Arizona's Covenant Marriage

§  25-901. Covenant marriage; declaration of intent; filing requirements

A. Persons who have the legal capacity to marry pursuant to this title may enter into a covenant marriage by declaring their intent to do so on their application for a license obtained pursuant to §  25-121 and by complying with the requirements of this chapter. The returned marriage license shall be recorded as provided by § 25-123 with an indication that the marriage is a covenant marriage, and the declaration shall be filed by the clerk.

B. A declaration of intent to enter into a covenant marriage shall contain all of the following:

1. The following written statement:

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 carefully and have received premarital counseling on the nature, purposes 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. An affidavit by the parties that they have received premarital counseling from a member of the clergy or from a marriage counselor. Premarital counseling shall include a discussion of the seriousness of covenant marriage, communication of the fact that a covenant marriage is a commitment for life, a discussion of the obligation to seek marital counseling in times of marital difficulties and a discussion of the exclusive grounds for legally terminating a covenant marriage by dissolution of marriage or legal separation.

3. The signatures of both parties witnessed by a court clerk.

C. A notarized attestation that is signed by the clergy or counselor must be submitted with the application for a license and shall confirm that the parties were counseled as to the nature and purpose of the marriage and the grounds for its termination and that the counselor provided to the parties the informational pamphlet developed by the supreme court pursuant to this chapter. The clerk shall document that the attestation was submitted.

§  25-902. Existing marriages; conversion to covenant marriage; recording requirements

A husband and wife may enter into a covenant marriage by submitting to the clerk of the superior court or any other official designated by the clerk pursuant to § 25-126 or 25-127 the declaration prescribed in § 25-901, subsection B, paragraphs 1 and 3 and a sworn statement of their names and the date and place their marriage was contracted and by paying the fee prescribed in § 12-284, subsection A. The clerk shall file all documentation required by this section and shall issue to the husband and wife a certificate that documents the conversion. A husband and wife who apply for a covenant marriage conversion under this section are not required to receive premarital counseling required by §  25-901 and are not required to have the converted covenant marriage separately solemnized. Conversion to a covenant marriage does not make valid a marriage that is prohibited pursuant to this title or that is not validly contracted in this state.

§  25-903. Dissolution of a covenant marriage; grounds

Notwithstanding any law to the contrary, if a husband and wife have entered into a covenant marriage pursuant to this chapter the court shall not enter a decree of dissolution of marriage pursuant to chapter 3, article 2 of this title [FN1] unless it finds any of the following:

1. The respondent spouse has committed adultery.

2. The respondent spouse has committed a felony and has been sentenced to death or imprisonment in any federal, state, county, or municipal correctional facility.

3. The respondent spouse has abandoned the matrimonial domicile for at least one year before the petitioner filed for dissolution of marriage and refuses to return. A party may file a petition based on this ground by alleging that the respondent spouse has left the matrimonial domicile and is expected to remain absent for the required period. If the respondent spouse has not abandoned the matrimonial domicile for the required period at the time of the filing of the petition, the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on abandonment, except that the court may enter and enforce temporary orders pursuant to § 25-315 during the time that the action is pending.

4. The respondent spouse has physically or sexually abused the spouse seeking the dissolution of marriage, a child, a relative of either spouse permanently living in the matrimonial domicile, or has committed domestic violence as defined in § 13-3601 or emotional abuse.

5. The spouses have been living separate and apart continuously without reconciliation for at least two years before the petitioner filed for dissolution of marriage. A party may file a petition based on this ground by alleging that it is expected that the parties will be living separate and apart for the required period. If the parties have not been separated for the required period at the time of the filing of the petition, the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on separation, except that the court may enter and enforce temporary orders pursuant to §  25-315 during the time that the action is pending.

6. The spouses have been living separate and apart continuously without reconciliation for at least one year from the date the decree of legal separation was entered.

7. The respondent spouse has habitually abused drugs or alcohol.

8. The husband and wife both agree to a dissolution of marriage.

§  25-904. Decree of legal separation; grounds

Notwithstanding any law to the contrary, if a husband and wife have entered into a covenant marriage pursuant to this chapter the court shall not enter a decree of legal separation pursuant to chapter 3, article 2 of this title [FN1] unless it finds any of the following:

1. The respondent spouse has committed adultery.

2. The respondent spouse has committed a felony and has been sentenced to death or imprisonment in any federal, state, county, or municipal correctional facility.

3. The respondent spouse has abandoned the matrimonial domicile for at least one year before the petitioner filed for legal separation and refuses to return. A party may file a petition based on this ground by alleging that the respondent spouse has left the matrimonial domicile and is expected to remain absent for the required period. If the respondent spouse has not abandoned the matrimonial domicile for the required period at the time of the filing of petition, the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on abandonment, except that the court may enter and enforce temporary orders pursuant to § 25-315 during the time that the action is pending.

4. The respondent spouse has physically or sexually abused the petitioner, a child, a relative of either spouse permanently living in the matrimonial domicile, or has committed domestic violence as defined in § 13-3601 or emotional abuse.

5. The spouses have been living separate and apart continuously without reconciliation for at least two years before the petitioner filed for legal separation. A party may file a petition based on this ground by alleging that it is expected that the parties will be living separate and apart for the required period. If the parties have not been separated for the required period at the time of the filing of the petition, the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on separation, except that the court may enter and enforce temporary orders pursuant to § 25-315 during the time that the action is pending.

6. The respondent spouse's habitual intemperance or ill treatment of the other spouse is of such a nature as to render their living together insupportable.

7. The respondent spouse has habitually abused drugs or alcohol.

§  25-905. Temporary orders for support and spousal maintenance

A husband or wife may file a petition for legal separation or a petition for dissolution of covenant marriage at any time. The court may enter temporary orders pursuant to § 25-315 at any time after a petition for legal separation or a petition for dissolution has been filed pursuant to this chapter.

§  25-906. Information pamphlet; requirements; distribution

A. The supreme court shall publish a pamphlet entitled "Covenant Marriage in Arizona." The pamphlet shall describe the requirements for entering into a covenant marriage pursuant to this chapter and the grounds necessary to obtain a decree of dissolution of marriage or a legal separation.

B. The supreme court shall provide the pamphlet on request to any person who provides counseling pursuant to this chapter.

§  25-111. Requirement of license and solemnization; covenant marriages

A. A marriage shall not be contracted by agreement without a marriage ceremony.

B. A marriage contracted within this state is not valid unless all of the following occur:

1. A license is issued as provided in this title.

2. The marriage is solemnized by a person authorized by law to solemnize marriages or by a person purporting to act in such capacity and believed in good faith by at least one of the parties to be so authorized.

3. The marriage is solemnized before the expiration of the marriage license.

C. The requirements of this section do not apply to the conversion of an existing marriage that is valid in this state to a covenant marriage that complies with the requirements of § 25-902.

§  25-312. Dissolution of marriage; findings necessary

The court shall enter a decree of dissolution of marriage if it finds each of the following:

1. That one of the parties, at the time the action was commenced, was domiciled in this state, or was stationed in this state while a member of the armed services, and that in either case the domicile or military presence has been maintained for ninety days prior to filing the petition for dissolution of marriage.

2. The conciliation provisions of §  25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met.

3. The marriage is irretrievably broken or, if the marriage is a covenant marriage, any of the grounds prescribed in § 25-903.

4. To the extent it has jurisdiction to do so, the court has considered, approved and made provision for child custody, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse, and the disposition of property.

§  25-313. Decree of legal separation; findings necessary

The court shall enter a decree of legal separation if it finds each of the following:

1. That one of the parties at the time the action was commenced was domiciled in this state or was stationed in this state while a member of the armed services.

2. The conciliation provisions of §  25-381.09 and the provisions of article 5 of this chapter [FN1] either do not apply or have been met.

3. The marriage is irretrievably broken or one or both of the parties desire to live separate and apart or, if the marriage is a covenant marriage, any of the grounds prescribed in §  25-904.

4. The other party does not object to a decree of legal separation. If the other party objects to a decree of legal separation, on one of the parties meeting the required domicile for dissolution of marriage, the court shall direct that the pleadings be amended to seek a dissolution of the marriage.

5. To the extent it has jurisdiction to do so, the court has considered, approved, or made provisions for child custody, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse, and the disposition of the property.

§  25-314. Pleadings; contents; defense; joinder of parties; confidentiality

A. The verified petition in a proceeding for dissolution of marriage or legal separation shall allege that the marriage is irretrievably broken or that one or both of the parties desire to live separate and apart, or, if the marriage is a covenant marriage, any of the grounds prescribed in §  25-903 or 25- 904, whichever is appropriate, and shall set forth:

1. The birth date, occupation, social security number if a duty of support exists or may exist pursuant to § 25-501, and address of each party and the length of domicile in this state.

2. The date of the marriage, the place at which it was performed, and whether the marriage is a covenant marriage.

3. The names, birth dates, social security numbers, and addresses of all living children, natural or adopted, common to the parties and whether the wife is pregnant.

4. The details of any agreements between the parties as to support, custody, and parenting time of the children and maintenance of a spouse.

5. The relief sought.

B. Either party to the marriage may initiate the proceeding.

C. The only defense to a petition for the dissolution of a marriage or legal separation is that the marriage is not irretrievably broken. If the marriage is a covenant marriage, it is a defense that none of the grounds alleged for a dissolution of marriage or legal separation prescribed in §  25-903 or 25- 904 are met.

D. The court may join additional parties necessary for the exercise of its authority.

E. This section does not require a victim of domestic violence or a resident of a domestic violence shelter as defined in § 36-3001 to divulge the person's address, except that a means of communicating with the resident, such as a post office box or address of the person's attorney, must be disclosed.