Covenant Marriage in Arkansas

 

This guest post is from Alaina Headley, Regent Law Family Law student:

In the late 1900s and early 2000s, a movement began among states to strengthen and restore marriage in response to high no-fault divorce rates. Many states adopted some kind of law or program designed to improve marriage. One of these ways is called covenant marriage. Arkansas, the state I plan to practice in is one of only three states that have covenant marriage laws, the other two states being Arizona and Louisiana. Couples may choose to enter into a covenant marriage. Arkansas Code § 9-11-803 says that a covenant marriage is a marriage entered into by a male and female “who understand and agree that the marriage between them is a lifelong relationship.” The parties to a covenant marriage agree to receive counseling “emphasizing the nature, purposes, and responsibilities of marriage.” A covenant marriage makes it more difficult for the parties to separate: “Only when there has been a complete and total breach of the marital covenant commitment may a party seek a declaration that the marriage is no longer legally recognized.” Divorce is only granted in a covenant marriage when one spouse has committed adultery, committed a felony, physically or sexually abused the other spouse or a child of one of the spouses, or the couple has been living separate and apart without reconciliation for 2 years.

 

I like the idea of covenant marriage because it more closely relates to the biblical understanding of marriage. Marriage is an institution ordained by God and is intended to be between one man and one woman until death. Marriage is a beautiful and mysterious picture of God’s relationship with his bride, the church. Ephesians 5:31-32 says, “‘Therefore a man shall leave his father and mother and hold fast to his wife, and the two shall become one flesh.’ This mystery is profound, and I am saying that it refers to Christ and the church.” God’s relationship with his people is a covenant relationship which should be reflected in marriage. Covenant marriage causes couples to think more deeply about the marriage relationship they are entering into and the commitment they are making which will help them persevere through inevitable struggles and seek reconciliation among difficulties. Ideally, marriage should always be thought of as a covenant, but sadly this is not the case today with the prevalence of no-fault divorce. While marital breakdown and struggles are a consequence of sin, we can be certain that God will not break his covenant with his people. I think the idea of covenant marriage is a good way to emphasize the true meaning of marriage.