Alabama recognizes legal separation, and shall enter a decree of legal separation if all of the following requirements are satisfied: (1) The court determines that the jurisdictional requirements for the dissolution of a marriage have been met. (2) The court determines the marriage is irretrievably broken or there exists a complete incompatibility of temperament or one or both of the parties desires to live separate and apart. (3) To the extent that it has jurisdiction to do so, the court has considered, approved, or provided for child custody, and has entered an order for child support in compliance with Rule 32 of the Alabama Rules of Judicial Administration. A decree of legal separation does not terminate the marital status of the parties.
Alabama Legal Separation and Property Settlement Agreement - Life Insurance, IRA, and Pension Benefits Dealt with in Part
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In Alabama, you can file for a no-fault divorce, which is based on incompatibility or irretrievable breakdown of the marriage. You can also file based on a separation of at least two years. Alternatively, you can file based on one of the following fault grounds: impotence or incapacity since the time of marriage.
People choose legal separation instead of divorce because of religious beliefs, a desire to keep the family together legally for the sake of children, the need for one spouse to keep the health insurance benefits that would be lost with a divorce, or simple aversion to divorcing despite the desire to live separate
About Alabama Divorce & Family LawWhile there is nothing illegal about dating during the divorce process, just because you can legally date during divorce proceedings does not mean you should, even if your spouse is.
In Alabama, a legal separation requires a court order. For couples to qualify for a legal separation, one spouse will need to file a request with the court asking for court intervention. The petition (application) will need to demonstrate the following: at least one spouse meets the six-month residency requirement, and.