Divorce can feel overwhelming under normal circumstances. When you have a covenant marriage in Arizona, the legal process becomes even more complex. Regular marriages in our state fall under no-fault divorce rules. A covenant marriage requires specific legal grounds before a judge can end the union. Understanding the legal requirements can help you regain control and protect your future.
Legal requirements for ending a covenant union
To end a covenant marriage in Arizona, you cannot simply state that you and your spouse have irreconcilable differences. Arizona law requires you to prove specific fault-based reasons, unless both you and your spouse agree to end the marriage.
Before filing your petition, you must meet one of the legally defined grounds for covenant divorce. These statutory reasons establish the legal foundation for court action:
- Adultery committed by your spouse
- A felony conviction where your spouse receives a prison sentence or death penalty
- Abandonment of the family home by your spouse for at least one year with a refusal to return
- Physical abuse, sexual abuse, domestic violence or emotional abuse against you, your child or a resident relative
- Living separate and apart continuously without getting back together for at least two years
- Living separate and apart for at least one year after obtaining a court decree of legal separation
- Habitual drug or alcohol abuse by your spouse
- Mutual agreement between both spouses to dissolve the marriage
Once you determine that you meet one of the legal grounds, the filing process begins in the Superior Court of your county. Residency rules apply for covenant divorces just like standard divorces. Either you or your spouse must have lived in Arizona for at least 90 days before filing.
The Mandatory Waiting Period: Arizona statute includes a statutory “cooling off” period. Your divorce cannot become final until at least 60 calendar days pass after your spouse receives formal service of the court papers. Weekends and holidays count toward these 60 days.
Property and Debt Division: Even though a covenant marriage requires specific grounds for divorce, property rules remain the same as standard cases. Arizona is a community property state. The presumption is that assets and debts acquired during your marriage are subject to equitable division by the court and that assets owned before marriage, along with inheritances or specific gifts, remain separate property. Although covenant divorce requires suggests “fault,” the division of assets and debts remains a no-fault process.
Living Together During Proceedings: Arizona law does not require you to move out before filing for covenant divorce unless you are claiming one of the “living apart” grounds. You can live in the same house while your case moves forward. However, establishing clear boundaries around finances, bill payments and parenting schedules becomes crucial during this time.
Ending a covenant marriage requires careful planning and legal proof. Fortunately, you do not have to carry this weight alone. An experienced divorce attorney can help you advance through the process.