ASK ANGIE^TM
By Angela Hallier, Esq.
Answers to your divorce and family law questions

Q What is a Covenant Marriage?

A In 1998, the Arizona legislature adopted covenant marriage laws. These laws, for those who choose the option of invoking them, are a return to the days when "fault" or "mutual consent" had to exist in order for a legal separation or divorce to occur. A covenant marriage can be entered into by a couple submitting a written statement about covenant marriages as specified by statute, and by confirming their attendance at premarital/covenant marriage counseling. Existing marriages may be converted to covenant marriages. Once a covenant marriage exists, a divorce decree may only be entered by a court if the non-filing spouse has committed adultery or committed a felony with a sentence of death or imprisonment; refuses to return to the marital residence after a one year absence or a two year separation without reconciliation exists; been physically, sexually or emotionally abusive or committed an act of domestic violence; habitually abuses drugs or alcohol, or both husband and wife agree to the divorce. A decree of legal separation in a covenant marriage can be obtained based on any of the above grounds, and also if the non-filing spouse's "habitual intemperance" or "ill treatment" makes living together "insupportable". A decree of legal separation in a covenant marriage can also serve as a basis for a divorce if it was entered at least a year before the divorce action is filed and there has been no reconciliation during that year. Given the divorce rate in Arizona, I suggest you twice before choosing a covenant marriage! An inadvertent clerical error occurred in last month's column. The last sentence of that column should have read: The portion of the surrogate parenting statute which provides the surrogate is the child's legal mother and her husband is presumed the legal father, subject to the biological father rebutting that presumption, has been found unconstitutional by the Arizona Court of Appeals on the basis it does not provide equal protection to the biological mother.

It is always advisable to seek the counsel of a qualified attorney who can advise you specifically about your case. The information in this column is provided for general information only in the state of Arizona, is not specific to any one case and does not create an attorney-client relationship between the author and the reader. ©2003 - 2008 Hallier Law Firm PLC

ASK ANGIE^TM is published monthly in Arizona Trends Magazine.