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DECATUR & HUNTSVILLE AL LEGAL SEPARATION LAWYER
The State of Alabama recognizes and allows legal separation. A legal separation is a court determination of the rights and responsibilities of a husband and wife arising out of the marital relationship. The statutory authority for the granting of a legal separation is located at § 30-2-40, Code of Alabama (1975). A Decree of Legal Separation does not terminate the marital status of the parties. This situation usually takes place where spouses do not want to divorce for religious or family reasons but want something in place to protect themselves financially or otherwise. The terms of the legal separation can be modified only if the parties agree by consent or by court order upon proof of a material change in circumstances. The parties can get back together at any time or can file for divorce at any time.
Separation agreements cover just about everything that a divorce agreement would cover, including child custody, child support, temporary control of the home, temporary obligations of bills and debts, and temporary alimony. The grounds for a Decree of Legal Separation are the same as in a divorce. The court will 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 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.
Frequently Asked Questions About Legal Separation in Alabama
What is a legal separation in Alabama?
A legal separation is a court determination of the rights and responsibilities of spouses who remain legally married but live separate and apart. Alabama recognizes legal separation under Ala. Code § 30-2-40.
Does legal separation end the marriage in Alabama?
No. A decree of legal separation does not terminate the marital status of the parties. The spouses remain legally married unless and until a divorce is later entered.
Why would someone choose legal separation instead of divorce?
Some spouses choose legal separation for religious, family, financial, insurance, or personal reasons while still wanting enforceable court orders concerning money, children, property, and living arrangements.
Can legally separated spouses get back together?
Yes. Spouses who are legally separated may reconcile and resume the marriage relationship without having first obtained a divorce.
Can legally separated spouses later file for divorce?
Yes. Either spouse may later pursue divorce if the marriage cannot be reconciled or if circumstances change.
What issues can a legal separation agreement address?
A legal separation can address many of the same issues as a divorce, including child custody, child support, possession of the marital home, responsibility for bills and debts, and temporary alimony or spousal support.
Can child custody be decided in a legal separation?
Yes. When the court has jurisdiction, it may consider and provide for child custody as part of a legal separation proceeding.
Can child support be ordered in a legal separation?
Yes. Alabama law requires the court to address child support in compliance with the applicable child support rules when it has jurisdiction over the children.
Can alimony be awarded during a legal separation?
Yes. A legal separation agreement or order may include temporary alimony or spousal support when appropriate.
Can the court decide who stays in the marital home?
Yes. A legal separation order may address temporary possession or control of the marital residence.
Can bills and debts be divided during a legal separation?
Yes. A legal separation order can assign temporary responsibility for bills, debts, and other financial obligations.
What are the grounds for legal separation in Alabama?
The grounds for legal separation generally track the grounds available for divorce. The court must find the statutory requirements satisfied, including that the marriage is irretrievably broken, there is complete incompatibility of temperament, or one or both spouses desire to live separate and apart.
Does the court need jurisdiction before granting legal separation?
Yes. The court must determine that the jurisdictional requirements for dissolution of marriage have been satisfied before entering a decree of legal separation.
What does irretrievably broken mean?
An irretrievably broken marriage is one in which the marital relationship has deteriorated to the point that reconciliation is not reasonably expected.
What is incompatibility of temperament?
Incompatibility of temperament generally refers to serious and continuing differences between spouses that make normal marital relations impractical or impossible.
Can one spouse seek legal separation even if the other does not want it?
A spouse may seek legal separation when the legal requirements are met. The court can determine contested issues if the parties do not agree.
Can a legal separation be uncontested?
Yes. If the spouses agree on all material issues, they may present an agreed legal-separation arrangement to the court for approval.
Can a legal separation be contested?
Yes. If the spouses disagree about custody, support, property, debts, or other issues, the court may need to resolve those disputes.
Can legal separation terms be modified?
Yes. Under Alabama law, legal-separation terms may be modified by agreement of the parties or by court order upon proof of a material change in circumstances.
What is a material change in circumstances?
A material change in circumstances is a significant change that may justify modifying an existing order, such as a major change in income, custody, health, employment, or living arrangements.
Can custody be modified during a legal separation?
Yes. Custody provisions may be modified if the applicable legal standard is met and the court finds that modification is appropriate.
Can child support be modified during a legal separation?
Yes. Child support may be modified when the legal requirements are satisfied and the facts support a change.
Can alimony be modified during a legal separation?
Temporary or other support provisions may be modifiable depending on the terms of the order and Alabama law.
Can mediation be used in a legal separation case?
Yes. Mediation can help spouses resolve custody, support, property, debt, and other disputes without requiring the court to decide every issue.
How is legal separation different from divorce?
A divorce terminates the marriage. A legal separation leaves the marriage legally intact while establishing enforceable rights and responsibilities between the spouses.
How is legal separation different from simply living apart?
Spouses who merely live apart may not have enforceable court orders concerning custody, support, bills, or property. A legal separation creates a formal court order addressing those rights and responsibilities.
Can property be divided during a legal separation?
A legal separation may address possession, use, and financial responsibilities involving property. Whether property is finally divided or temporarily allocated depends on the agreement and court order.
Can retirement accounts be addressed in legal separation?
Retirement and other financial assets may be addressed depending on the scope of the separation agreement and the issues before the court.
Can health insurance continue during legal separation?
Because the spouses remain legally married, legal separation may affect health-insurance options differently than divorce. Coverage depends on the terms of the insurance plan, so the policy should be reviewed carefully.
Can a legal separation protect me financially?
A court-approved legal separation can create enforceable obligations concerning support, debts, bills, property use, and other financial responsibilities.
Do I need a lawyer for legal separation in Alabama?
A lawyer is not required in every case, but legal separation can affect custody, support, property, debt, and future divorce rights. Legal advice can help ensure that the agreement or order protects your interests.
What documents should I bring to a legal-separation attorney?
Helpful documents may include tax returns, pay stubs, bank statements, debt records, mortgage statements, retirement-account records, insurance information, existing court orders, and documents relating to children and household expenses.
Can domestic violence affect a legal-separation case?
Yes. Domestic violence may affect protective orders, custody, visitation, possession of the home, and other temporary or long-term relief.
Can temporary orders be entered before the legal separation is final?
Depending on the case, a court may enter temporary orders addressing custody, support, possession of the home, bills, and other immediate issues while the case is pending.
Can legal separation help couples who are unsure about divorce?
Yes. Some spouses use legal separation when they are not ready to end the marriage but need clear, enforceable rules while living apart.
Can legal separation affect taxes?
Legal separation can have tax consequences depending on federal and state law and the specific court order. Parties should consult a qualified tax professional about their individual situation.
Where does Ferguson & Ferguson handle legal-separation cases?
Ferguson & Ferguson represents clients in legal-separation and other domestic-relations matters in Huntsville, Decatur, and surrounding North Alabama communities.
Where is Ferguson & Ferguson's Huntsville office?
The Huntsville office is located at 303 Williams Avenue SW, Suite 321, Huntsville, Alabama 35801.
Where is Ferguson & Ferguson's Decatur office?
The Decatur office is located at 211 Oak Street NE, Decatur, Alabama 35601.
How can I contact Ferguson & Ferguson about legal separation?
Call the Huntsville office at 256-534-3435 or the Decatur office at 256-350-7200 to discuss an Alabama legal-separation matter.
This information is provided for general educational purposes and is not legal advice. Legal-separation outcomes depend on the specific facts of each case and current Alabama law.
Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801
Decatur Office Location:
211 Oak Street NE
Decatur, AL 35601