Covenant Marriage Divorce in Arkansas: Grounds and Legal Hurdles
Divorcing from a Covenant Marriage in Arkansas is harder than a standard marriage. Under A.C.A. § 9-11-808, you must undergo mandatory counseling and prove serious fault grounds, or complete a 2-year separation (extended to 2.5 years following a formal judgment of judicial separation if minor children are involved).
Arkansas is one of only three states in the US that offers an alternative, more restrictive type of marital contract known as a Covenant Marriage. Couples who choose this option intentionally make it legally difficult to separate in the future. If you are facing a covenant marriage divorce in Arkansas, understanding the strict grounds and legal hurdles is essential. The standard rules for getting a quick, no-fault divorce do not apply to you. Residents in Pine Bluff, Rogers, and Springdale must navigate a completely different set of statutes.
Because the burden of proof to break a covenant marriage is incredibly high, you should not attempt to file this paperwork alone. We highly recommend browsing our US Lawyers Directory to find a family law attorney experienced in Arkansas covenant marriages. A skilled lawyer can help you fulfill the mandatory counseling requirements and prove the necessary fault grounds before a judge at the local Circuit Court.
Step-by-Step Process in Arkansas: Overcoming Covenant Hurdles
Covenant marriages are governed by the Covenant Marriage Act, specifically A.C.A. § 9-11-801 and the divorce grounds found in A.C.A. § 9-11-808. If you need to dissolve this binding contract at a court like the Benton County Circuit Court, Bentonville, here are the steps you must follow.
Step 1: Verifying Your Marriage Type
Before assuming you have a covenant marriage, verify your paperwork. Many couples receive standard premarital counseling and assume they entered a covenant marriage, but unless you specifically signed and filed a Declaration of Intent for Covenant Marriage with the county clerk alongside your marriage license, you likely have a standard marriage. Your attorney can pull your original marriage certificate to confirm your legal status.
Step 2: Mandatory Marital Counseling
Unlike standard divorces, a covenant marriage requires that you make reasonable efforts to save the relationship. Before the court will grant a divorce or even a legal separation, the spouses must participate in marital counseling with an authorized clergy member or a licensed marriage counselor in Arkansas. You will need to provide the court with documentation proving that counseling was attempted and failed to resolve the marital issues.
Step 3: The Extended 2-Year Separation Rule (No-Fault)
If you cannot prove that your spouse did something legally wrong, you can still get a no-fault divorce, but the waiting period is much longer. In a standard Arkansas marriage, you must live separate and apart for 18 months under A.C.A. § 9-12-301(b)(5). In a covenant marriage, you must live continuously separate and apart without reconciliation for a full 2 years under A.C.A. § 9-11-808(a)(4). The extended separation requirement of 2 years and 6 months applies only if the spouses previously obtained a judgment of judicial separation and have minor children together under A.C.A. § 9-11-808(a)(5)(B)(i); without a prior judicial separation decree, the required living-apart period is strictly 2 years regardless of whether you have children.
Step 4: Claiming Authorized Fault Grounds
To avoid the two-year separation wait, you must prove authorized fault grounds under A.C.A. § 9-11-808(a). A judge will allow a divorce to proceed immediately if you can provide solid evidence of the following:
- Adultery: Your spouse committed adultery (this must be proven with substantial evidence, not just suspicion).
- Felony Conviction: Your spouse has committed a felony or other infamous crime.
- Abuse: Your spouse physically or sexually abused you or a child of either spouse.
How Much Does it Cost in Arkansas?
Because breaking a covenant marriage often involves proving fault (like adultery) or prolonged separation, the legal fees can be higher than a standard uncontested divorce.
| Legal Expense | Estimated Cost (USD) |
|---|---|
| Circuit Court Filing Fee | $165 - $185 |
| Mandatory Pre-Divorce Counseling | $100 - $200 per session |
| Private Investigator (To prove adultery) | $1,500 - $3,500 |
| Family Law Attorney Retainer | $3,500 - $10,000+ (Highly dependent on litigation) |
How Long Does the Process Take?
If you are filing on fault grounds (like abuse or a felony conviction), the divorce can theoretically be finalized quickly, often within 3 to 6 months after filing, assuming the mandatory counseling requirement has been met or waived by the judge due to safety concerns. However, if you are relying on separation, the process requires 2 to 2.5 years of waiting before you can even file the paperwork, followed by the standard 30-day cooling-off period under A.C.A. § 9-12-310.
Frequently Asked Questions (FAQ)
Do we both have to agree to get a covenant marriage divorce?
No. Even in a covenant marriage, one spouse cannot permanently force the other to stay married. However, if your spouse contests the divorce, you will have to wait the full 2 to 2.5 years of separation, or legally prove one of the specific fault grounds in court.
Is general "incompatibility" a ground for covenant divorce?
No. "General indignities" or "incompatibility" are standard divorce grounds in Arkansas but are intentionally excluded from covenant marriages. You must prove a severe fault like adultery, abuse, or fulfill the long separation requirement.
What if my spouse abused me? Do I still need counseling?
If there is physical or sexual abuse, Arkansas courts prioritize your safety. A judge may waive the mandatory marital counseling requirement and allow you to proceed immediately with the divorce based on the fault ground of abuse.
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