Tuesday, November 26, 2013

What do you do if you have a covenant marriage and you want a divorce?

By Jessica M. Cotter, Esq.

I have only assisted with 2 divorces that involved a Covenant marriage in my 10 plus years of practice.  Many attorneys have never come across the dissolution of a Covenant marriage.  If you want to get a divorce with this type of marriage the court has to find that one of the following is true:

1. Both parties agree to the divorce;
2. The person being served with the petition for dissolution (the respondent) has committed adultery;
3. The respondent has committed a felony and sentenced to death or imprisonment in any form of jail;
4. The respondent has not lived in the marital home for over a year before the filing for divorce;
5. The respondent has physically, sexually or emotionally abused you, a child or relative of yours as defined in A.R.S. 13-3601;
6. You have  lived apart for two years before you filed the petition for  dissolution;
7. You have lived separate and apart for a year after you were legally separated through the court; or
8. The respondent is abusing  drugs or alcohol.

It is not a simple process to get a divorce when you have a covenant marriage. I would consult an experienced family law attorney in your area to assist you with this process.

The Law Firm of Jessica M. Cotter, P.L.L.C.
18301 North 79th avenue
Suite F-186
Glendale, Arizona 85308

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