Covenant Marriage Bill Does Not Pass, but Could Return

For approximately 50 years, Tennessee has allowed spouses to obtain a no-fault divorce. This means that a court can dissolve a marriage based on a declaration that irreconcilable differences exist between the parties. No proof of marital misconduct is required, though like many other states, Tennessee residents do have the option of pursuing a fault-based divorce on one of several grounds. 

Though no-fault divorce is now available in every state, some people have questioned whether families might benefit if traditional laws that made it more difficult to end a marriage were restored. A solution that gives couples the option to eschew no-fault divorce is known as covenant marriage. Arkansas, Louisiana and Arizona currently offer covenant marriage, though there have been attempts to establish this type of union in other jurisdictions, including Tennessee.

Here, the Tennessee Covenant Marriage Act bill was introduced early in 2025, but did not pass in either legislative house. However, given ongoing interest in the subject, it is possible that a similar bill will be created in the coming years. Under the failed proposal, couples seeking a covenant marriage would have had to receive counseling prior to being wed from a member of the clergy or a licensed counselor. From there, both prospective spouses would complete a declaration attesting to their understanding of covenant marriage and how it would limit their options should they choose to divorce. 

Parties to a covenant marriage under the bill could not terminate their union solely based on irreconcilable differences, but only if one of the following grounds were present:

• Adultery
• Felony conviction resulting in a sentence of continuous confinement or death
• Abandonment of the marital home for at least one year with a refusal to return
• Physical or sexual abuse of a spouse or the child of one or both spouses
• The spouses living separately and apart continuously for more than two years
• The parties living pursuant to a legal separation order for a specified period of time based on factors such as whether the couple shares a child and if there has been abuse in the home

Given that the bill did not pass, Tennessee’s existing framework remains in place. Today, all couples can seek a divorce on both fault and no-fault grounds. Even if a similar covenant marriage measure eventually becomes law here, it would not be mandatory and restrictions on divorce would only be applied to couples who voluntarily opted in. For spouses in a covenant marriage, legal timelines and evidentiary burdens would likely be increased in relation to a standard divorce if they decide to go their separate ways. 

The Collierville Law Firm provides advice and advocacy to West Tennessee residents on the legal divorce process and other family law matters. To set up a free initial consultation regarding your specific situation, please call 901-614-0318 or contact us online.