Change a Marriage to a Covenant Marriage

In Arizona, married couples can change (or convert) their regular marriage into a covenant marriage.

A covenant marriage is a type of marriage with stricter rules. You and your spouse must agree to the covenant marriage requirements, including limits on when you can get a divorce.

A request to convert a regular marriage to a covenant marriage is filed with the Superior Court in the county where you live.

Steps to Convert a Marriage

Step 1: Prepare a written declaration of intent.

You and your spouse must sign one written statement called a declaration of intent. Some courts offer forms you can use. Forms and filing steps may be different in each county. Call the court or check its website before you go.

Arizona law requires this document to include all of the following:

A statement that you both agree to enter a covenant marriage
Your full names
Information about your original marriage including the:

Date and location of your marriage
name of the person who performed your ceremony
names of the witnesses who signed your marriage license)

A statement that you received premarital counseling or its equivalent information, and you agree to seek counseling if you have serious problems in your marriage

A.R.S. § 23-901(B)

Step 2: File your document with the court.

Take your signed declaration or completed form to the Clerk of the Superior Court in your county. The clerk will file your paperwork and process your request.

Step 3: Pay the filing fee.

You must pay a filing fee when you file your documents. If you cannot afford the fee, you can ask for a fee waiver or deferral. This allows you to delay or avoid payment.

Important reminder: You do not need to complete new premarital counseling to convert your marriage. However, you must sign a statement that shows you understand the counseling rules and agree to seek counseling if needed. This is part of your declaration.

Divorce in a Covenant Marriage

A covenant marriage limits when you can ask the court for a divorce. Arizona law says you can only file for divorce if one of these applies:

Your spouse committed adultery
Your spouse committed a serious crime and was sentenced to death or prison
Your spouse left you (abandonment) for at least 1 year
Your spouse abused you, your child, or a family member in your home
Your spouse committed domestic violence or emotional abuse
You and your spouse have lived separate and apart for at least 2 years
The court granted a legal separation, and you have not reconciled within 1 year
Your spouse regularly abuses drugs or alcohol
You and your spouse both agree to the divorce

A.R.S. § 25-903

Arizona law requires a waiting period before a divorce can become final. You must wait at least 60 calendar days after the other spouse is served (formally given the court papers). The court counts calendar days, not business days. Weekends and holidays are included. If the last day falls on a day the court is closed, the deadline moves to the next business day. A.R.S. § 25-329

More information about ending a covenant marriage can be located on Arizona’s judicial branch website.