How Divorce, Child Custody, and Alimony Differ in a Louisiana Covenant Marriage

Are you facing the unique challenges of ending a marriage? When that union is a covenant marriage, the legal hurdles become significantly higher. Louisiana law creates strict rules for couples who choose this specific marital contract. A Louisiana covenant marriage divorce requires deep knowledge of state statutes. When your future is on the line, your most important choice is your legal representation. A skilled Acadiana divorce lawyer from Domengeaux Wright Roy & Edwards can guide you through this complex process and fight for the outcome you deserve.

How Is Divorce Different in a Covenant Marriage?

In a standard Louisiana marriage, spouses can file for a no-fault divorce after living separate and apart for six months to a year. However, a Louisiana covenant marriage divorce eliminates this quick, no-fault option. When you enter a covenant marriage, you sign a declaration of intent promising to make all reasonable efforts to preserve the marriage.

Because of this legally binding promise, Louisiana law restricts the grounds for divorce. You must prove specific fault-based reasons or wait through a longer separation period. The limited grounds for ending a covenant marriage include:

  • Your spouse committed adultery.
  • Your spouse committed a felony and received a sentence of death or hard labor.
  • Your spouse abandoned the marital home for at least one year.
  • Your spouse physically or sexually abused you or a child.
  • You and your spouse lived separate and apart for two full years.

If you previously obtained a legal separation, you must wait an additional year (or one year and six months if you share minor children) before a judge will grant a final divorce.

How Counseling Impacts Divorce in Covenant Marriages

You cannot simply file papers to end a covenant union. Louisiana law mandates that spouses undergo marital counseling before a judge will grant a divorce or a legal separation. The law requires you to prove you made a genuine effort to fix the marital problems.

You must provide documentation showing you attended counseling with a licensed professional or a member of the clergy. This mandatory counseling phase may add a significant layer of time and effort to the process. An Acadiana divorce lawyer can help you gather the necessary affidavits and counseling statements to help the court accept your petition.

Couple sitting on sofa talking to marriage counselor

Can You Get Alimony in a Covenant Marriage Divorce?

Financial uncertainty often plagues spouses ending a long-term relationship. Many people wonder if the strict rules of a covenant marriage Louisiana divorce change their right to spousal support. The short answer is no; you can still receive spousal support.

However, Louisiana sometimes links the right to final periodic spousal support directly to fault. One defense against final permanent spousal support is that the receiving party is not free from fault in the breakup of the marriage. Because covenant divorces rely heavily on proving the other spouse committed adultery, abuse, or abandonment, these fault grounds may influence the spousal support decision. If you prove your spouse ruined the marriage through these actions, and the other elements of support are met, your path to securing support becomes clearer. You need a dedicated support attorney to present strong evidence regarding financial need, ability to pay, and spouseal fault.

What Happens if Only One Spouse Wants To End a Covenant Marriage?

Divorce rarely happens with perfect mutual agreement. If you want to leave the marriage but your spouse refuses, you face a steep uphill battle. A covenant marriage agreement cannot be dissolved by mutual consent alone, let alone the wishes of just one person.

If your spouse fights the divorce, you carry the heavy burden of proving one of the specific legal grounds mentioned earlier. An Acadiana family law attorney can build a strong case to prove your grounds and protect your rights if your spouse refuses to cooperate.

Does a Covenant Marriage Affect Child Custody or Support?

Couples often harbor common misunderstandings about how a covenant marriage affects their children. While the rules for legally ending the marriage are much stricter, the laws regarding your children remain the same.

A covenant marriage does not change how Louisiana courts determine child custody or child support. A judge should always prioritize the best interests of the child, regardless of the parents’ marriage status. The court will evaluate both parents’ ability to provide a stable, loving environment. Furthermore, the court calculates child support using the standard state guidelines based on both parents’ incomes. Whether you need a fierce custody lawyer to fight for your parental rights or a reliable child support attorney to secure fair financial contributions, your children receive the exact same legal protections as they would in a standard divorce.

How an Acadiana Divorce Lawyer Can Help You

If you choose to end a covenant marriage, you need a legal team with a long history of success. At Domengeaux Wright Roy & Edwards, we routinely represent victims of complex legal disputes across Louisiana and help families finalize a complex chapter in their lives.

A dedicated Acadiana divorce lawyer from our team can carefully manage your mandatory counseling documentation, help prove your legal grounds for divorce, and fight aggressively to protect your finances. We understand the emotional toll this takes on your family, and we will handle the legal burdens so you can focus on moving forward.

If you are facing a covenant marriage divorce in Louisiana, contact Domengeaux Wright Roy & Edwards to schedule a consultation (please note that family law consultations require a fee). We will fight for you. Call 337-291-4878 (HURT) or message us online today to secure your future.