Separation in Montgomery & Auburn
The Montgomery and Auburn law firm of Singleton & Associates, LLC Attorneys at Law provides assistance with filing a legal separation agreement in Alabama for permanent or temporary separations.
Alabama recognizes legal separation on either a temporary or permanent basis, and has specific rules that govern how spousal and child support, child custody and visitation, and property division are handled. We can assist clients who choose to file for legal separation either before, or instead of, divorce with any and all of these issues.
Why choose legal separation?
There are three conditions which may prompt couples to choose a legal separation over divorce. They are:
- Religious beliefs of one or both partners that forbid a full divorce
- Dependency of one spouse on the other for medical insurance or other benefit
- One or both partners are uncertain they want to end their marriage permanently and just need some time apart to consider their options
How does legal separation work in Alabama?
The courts in Montgomery and Auburn will enter a decree of legal separation if all of the following requirements are met:
- Jurisdictional requirements for dissolving the marriage
- The marriage is “irretrievably broken,” the spouses have become completely incompatible, or one or both spouses wants to live separate lives
- The court has considered, Submitted, or provided for child custody and support
Unlike a divorce, a legal separation may be ended simply by filing a joint motion to the court to dismiss, on the grounds that the couple has reconciled.
Monetary Support and Property Division
Couples who legally separate can work out alimony payments, child support payments and a division of marital property in such a way that these agreements will remain in effect should they proceed to a full divorce, thus avoiding often lengthy and acrimonious courtroom battles. Both parties must agree that any arrangement regarding monetary support, visitation or property settlement will be incorporated into the final divorce decree. If not, the court that eventually hears the divorce petition may consider the arrangements made under the terms of the legal separation, but will not be bound to uphold them. Singleton & Associates can assist couples in putting together mutually-satisfactory arrangements with regards to these often volatile issues.
Legal Separation and Marital Status
It should be noted that a legal separation does not actually terminate a marriage. Separated spouses are still considered to be married until an actual divorce decree is entered. However, the earnings and benefits that each spouse receives after the legal separation goes into effect will be considered separate property and therefore will not be considered for division by the court during any later divorce proceeding. Property can be sold by one spouse without the consent of the other and each spouse has the option of waiving all rights to inheritance by the other in the event he/she passes away during the legal separation.
For assistance with either a temporary or permanent legal separation in Montgomery and Auburn, AL, please call Singleton & Associates at 866.604.9720, or submit our quick contact web form. Also, our Auburn divorce attorneys are more than happy to speak with you about your case.
