Covenant Marriages vs. Contract Marriage in Baton Rouge: What Is the Difference When It Comes to Divorce?
When couples get married in Louisiana, many assume there is only one type of marriage. However, the truth is that Louisiana is one of the few states that recognizes two distinct forms of marriage: covenant marriage and contract (standard) marriage. Understanding the difference between these two marriage types is especially important if you are considering divorce in Baton Rouge. To help individuals in Baton Rouge better understand their rights, here we discuss the differences between covenant marriage and contract marriage and where to get legal help if you are divorcing in Baton Rouge.
What Is a Contract (Standard) Marriage in Louisiana?
Simply put, a contract marriage (often called a standard marriage) is the default form of marriage in Louisiana. Most couples enter into this type of marriage automatically unless they specifically choose a covenant marriage. In a contract marriage, spouses may seek a divorce based on traditional fault grounds, such as adultery or felony conviction, or through no-fault divorce. Under Louisiana law, no-fault divorce is typically available after a period of separation, which may range from 180 days to one year, depending on whether minor children are involved. Because contract marriages allow more flexibility, they are generally faster and less restrictive when it comes to ending the marriage.
What Is a Covenant Marriage?
A covenant marriage is a more restrictive form of marriage that couples must knowingly choose at the time they are married. To enter into a covenant marriage, couples must complete premarital counseling and sign a declaration stating their intent to make a lifelong commitment.
Divorce in a covenant marriage is more limited. Spouses must typically prove specific fault-based grounds (such as adultery, abuse, abandonment, or a felony conviction) or live separate and apart for an extended period, often two years, before a divorce may be granted. Additionally, couples in covenant marriages are generally required to participate in counseling before filing for divorce. Because of these added requirements, covenant marriages can significantly complicate the divorce process.
How the Type of Marriage Affects Divorce in Baton Rouge
The distinction between covenant and contract marriage directly impacts how quickly and easily a divorce can proceed in Baton Rouge. A spouse in a covenant marriage may find that divorce is not immediately available, even if both parties agree the marriage is over. By contrast, a contract marriage typically allows for more straightforward divorce options.
Issues such as child custody, child support, spousal support, and division of property still apply regardless of marriage type. However, the grounds and procedures required to legally end the marriage can vary significantly.
Why It’s Important to Speak with an Experienced Baton Rouge Divorce Lawyer
There is no question that determining which type of marriage you entered into is a critical first step in any Louisiana divorce case. A Baton Rouge divorce lawyer can review your marriage documents, explain your rights, and help you understand what legal path is available to you. Whether you are in a covenant marriage or a contract marriage, divorce involves complex emotional and legal considerations. An experienced Baton Rouge divorce lawyer can guide you through the process, help you meet all legal requirements, and work to protect your interests as you move forward.
If you are in the Baton Rouge area and you need legal help with your divorce case, contact the experienced Baton Rouge divorce lawyers at Magnolia Law. Contact Magnolia Law today and speak with a lawyer now.
