What is a Covenant Marriage in Louisiana?
In Louisiana, a Covenant Marriage is a special type of marriage designed for couples who want to emphasize a lifelong commitment. It involves additional steps before marriage and sets stricter rules for divorce.
Key Points:
- Before Marriage:
- Counseling: You and your partner must attend premarital counseling to discuss the seriousness of marriage and your responsibilities to each other.
- Declaration: Both of you sign a statement expressing your intent to enter a lifelong marriage and file it with your marriage license application.
- During Marriage:
- Commitment: If problems arise, you’re expected to seek counseling and make sincere efforts to work through issues before considering separation or divorce.
- Divorce:
- Stricter Grounds: Unlike standard marriages, you can only file for divorce under specific circumstances, such as adultery, a serious crime leading to imprisonment, abandonment, abuse, or living apart for a certain period.
Choosing a covenant marriage means you’re committing to a partnership that prioritizes resolving conflicts and upholding the marriage, reflecting a deep dedication to a lifelong union.
In Louisiana, a Covenant Marriage is a legally distinct form of marriage that emphasizes the lifelong commitment between spouses. It requires couples to undergo premarital counseling and agree to more restrictive grounds for divorce compared to standard marriages. This arrangement aims to strengthen the marital bond by encouraging couples to seek counseling and make earnest efforts to preserve the marriage before considering separation or divorce.
Framework
The Covenant Marriage Act is codified in Louisiana Revised Statutes §§ 9:272–9:275. According to La. R.S. § 9:272(A):
“A covenant marriage is a marriage entered into by one male and one female who understand and agree that the marriage between them is a lifelong relationship.”
Requirements to Enter into a Covenant Marriage
- Premarital Counseling: Prospective spouses must receive counseling from a priest, minister, rabbi, clerk of the Religious Society of Friends, any clergyman of any religious sect, or a professional marriage counselor. The counseling should cover the nature, purposes, and responsibilities of marriage, emphasizing its lifelong commitment. Louisiana Department of Health
- Declaration of Intent: Couples must execute a declaration of intent, which includes:
- A recitation signed by both parties affirming their commitment to a lifelong marriage.
- An affidavit attesting that they have received the required premarital counseling.
- An attestation by the counselor confirming that counseling was provided.
Legal Separation and Divorce in a Covenant Marriage
In a covenant marriage, the grounds for legal separation and divorce are more restrictive:
- Legal Separation: Permissible grounds include adultery, conviction of a felony with a sentence of imprisonment at hard labor or death, abandonment for one year, physical or sexual abuse, habitual intemperance (e.g., alcohol or drug abuse), cruel treatment, or living separate and apart for two years. Louisiana Department of Health
- Divorce: Grounds for divorce include adultery, conviction of a felony with a sentence of imprisonment at hard labor or death, abandonment for one year, physical or sexual abuse, or living separate and apart for two years. Additionally, if the spouses are legally separated, they must live apart for a specified period before obtaining a divorce. Louisiana Department of Health
Conversion of Standard Marriage to Covenant Marriage
Couples already married can convert their union into a covenant marriage by:
- Executing a declaration of intent similar to that required for new covenant marriages.
- Filing the declaration with the official who issued their original marriage license.
This process allows existing couples to adopt the commitments and legal stipulations of a covenant marriage. Louisiana Department of Health
Note: This explanation is for informational purposes only and does not constitute legal advice. For specific legal concerns, consult with a qualified attorney.
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