A covenant marriage is a legally distinct form of marriage in Louisiana in which the couple agrees to limited grounds for divorce or legal separation, and commits to seeking counseling if problems arise. Couples entering a standard Louisiana marriage may also later designate it as a covenant marriage.
Forms
Declaration of Intent & Affidavit (Already Married)
Declaration of Intent & Affidavit (Not Yet Married)
Covenant Marriage Brochure (Louisiana Attorney General)
Declaration of Intent
To enter into a covenant marriage, both parties must sign a Declaration of Intent stating:
- An agreement to live together as spouses for life.
- That each party carefully chose the other and disclosed relevant information affecting the decision to marry.
- That premarital counseling was received.
- A commitment to preserve the marriage, including seeking counseling if difficulties arise.
- That counseling was provided by clergy or a licensed professional counselor.
The completed Declaration of Intent must be submitted with the marriage license application.
Affidavit & Attestation
After discussing the meaning of covenant marriage with a counselor, the couple must sign an Affidavit and Attestation. The counselor must provide a notarized affidavit confirming discussion of:
- The serious and lifelong nature of covenant marriage.
- The obligation to seek counseling if problems arise.
- The limited grounds for divorce or separation.
- Receipt of the Attorney General’s pamphlet titled “Covenant Marriage Act.”
Legal Separation
A legal separation does not end the marriage. Before filing, the couple must receive counseling. Grounds for legal separation in a covenant marriage include:
- Adultery.
- Felony conviction with imprisonment at hard labor or death sentence.
- Physical or sexual abuse of a spouse or child.
- Living separate and apart for two years.
- Habitual intemperance, cruel treatment, or severe ill treatment.
Divorce in a Covenant Marriage
Divorce in a covenant marriage is more restrictive than in a standard marriage. After required counseling, divorce may be granted only for:
- Adultery.
- Felony conviction with imprisonment at hard labor or death sentence.
- Abandonment for one year.
- Physical or sexual abuse of a spouse or child.
- Living separate and apart for two years; or after a legal separation decree: 1 year and 6 months (if minor children are involved), 1 year (if separation was granted for abuse of a child), or 1 year in all other cases.
Currently Married Couples
Couples already married may designate their marriage as a covenant marriage by completing a Declaration of Intent after counseling. The Declaration must be filed with the official who issued the original marriage license. If the couple was married outside Louisiana, a copy of the marriage certificate and Declaration of Intent must be filed in the parish of domicile.