Covenant Marriage

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  • #3899

    sjames
    Participant

    What can you do to get a divorce in a covenant marriage where you have lived apart for over a year, no children, no community property. And the wife is pregnant for someone else?
    I was told that they still have to go through marriage counseling. The soon to be ex wife hopefully has filed a 103 herself and had my son served with that. Will this hold up for a covenant marriage?
    Any help would greatly be appreciated. Thank you.

  • #3914

    Lex
    Keymaster

    LSA R.S. 9:307 provides:

    C. The counseling referenced in Subsections A and B of this Section, or other such reasonable steps taken by the spouses to preserve the marriage, as required by the Declaration of Intent signed by the spouses, shall occur once the parties experience marital difficulties. If the spouses begin living separate and apart, the counseling or other intervention should continue until the rendition of a judgment of divorce.

    D. Notwithstanding the provisions of Subsection C of this Section, the counseling referenced in Subsections A and B of this Section shall not apply when the other spouse has physically or sexually abused the spouse seeking the divorce or a child of one of the spouses.

    So, quite a bit can depend on the fact situation and the exact grounds pleaded in the divorce petition.

    You can go to https://www.legis.la.gov/legis/lawsearch.aspx and search “covenant marriage” for the full details of the statutes involved.

    Incidentally, I have always considered covenant marriages to be a terrible bit of legislation.

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