a covenant marriage will empower you to make an informed choice about your marital future. Whether you decide to pursue a traditional marriage, a covenant marriage, or simply want to enhance your commitment to each other, the key lies in clear communication and shared values.
