Question of the Month
March
2005
How
many states have passed covenant-marriage laws?
Three states currently have
covenant-marriage laws. Louisiana was the first to pass such a
measure, in 1997, and was followed by Arkansas, in 1998, and Arizona,
in 2001. Over the past several years, at least 20 states have
considered covenant marriage or other proposals that aim to strengthen
marriage.
State laws and/or proposals on covenant
marriage (a voluntary option for couples) have several provisions in
common. First, couples must undergo premarital counseling and also
agree to seek counseling if their marriage becomes troubled. Second,
the waiting period for divorce is much longer than it is for a
traditional divorce. Third, very specific criteria — such as cruel
treatment, abuse or abandonment — must be met in order for a divorce
to be granted. As a result, couples must go to court and prove that
someone was at fault.
Along with various cultural factors,
covenant-marriage proponents say, divorce rates rose in the latter
part of the 20th century in part because of states’ no-fault divorce
laws, which made it easier for couples to get divorces. They also say
a five-year study done by Steven Nock, a professor at the University
of Virginia, shows that covenant marriages work. He found that the
divorce rate of couples in these marriages was less than half that of
couples in a standard marriage (7 percent compared to 15 percent).
Opponents of covenant-marriage laws say
people interested in this option can pursuit it through their
churches, without the government getting involved. They also note
there is little demand for the option. In Louisiana, 2 percent of
couples choose covenant marriage, while in Arizona and Arkansas, the
number is less than 1 percent. Opponents also worry that the stringent
rules governing divorces in covenant marriages might cause particular
hardship for women who are abused by their spouses or for those who
can’t afford to hire an attorney.
Federal statistics indicate that
divorce rates tripled between 1960 and 1980 before leveling off and
even declining somewhat in ensuing years. In 1996, the rate was 19.5
divorces per 1,000 women.
For
more information on this or any other public policy issue, please call
630-925-1922 or complete the online
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