A covenant marriage in Arkansas is an optional, stricter form of legal marriage that requires the couple to complete pre-marital counseling, sign a formal declaration of intent, and accept a much narrower path out of the marriage than a standard Arkansas marriage allows.1Justia. Arkansas Code 9-11-801 – Title Arkansas is one of only three states, along with Louisiana and Arizona, that offer it. The trade-off is simple: extra steps to get in, and significantly fewer options to get out.
How It Differs From a Standard Arkansas Marriage
In a standard Arkansas marriage, a spouse can file for divorce after living separate and apart for 18 continuous months. That functions as a no-fault route, since neither spouse has to prove wrongdoing. Standard grounds also include adultery, felony conviction, habitual drunkenness, cruel treatment, and willful failure to provide financial support.2Justia. Arkansas Code 9-12-301 – Grounds for Divorce
A covenant marriage removes the 18-month no-fault option. The separation route stretches to two full years, and even longer once children or a prior judicial separation enter the picture.3Justia. Arkansas Code 9-11-808 – Divorce or Separation Grounds that end a standard marriage, like habitual drunkenness and cruel treatment, only qualify for judicial separation in a covenant marriage, not outright divorce. Counseling is required before any filing, even when the fault ground is clear.
Who Counts as an Authorized Counselor
Counseling shows up at almost every stage of a covenant marriage, and Arkansas law is specific about who qualifies. Authorized counselors fall into two groups: religious leaders (priests, ministers, rabbis, Quaker clerks, any other clergy, or a marriage educator approved by the officiant) and licensed mental health professionals (licensed professional counselors, licensed associate counselors, licensed marriage and family therapists, licensed clinical psychologists, and licensed associate marriage and family therapists).4Justia. Arkansas Code 9-11-802 – Definitions
Counseling from someone outside these categories can invalidate the declaration of intent, so confirm your counselor qualifies before scheduling.
Steps to Enter a Covenant Marriage
Entering a covenant marriage means doing everything required for a standard marriage license plus several extra steps. Both spouses must declare their intent on the marriage license application itself and execute a separate declaration of intent.5Justia. Arkansas Code 9-11-803 – Covenant Marriage
The declaration has two parts. The first is a signed recitation confirming that both parties understand the marriage is a lifelong commitment, that they chose each other carefully, and that they agree to seek counseling if difficulties arise. The second is a sworn affidavit confirming pre-marital counseling from an authorized counselor covering the seriousness of the covenant, the commitment to seek help during difficulties, and the limited grounds for divorce. The counselor signs an attestation confirming the counseling took place and that they provided the informational pamphlet published by the Administrative Office of the Courts.6Justia. Arkansas Code 9-11-804 – Content of Declaration of Intent
Both spouses sign the declaration in front of a notary. The full package (marriage license application, recitation, and affidavit with attestation) is filed with the county official who issues the marriage license.
Converting an Existing Marriage
Couples already married can redesignate their marriage as a covenant marriage without holding a second wedding. The process starts by submitting a copy of the existing marriage certificate, which doesn’t need to be certified, along with a declaration of intent to redesignate.7Justia. Arkansas Code 9-11-807 – Applicability to Already Married Couples
The conversion declaration mirrors the new-marriage version: a recitation of lifelong commitment, an affidavit confirming counseling with an authorized counselor, a counselor attestation confirming delivery of the official pamphlet, and both signatures witnessed by a notary. It’s filed with the marriage license officer in the county where you live. The counseling happens after marriage rather than before the wedding, but it still must cover the obligation to seek help during difficulties and the restricted grounds for ending the marriage.
Grounds for Divorce in a Covenant Marriage
Before filing for divorce, the spouse seeking it must first complete counseling with an authorized counselor, even when a clear fault ground exists.3Justia. Arkansas Code 9-11-808 – Divorce or Separation After counseling, a court can grant a covenant marriage divorce only on proof of one of the following:
- Adultery by the other spouse.
- Commission of a felony or other infamous crime by the other spouse.
- Physical or sexual abuse of you or a child of either spouse.
- Two full years of continuous separation without reconciliation.
That is the entire list. Habitual drunkenness, cruel treatment, and intolerable behavior are absent. Those grounds end a standard Arkansas marriage but only support judicial separation in a covenant marriage.
Judicial Separation as the Alternative Route
Judicial separation does not end the marriage. Spouses remain legally married and cannot remarry, but they are no longer required to live together and their shared financial obligations change. The status lasts until reconciliation or until one spouse later obtains a divorce.
The grounds for judicial separation are broader than the grounds for divorce. In addition to adultery, felony conviction with imprisonment or death, abuse, and two years of continuous separation, a court can grant judicial separation for habitual drunkenness or substance abuse for one year, cruel treatment endangering the other spouse’s life, or behavior making the other spouse’s situation intolerable.3Justia. Arkansas Code 9-11-808 – Divorce or Separation The spouse seeking judicial separation must complete authorized counseling before filing.
From Judicial Separation to Divorce
For many covenant marriage spouses, judicial separation becomes the first step toward an eventual divorce. Once a court signs the judgment, a fresh waiting period begins:3Justia. Arkansas Code 9-11-808 – Divorce or Separation
- Two years of continuous separation if there are no minor children.
- Two years and six months if there are minor children of the marriage.
- One year if child abuse was the basis for the judicial separation.
The separation must be continuous. Moving back in together, even briefly, can reset the clock. For a spouse dealing with grounds that don’t directly support divorce, like habitual drunkenness or cruel treatment, the practical timeline from first filing to final divorce runs roughly three to four years.
Tax Filing During a Long Separation
The extended separation periods raise a tax question that standard Arkansas divorces rarely produce. The IRS treats you as married for filing purposes until you receive a final divorce decree or a decree of separate maintenance.8Internal Revenue Service. Filing Taxes After Divorce or Separation A judicial separation in Arkansas generally counts as separate maintenance, so you would file as single or head of household for any year the separation was in effect at year-end.
Head of household status requires that your spouse did not live in your home for the last six months of the tax year, that you paid more than half the cost of maintaining your home, and that the home was the main residence of your dependent child for more than half the year. Because the status gives you a larger standard deduction and more favorable brackets than filing as single, it’s worth confirming eligibility with a tax professional during what can easily become a multi-year separation.