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Despite Josh Duggar’s lengthy prison sentence, Anna Duggar is still married to the disgraced former reality TV star. As appeals are repeatedly struck down, Duggar family followers are growing increasingly puzzled. Why exactly is Anna Duggar staying married to Josh? Several followers have theorized that Anna is seemingly stuck in her relationship because they believe she and Josh signed up for a covenant marriage. That’s simply not true. Even if the couple had opted for a covenant marriage, Anna would still be within her rights to walk away. 

Do Josh and Anna Duggar have a covenant marriage? 

Josh and Anna Duggar married in 2008, just as the Duggar family’s fame was on the rise. They were the couple that TLC highlighted in the show’s first season. Now, more than a decade later, Josh Duggar is locked up, and Anna Duggar has sought solace away from the spotlight. Still, she hasn’t filed paperwork to divorce her troubled husband, and some fans assume she’s trapped in a covenant marriage. 

A covenant marriage is a special legal distinction on some marriage licenses, making it more difficult for couples to divorce. A covenant marriage also requires premarital counseling before the wedding. Couples can convert their license when they move to a state that recognizes them. 

While covenant marriages are recognized in three states, they are not recognized in the state where Josh and Anna’s marriage license was issued. 

Anna would be able to walk away from her marriage even if she and Josh Duggar do have a covenant marriage 

While it’s unclear if the couple converted their standard marriage license to a covenant marriage when Anna moved to Arkansas, it seems unlikely. Frankly, if the couple had decided to take that step, it likely would have been early on in their marriage. If they had done so, we think Jim Bob Duggar would have publicized that decision for ratings. 

Josh Duggar booking photo
Josh Duggar | Washington County Sheriff’s Office via Getty Images

Without a covenant marriage, Anna is free to divorce Josh for any number of reasons. A covenant marriage limits the ground for divorce, but she could still walk away easily. Three separate acceptable grounds for divorce apply in Josh and Anna’s case. 

A covenant marriage can be dissolved if you can prove adultery has occurred. Josh admitted to cheating on his wife shortly after news that he had molested his siblings broke. He was outed as a cheater during the Ashley Madison data breach. According to Arkansas Law Help, a divorce will also be granted if one spouse is convicted of a felony or if the spouses have lived separately for two years. Josh was convicted of two felonies in December 2021. He has not lived with Anna or the children they share since April 2021, meaning they’ve lived separately for more than two years. 

In short, while it is unlikely that Josh and Anna Duggar have a covenant marriage, it would hardly be an obstacle if Anna wished to divorce Josh Duggar. She wouldn’t have difficulty proving exactly why she wanted to divorce Josh. Considering everything, it seems likely that Anna is staying married to Josh Duggar because she wants to 

Which Duggar family members have a covenant marriage? 

There is only one Duggar couple who has publicly acknowledged their covenant marriage. Jill Dillard and Derick Dillard made the choice and were happy to share that decision with fans and followers. While many of her siblings also married in Arkansas, none have openly stated that they sought a covenant marriage. 

Derick and Jill Dillard look at each other lovingly during their engagement on '19 Kids and Counting' in 2014
Derick and Jill Dillard | TLC/YouTube
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While it’s hard to ascertain which Duggars have covenant marriages, we can say for certain that four couples did not have one when they wed. Because only the states of Arkansas, Arizona, and Louisiana offer covenant marriages, any Duggars who married outside of those three states were not eligible for the special marriage license. 

John David and Abbie Duggar married in Oklahoma, where covenant marriages are not recognized. Josh and Anna Duggar held their wedding ceremony in Florida, so they did not seek the special legal distinction. Justin Duggar married his bride, Claire Spivey, in Texas, while Jeremiah Duggar and Hannah Wissmann said “I Do” in Nebraska. Neither state recognizes covenant marriages.