Covenant marriage is not available in Texas. Only Louisiana, Arizona, and Arkansas have passed laws creating this type of marriage, which requires premarital counseling and limits the grounds for divorce. Texas recognizes a formal ceremonial marriage obtained through a county clerk’s license and an informal (common-law) marriage, and nothing else. A bill to add covenant marriage to the Texas Family Code is pending but has not become law, so couples who want the structure covenant marriage offers have to build it themselves through premarital education and private agreements.
What Covenant Marriage Is
A covenant marriage is a legally distinct form of marriage. Couples who choose it complete counseling before the wedding and agree in advance that they can only divorce on fault-based grounds — adultery, abuse, abandonment, a felony conviction — or after living apart for a specified period. The concept emerged in the late 1990s as a legislative response to rising divorce rates. Louisiana enacted the first covenant marriage statute in 1997, and Arizona and Arkansas followed. The idea has not spread beyond those three states.
Texas has never adopted a covenant marriage statute. The Texas Family Code contains no provision for creating, registering, or dissolving one. A private agreement between spouses that tries to replicate covenant terms — a promise to attend counseling before filing for divorce, say — would not be enforced as a different category of marriage. The couple would remain in a standard Texas marriage, subject to the same divorce rules as everyone else.
Is Texas Going to Pass a Covenant Marriage Law?
There is active interest, but nothing on the books yet. During the 89th Texas Legislative Session, Representative Cody Vasut filed House Bill 931 in November 2024 to create covenant marriage in Texas. The bill was referred to the Subcommittee on Family and Fiduciary Relationships in March 2025 and remained there as of early 2026.1LegiScan. TX HB931 2025-2026 89th Legislature
If HB 931 passed, couples could enter a covenant marriage by submitting a notarized affidavit of intent with their marriage license application. Already-married couples could convert their existing marriage by filing a similar affidavit with the county clerk. The bill would require at least five hours of premarital counseling covering conflict resolution, financial planning, and the seriousness of the commitment.2Texas Legislature Online. House Bill 931
Under the proposal, a no-fault divorce from a covenant marriage would only be available if both spouses agreed and both completed at least five hours of marriage counseling with a licensed professional or clergy member. That is a sharp departure from current Texas law, which lets either spouse file for a no-fault divorce without the other’s agreement. Similar proposals in past sessions have not reached a floor vote, and until a covenant marriage law is enacted, none of the bill’s provisions apply.
What Texas Couples Can Do Instead
If the appeal of covenant marriage is structured preparation and a stronger commitment framework, two tools exist in Texas right now.
Twogether in Texas Premarital Education
The state’s Twogether in Texas program offers much of the preparation covenant marriage emphasizes. The course runs at least eight hours and covers conflict management, communication, and the components of a strong marriage.3State of Texas. Texas Family Code 2.013 – Premarital Education Courses It is encouraged by statute but entirely optional.
Courses can be delivered by marriage educators, clergy or their designees, licensed mental health professionals, and faith-based or community organizations.3State of Texas. Texas Family Code 2.013 – Premarital Education Courses Certified providers are listed on the Twogether in Texas website. Finishing the course earns a $60 reduction on the marriage license fee and waives the standard 72-hour waiting period between license issuance and ceremony.4Twogether in Texas. Twogether in Texas Marriage Education with Benefits The completion certificate is valid for one year and must be presented to the county clerk when you apply.5Texas State Law Library. Marriage in Texas – Premarital Education
Prenuptial Agreements
Texas allows couples to sign premarital agreements that define property rights, financial obligations, and other terms of the marriage. A prenup cannot stop either spouse from filing for divorce — no private contract can override the Family Code’s divorce provisions — but it can set financial expectations and narrow the issues in dispute if the marriage ends. Some couples include a clause committing to seek counseling before filing, and while a court will not block a divorce based on such a clause, it still signals intent and can shape how the parties approach a hard moment.
How Divorce Works in a Regular Texas Marriage
Because every Texas marriage is a standard marriage, every divorce follows the same rules under Chapter 6 of the Family Code. The most common ground is insupportability, which is the Texas version of no-fault divorce. Either spouse can file by showing that the marriage has broken down because of conflict or personality differences to the point where reconciliation is not reasonably expected.6State of Texas. Texas Family Code FAM 6.001 – Insupportability The other spouse’s agreement is not required.
Texas also recognizes fault-based grounds, which can influence how the court divides property and whether spousal maintenance is awarded. The fault grounds are cruelty, adultery, a felony conviction, abandonment for at least one year, living apart for at least three years, and confinement in a mental hospital.7Texas Public Law. Texas Family Code Chapter 6 – Suit for Dissolution of Marriage
To file, at least one spouse must have lived in Texas for six months and in the filing county for 90 days.8Texas State Law Library. Filing for Divorce A court cannot grant the divorce until at least 60 days after the petition is filed.9State of Texas. Texas Family Code FAM 6.702 – Waiting Period That cooling-off period is waived if the respondent has a family violence conviction or the petitioner has an active protective order based on family violence during the marriage.
No Legal Separation Either
Texas does not recognize legal separation as a formal status. You are either married or divorced, with no court-ordered middle ground. Spouses are not required to live apart for any period before filing, and until a judge signs the final decree, they remain legally married regardless of where they sleep.
The Short Version
Covenant marriage does not exist in Texas, a bill to create it is stuck in committee, and any marriage you enter in Texas today is a standard marriage governed by the regular Family Code rules on divorce. Couples who want the preparation and intentionality covenant marriage promises can take the Twogether in Texas course, sign a prenuptial agreement, and build counseling into their own expectations. What they cannot do is contract around the state’s no-fault divorce rule.