Divorce & Annulment

questions & answers

Question: Can the petitioner file for covenant marriage

Answer:

Both parties must agree to a covenant marriage and jump through all of the statutory hoops to make it happen.  Because it requires more to enter into a covenant marriage, divorce also requires a bit more.  Arizona Revised Statutes, Section 25-903 sets out the requirements to dissolve a covenant marriage.  Unlike a regular divorce which is "no fault" in Arizona, the judge must find specific statutory grounds to dissolve a covenant marriage.  If you are the petitioner filing the action, you will need to include in your petition that this is a covenant marriage and that you are seeking to end it on one of the grounds allowed by the statute.
1.  Your spouse has committed adultery;
2.  Your spouse has committed a felony and sentenced to death or imprisonment;
3.  Your spouse has abandoned the marital residence for more than a year and refused to return;
4.  Your spouse has physically or sexually abused you;
5.  The two of you have been living apart, without reconciliation, for at least 2 years;
6.  You have been living apart without reconciliation for a year following the entry of a decree of legal separation;
7.  The spouse habitually abuses drugs or alcohol;
8.  You both agree that you want the marriage dissolved.

There are no online forms to help you with your petition.  You need to talk to a lawyer.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is $75 per hours.  the telephone number is (866) 637-5341.  Both Maricopa County and Pima County have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult with an experienced attorney for $40.  The telephone number is  (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.

QUESTIONS

  • Can the petitioner file for covenant marriage

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  • State Bar of Arizona
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    www.maricopabar.org
    Referral number 602-257-4434
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    Referral number 520-623-4625
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