Can You Still Get a Divorce in a Louisiana Covenant Marriage?
Louisiana is one of three states that recognize covenant marriages. According to most studies, only a small percentage of Louisiana couples choose covenant marriage over standard civil marriage laws. But if you are in a covenant marriage, or contemplating entering one, it is important to understand the potential legal implications if the marriage goes south and either you or your partner want to seek a divorce.
What Exactly Is a Covenant Marriage?
Louisiana law defines a covenant marriage as one entered into with the understanding that the marriage “is a lifelong relationship.” More specifically, the couple must receive premarital counseling from either a clergyman or professional marriage counselor “emphasizing the nature and purposes of marriage and the responsibilities thereto.” The couple must then declare their intent to enter into a covenant marriage when applying for their marriage license and sign a notarized affidavit stating that they understand and accept the provisions of Louisiana’s Covenant Marriage Act.
Couples who previously married under standard marriage laws may also “designate” their marriage as a covenant marriage by filing a similar declaration.
Covenant Marriages, Legal Separation, and Divorce
Although a covenant marriage is meant to create a “lifelong relationship,” that does not mean a couple in such a marriage cannot get separated or divorced. Rather, it limits the grounds for separation or divorce to certain specified conditions. While couples following standard Louisiana marriage laws can obtain a “no-fault” divorce simply by living apart for 6 months or 1 year (depending on whether or not they have minor children), the standards are more stringent in covenant marriages.
For one thing, couples in a covenant marriage must first seek additional counseling before either spouse can seek a legal separation or divorce. Even then, the spouse seeking legal separation or divorce must prove one of the following grounds:
- the other spouse committed adultery;
- the other spouse committed a felony and was sentenced to imprisonment at hard labor or death;
- the other spouse abandoned them at least one year earlier;
- the other spouse committed physical or sexual abuse, either against their spouse or a child of either spouse;
- in cases of divorce, the spouses have lived separate and apart for at least two years; or if legally separated, they have lived apart for at least 18 months if they have a minor child; or 1 year if there are no children or the parties received a legal separation due to the other spouse committing child abuse.
In terms of the actual divorce proceedings, Louisiana courts handle issues like child custody, division of property, and so forth the same as any other divorce case.
Contact a Baton Rouge Divorce Attorney Today
The decision to end any marriage is never easy. Our Baton Rouge divorce attorney can offer you skilled legal guidance and advice on navigating this difficult period in your life. Contact Magnolia Law today at 225-263-6713 to schedule an initial consultation.
