Phoenix, AZ asked in Divorce and Family Law for Arizona

Q: In Arizona, can a respondent spouse withdraw consent to dissolve a covenant marriage after filing pleadings

Related Topics:
1 Lawyer Answer

A: We would need to know more. But I will say the covenant marriage laws do not address this situation, and there is only one published case involving a covenant marriage, and it did not involve this situation, so, in other words, this is a situation the law has neither dealt with nor anticipated.

I will say this: If the two of you agreed in writing to dissolve the marriage and signed that agreement, it is most likely enforceable as a Rule 69 Agreement. My hesitancies are two-fold: (1) I don't know what you filed. If you filed a summary consent decree, your spouse is allowed to withdraw from that agreement, and (2) there may be questions about whether to get dissolve a covenant marriage would remain enforceable if one of the parties withdraws from the agreement both under the statutory grounds for dissolving a covenant marriage and for public policy reasons.

I wish I could give you a clearer answer; unfortunately, I don't know much about your situation, and I am not sure the law has a clear answer on this.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.