Monday, December 2, 2013

What do you do if you have a covenant marriage and you want a divorce but you do not meet the requirements?

By Jessica M. Cotter, Esq.

If you no longer want to be married to a person and you have a covenant marriage and you do not meet the requirements to get a divorce you can at least protect yourself and get a legal separation.  In order to obtain a legal separation the court has to find that one of the following is true:

1. The person being served with the petition for dissolution (the Respondent) has committed adultery;
2. The Respondent has committed a felony and sentenced to death or imprisonment in any jail;
3. The Respondent has not lived in the marital home for over a year before the filing for legal separation;
4. The Respondent has physically, sexually or emotionally abused you, a child or relative of yours as defined in A.R.S. 13-3601; 
5. You have lived apart for two years before you filed the petition for  dissolution;
6. The Respondents’ constant bad behavior or bad treatment of the person filing the petition for legal separation is so bad that you cannot live together anymore because it is not tolerable; or
7. The Respondent is abusing drugs or alcohol.  

It is not a simple process to get a Legal Separation 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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