Texas to Consider Allowing Covenant Marriages

 Posted on November 26, 2024 in Divorce

If it passes, a bill introduced in the Texas House—House Bill 931—would make Texas one of four states that allow "covenant marriage." House Republicans are pushing the bill, although it is uncertain whether or not it will pass. Political figures who have entered covenant marriages include former Arkansas Governor Mike Huckabee and Republican U.S. House Speaker Mike Johnson.

Covenant marriages are tied to conservative Christianity and emphasize that marriage is for life – although divorce remains legally available. The other three states that have made covenant marriage legal are Arizona, Arkansas, and Louisiana. If you have questions regarding covenant marriage or need assistance with a traditional Texas divorce or other family law matter, speaking to a McKinney, TX family law attorney from The Ramage Law Groupcan be beneficial.

What is Covenant Marriage?

A bill was introduced in Texas in 2007 to create covenant marriage in the state, but it failed to pass. Biblical teachings are the backbone of covenant marriage, with the belief that marriage is a lifelong promise between both parties to the marriage and God.  Very few couples have taken advantage of covenant marriage in the three states that allow it. For example, in Louisiana, only about 1 percent of all marriages are covenant marriages.

Engaging in a covenant marriage requires that both parties go through couples counseling. They must also sign a document that states their marriage is for life, although the fact that divorce is allowed in a covenant marriage makes that statement less than compelling. Divorce is legally available in a covenant marriage, although when compared to no-fault divorce, a couple would be looking at very limited reasons to divorce.

A spouse must show proof of adultery, proof of physical or sexual abuse, or proof of the other spouse’s significant substance abuse to divorce. Under covenant marriage rules, a felony conviction for a serious criminal offense also qualifies as a reason for divorce. If the couple chooses to divorce, they are required to complete at least five hours of couples counseling.

If all rules for a covenant divorce are properly met, there is usually a mandatory waiting period to commence the divorce, which can range from six months to two years. Proponents of covenant marriage believe it promotes lifelong commitment and reduces the rate of divorce.  

What is the Process for a Covenant Marriage?

The components involved in a covenant marriage include:

• At least five hours of premarital counseling, obtained from a qualified religious authority or counselor, to ensure both parties understand the commitment and how to manage conflict.
• Both parties must sign a Declaration of Intent. This declaration reiterates that each party understands that marriage is to be lifelong. The couple also states that they will seek counseling should any issue arise in their marriage.   
• Application for a covenant marriage license, including a signed affidavit proving that the couple engaged in the required amount of pre-marital counseling.  
• The actual ceremony is similar to any marriage ceremony, although the couple must declare their desire for a covenant marriage.

Under the proposed bill, a covenant marriage license would be free, although a traditional marriage license would still require a fee unless the couple completes a state-approved premarital education course.  

Contact a Collin County, TX Divorce Lawyer

If you are considering divorce, have child custody issues, want a prenuptial or postnuptial agreement, or have questions regarding covenant marriage, you need an experienced McKinney, TX divorce lawyer from The Ramage Law Group. We are an all-woman firm that focuses on our client relationships.

We can help you with a collaborative divorce and will be the attorneys who truly care about your child’s welfare and best interests. Contact The Ramage Law Group to schedule a consultation with one of our highly skilled family law attorneys.