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Home > Statutes > Usa Arizona

USA Statutes : arizona
Title : Marital and Domestic Relations
Chapter : 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 section 25-121 and by complying with the requirements of
this chapter. The returned marriage license shall be recorded as provided by section
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 section
25-126 or 25-127 the declaration prescribed in section 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 section 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 section 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 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 section 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 section 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
section 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 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 section 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 section 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
section 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 section 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.

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