Arkansas is one of just three states (including Arizona and Louisiana) where couples can enter into a covenant marriage. Speaker of the House of Representatives Mike Johnson, who’s from Louisiana, is in a covenant marriage. Arkansas former governor Mike Huckabee and his wife renewed their vows years ago to make their marriage a covenant one.
If you and your spouse chose a covenant marriage, you intended it to last forever. Unfortunately, no one can truly predict what the future will bring. That’s why those in a covenant marriage may eventually need to get divorced. It’s not easy, however, and it can take a considerable amount of time. That’s why it’s important to understand what divorce entails if you or your spouse seeks to end your covenant marriage.
Qualifying for a judicial separation
The first step in dissolving a covenant marriage under Arkansas law is to qualify for a judicial separation. To do this, you need to show that your spouse did one or more of the following:
- Committed adultery
- Committed a felony for which they were sentenced to prison
- Engaged in “such cruel and barbarous treatment as to endanger the life of the other”
- Engaged in “such indignities to the person of the other as shall render his or her condition intolerable”
- Has been physically or sexually abusive to you or your child
- Has been “addicted to habitual drunkenness” for at least a year
Before a judge will grant a judicial separation, a couple must have lived separately for a minimum of two years.
How soon can you get a divorce?
After a judicial separation is granted, a couple must wait some time before being granted a divorce. The wait is two years if there are no minor children. If a couple has children, they must wait two-and-a-half years. However, if a spouse can show evidence of child abuse, they only have to wait a year.
Protecting yourself and your family is crucial
No one must (or should) stay with an abusive spouse because they’re in a covenant marriage. If you have a spouse who is physically abusive to you and/or your child, it’s crucial to get an order of protection and take other necessary precautions to stay safe while going through the process of getting a divorce.
Since a long period of separation is required, it may be necessary to get temporary orders for spousal and/or child support. The best course of action is to get legal guidance as soon as you believe a divorce is on the horizon.