Covenant marriage in Arizona

              Covenant
Marriage In
Arizona
Covenant Marriage in Arizona ............................................1
What is a Covenant Marriage? ............................................1
Entering into a Covenant Marriage ..................................2
Covenant Marriage for Already Married Persons ..4
Limited Legal Reasons to Get a Divorce
or Legal Separation ......................................................................5
Table of Contents
1
Covenant Marriage in Arizona
As of August 21, 1998, Arizona incorporated into statute a
new type of marriage called “covenant marriage." (The law
can be found in Sections 25-901 through 25-906 of the
Arizona Revised Statutes.) This pamphlet describes what
steps must be taken to enter into a covenant marriage. It also
lists the limited reasons available for a legal separation or
divorce for those in a covenant marriage. The pamphlet con-tains
only general information. If you have questions about
covenant marriage, please ask a member of the clergy, a mar-riage
counselor or an attorney of your choice.
What is a Covenant Marriage?
The State Legislature has created a type of marriage in
Arizona called "covenant marriage." It does not replace the
kind of marriage already available. Instead it offers an addi-tional
option to couples who wish to marry. The covenant
marriage differs both in the steps necessary to get married
and the reasons why a legal separation or divorce may be
granted by the court.
To enter into a covenant marriage, the couple first must
have counseling (called "premarital counseling") from a
member of the clergy or a marriage counselor. Then, when
applying for a license to be married, both persons must show
their intention to enter into a covenant marriage by signing a
special statement (or "declaration") on the application form.
In a covenant marriage, legal separation or divorce (in
Arizona, a "dissolution of marriage") may be granted by the
court only for specific reasons listed in state law. These are
explained in the following pages.
2
Entering into a Covenant Marriage
To be married in Arizona, a woman and man legally qual-ified
to marry must first get a marriage license. (Sections 25-
101 and 25-102 of the Arizona Revised Statutes indicate who
may legally marry.) To get a license, a written application
must be filed with the Clerk of the Superior Court in any
county of the state or with some justices of the peace, city
clerks or town clerks. Call the Clerk of the Superior Court in
your county for information on where to apply for a mar-riage
license.
For a covenant marriage, certain information must be
included in the marriage license application. By law (Section
25-901 of the Arizona Revised Statutes) a person must state
their intention to enter into a covenant marriage. This state-ment
(or “declaration”) must contain three things:
1. A written statement, printed exactly as follows:
A Covenant Marriage
We solemnly declare that marriage is a covenant between a
man and a woman who agree to live together as husband and wife
for as long as they both live. We have chosen each other careful-ly
and have received premarital counseling on the nature, pur-poses
and responsibilities of marriage. We understand that a
covenant marriage is for life. If we experience marital difficulties,
we commit ourselves to take all reasonable efforts to preserve our
marriage, including marital counseling.
With full knowledge of what this commitment means, we do
declare that our marriage will be bound by Arizona law on
covenant marriages and we promise to love, honor and care for
one another as husband and wife for the rest of our lives.
2. The signed and sworn statement of both people that
they have received premarital counseling from a member of
the clergy or from a marriage counselor.
In premarital counseling, both people must be advised
that a covenant marriage is a commitment for life. Premarital
counseling also must include a discussion of the seriousness
of covenant marriage, the requirement to seek marriage
counseling if marital difficulties develop and the limited
legal reasons available for ending the marriage by legal sep-aration
or divorce. The couple also must receive a copy of
this pamphlet.
3. The signatures of both parties witnessed by a court
clerk.
The parties must submit with the license application a
sworn, notarized statement from the member of the clergy or
marriage counselor who provided the premarital counseling.
This statement must confirm that the parties were advised
about the nature and purpose of a covenant marriage and the
limited reasons for ending the marriage by legal separation
or divorce. The counselor’s statement also must show that a
copy of this informational pamphlet was given to each per-son.
A sample affidavit is available at:
http://www.supreme.state.az.us/dr/booklets
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4
Covenant Marriage for
Already Married Persons
People who are already married in this or any state may
change (or "convert") their marriage to a covenant marriage.
In this situation, it is not necessary to have premarital coun-seling
or to apply for a marriage license and go through a
marriage ceremony. To convert a marriage, the married cou-ple
must pay a fee (prescribed in Section 12-284(A) of the
Arizona Revised statutes) to the Clerk of the Superior Court
and present two things:
1. A written statement ("declaration") like the one
printed for unmarried persons seeking a covenant marriage
(see Page 2).
2. A sworn statement listing the names and the date and
place their marriage ceremony was performed.
Some courts have preprinted forms for married couples to
complete. The Clerk of the Superior Court will file the docu-ments
and issue a certificate stating that the earlier marriage
is converted to a covenant marriage. However, the process
of converting a marriage will not legalize a marriage that was
not properly entered into or that is prohibited by Arizona
law.
The statements for conversion to a covenant marriage
may be submitted to the Clerk of the Superior Court in any
county of the state and to some justices of the peace, city
clerks or town clerks. Call the Clerk of the Superior Court in
your county for more information.
5
Limited Legal Reasons to Get a
Divorce or Legal Separation
For a covenant marriage, the court can only grant a
divorce (“dissolution of marriage” in Arizona) or a legal sep-aration
for certain, limited reasons.
To get a divorce, any one of the following eight reasons
must be proved to the court (these are listed in Section 25-903
of the Arizona Revised Statutes):
1. The spouse against whom the divorce case is filed (the
“Respondent”) has committed adultery.
2. The spouse against whom the divorce case is filed (the
“Respondent”) has committed a serious crime ("felony") and
has been sentenced to death or imprisonment.
3. For at least one year before the divorce case is filed, the
spouse against whom the divorce case is filed (the
“Respondent”) has been absent from ("abandoned") the
home where the married couple resided and refuses to
return. The law allows an exception. A person may file for
divorce by claiming that the other spouse has left the home
and is expected to stay away for the one-year period. If the
spouse has not been away for one year when the court
papers are filed, the divorce case will not be dismissed
by the court. Instead the case will be put on hold until the
one-year requirement is met. During this time, the court still
may grant and enforce temporary orders for things like child
support, parenting time (formerly known as “visitation”)
and spousal support (sometimes called "alimony" or
“spousal maintenance”).
4. The spouse against whom the divorce case is filed (the
“Respondent”) either has (1) physically or sexually abused
the other spouse, a child or a relative of either spouse who
lives permanently in the married couple’s home, or (2) com-mitted
domestic violence (defined in Section 13-3601 of the
Arizona Revised Statutes) or emotional abuse.
5. The spouses have been living separate and apart with-out
getting back together for at least two straight years before
the divorce case is filed. The law allows an exception. A per-son
may file for divorce by claiming it is expected the spous-es
will be separated for the two-year period. If the spouses
have not been separated for two years when the court papers
are filed, the divorce case will not be dismissed. Instead the
case will be put on hold until the two-year requirement is
met. During the two-year period, the court may still grant
and enforce temporary orders for things like child support,
parenting time (formerly known as “visitation”) and spousal
support (sometimes called "alimony" or “spousal mainte-nance”).
6. The spouses already have been granted a legal
separation by the court, and they have been living separate
and apart without getting back together for at least one year
from the date of the legal separation.
7. The spouse against whom the divorce case is filed (the
“Respondent”) has regularly abused drugs or alcohol.
8. The spouses both agree to a divorce.
6
The reasons for obtaining a legal separation differ
somewhat, but also are limited. The court must have proof
that any one of the following are true (these are listed in
Section 25-904 of the Arizona Revised Statutes):
1. The spouse against whom the legal separation case is
filed (the “Respondent”) has committed adultery.
2. The spouse against whom the legal separation case is
filed (the “Respondent”) has committed a serious crime
(“felony”) and has been sentenced to death or imprisonment.
3. For at least one year before the separation case is filed,
the spouse against whom the legal separation case is filed
(the “Respondent”) has been absent from ("abandoned") the
home where the married couple resided and refuses to
return. The law allows an exception. A person may file for
a legal separation by claiming that the other spouse has left
the home and is expected to stay away for the one-year peri-od.
If the spouse has not been away for one year when the
court papers are filed, the legal separation case will not be
dismissed by the court. Instead the case will be put on hold
until the one-year requirement is met. During the one-year
period, the court still may grant and enforce temporary
orders for things like child support, parenting time (former-ly
known as “visitation”) and spousal support (sometimes
called "alimony" or “spousal maintenance”).
4. The spouse against whom the legal separation case is
filed (the “Respondent”) either has (1) physically or sexually
abused the other spouse, a child or a relative of either spouse
who lives permanently in the married couple’s home, or (2)
committed domestic violence (defined in Section 13-3601 of
the Arizona Revised Statutes) or emotional abuse.
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8
5. The spouses have been living separate and apart with-out
getting back together for at least two straight years before
the request for a legal separation is made to the court. The
law allows an exception. A person may file for a legal sepa-ration
by claiming it is expected the spouses will be separat-ed
for the two-year period. If the spouses have not been sep-arated
for two years when the court papers are filed, the legal
separation case will not be dismissed by the court. Instead
the case will be put on hold until the two-year requirement is
met. During the two-year period, the court still may grant
and enforce temporary orders for things like child support,
parenting time (formerly known as “visitation”) and spousal
support (sometimes called "alimony" or “spousal mainte-nance”).
6. Regular abuse of alcohol or ill treatment of a spouse by
the spouse against whom the legal separation case is filed
(the “Respondent”) makes living together intolerable.
7. The spouse against whom the legal separation case is
filed (the “Respondent”) has regularly abused drugs or alco-hol.
Clerks of the Superior Court
Apache County
70 West 3rd South
St. Johns, AZ 85936
(928) 337-7550
http://www.co.apache.az.us/Clerk/
Cochise County
County Courthouse
Bisbee, AZ 85603
(520) 432-8570
http://www.co.cochise.az.us/Court/ClerkOfCourt/Crtcler
k.htm
Coconino County
200 N. San Francisco
Flagstaff, AZ 86001
(928) 779-6535
http://co.coconino.az.us/courts.aspx?id-295
Gila County
1400 E. Ash
Globe, AZ 85501
(928) 425-3231
http://supreme.state.az.us/gilasc/clerk/clerk.html
Graham County
800 Main St.
Safford, AZ 85546
(928) 428-3100
http://www.graham.az.gov/cournty_offices.asp?id-
1391&sub_id=1453
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Clerks of the Superior Court
Greenlee County
County Courthouse
223 Fifth Street
Clifton, AZ 85533
(928) 865-4242
http://www.co.greenlee.az.us/Courts/ClerkHomePage.as
px
La Paz County
1316 Kofa Ave., Suite 607
Parker, AZ 85344
(928) 669-6131
http://www.co.la-paz.az.us/courts.htm
Maricopa County
201 W. Jefferson
Phoenix, AZ 85003
(602) 506-3676
http://www.clerkofcourt.maricopa.gov
• Northwest Regional Court Center
14264 W. Tierra Buena Lane
Surprise, AZ 85374
(602) 506-3676
• Southeast Regional Public Service Facility
222 E. Javelina Ave.
Mesa, AZ 8520
(602) 506-3676
10
Mohave County
County Courthouse
401 E. Spring Street
Kingman, AZ 86402-7000
(928) 753-0713
http://www.mohavecourts.com/clerk/homepage.htm
Navajo County
Navajo County Government Complex
100 E. Carter Drive
South Highway 77
Holbrook, AZ 86025
(928) 524-4188
http://www.co.navajo.az.us/clerk/clerk_start_page.aspx
Pima County
110 W. Congress
Tucson, AZ 85701
(520) 740-3200
http://www.cosc.co.pima.az.us
Pinal County
County Courthouse
Florence, AZ 85232-2730
(520) 868-5300
http://co.pinal.az.us/ClerkSC/
Santa Cruz County
Santa Cruz County Complex
2150 North Congress Drive
Nogales, AZ 85621
(520) 375-7700
http://www.co.santa-cruz.az.us/clerk/index.html
Clerks of the Superior Court
11
Clerks of the Superior Court
Yavapai County
County Courthouse
120 S. Cortez
Prescott, AZ 86303
(928) 771-3312
http://www.co.yavapai.az.us/departments/Cls/ClsHome.a
sp
Yuma County
168 S. 2nd Ave.
Yuma, AZ 85364
(928) 817-4210
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Presented by the
Arizona Supreme Court
Administrative Office of the Courts
Court Services Division
Court Programs Unit
in accordance with A.R.S. § 25-906.
See http://www.supreme.state.az.us/dr
This publication can be provided in an alternative format
upon request to assist persons with disabilities.
© 2006 Arizona Supreme Court