Overview

A couple who chooses to enter into a covenant marriage agrees to two significant
provisions regarding divorce or legal separation. These provisions do not apply
to other marriages in Louisiana.

1. The couple agrees to seek marital counseling if problems develop.
2. Divorce or legal separation is allowed only for limited statutory reasons.

Declaration of Intent

To enter into a covenant marriage, the couple must sign a
Declaration of Intent stating:

1. An agreement to live together as husband and wife for life.
2. That each party carefully chose the other and disclosed relevant information affecting the decision to marry.
3. That premarital counseling was received.
4. A commitment to preserve the marriage, including counseling if difficulties arise.
5. That counseling was provided by clergy or a licensed professional counselor.

Affidavit and 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:

1. The serious and lifelong nature of covenant marriage.
2. The obligation to seek counseling if problems arise.
3. The limited grounds for divorce or separation.
4. Receipt of the Attorney General’s pamphlet titled “Covenant Marriage Act.”

The completed Declaration of Intent must be submitted with the marriage license application.

Legal Separation

A legal separation does not end the marriage. Before filing,
the couple must receive counseling. Grounds include:

1. Adultery.
2. Felony conviction with imprisonment at hard labor or death.
3. Physical or sexual abuse of a spouse or child.
4. Living separate and apart for two years.
5. 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:

1. Adultery.
2. Felony conviction with imprisonment at hard labor or death.
3. Abandonment for one year.
4. Physical or sexual abuse of a spouse or child.
5. Living separate and apart:
   • Two years; OR
   • After legal separation:
     • 1 year and 6 months (if minor children are involved)
     • 1 year (if separation was granted for abuse of a child)
     • 1 year in all other cases

Presently 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 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.