Separations in Alabama
Information from a Proven Birmingham Divorce Attorney
For many couples who are experiencing challenges in their marriage, legal
separation is a preferable option to the finality that comes with a
divorce. Separations allow couples to live apart, split some of their legal responsibilities,
but keep their marriage intact. Separations are not a necessary part of
divorce in Alabama, but can be petitioned for in court.
Seeking a separation can be an emotional process that can make determining
a separation agreement (or decree) difficult. That is why it is always
recommended that you consult reliable legal counsel when establishing
these agreements. At
Beckum Kittle LLP, our dedicated team of Birmingham divorce lawyers have been assisting
clients with these sensitive matters years and tirelessly endeavor to
ensure that their rights are protected and that their voices are heard.
Contact us at Beckum Kittle LLP today to retain a
Birmingham family lawyer ready to ensure your needs are met in your separation agreement.
Requirements for a Separation
Some couples believe that merely living in separate residence constitutes
a separation-- but this is not the case. Separations must be granted by
the court and certain requirements must be met.
To be eligible for a separation, you and your spouse:
- Must prove your marriage is "irretrievably broken," or
- That you and your spouse desire to live apart, or
- That you and your spouse are not suited to live together
You must also must have lived in Alabama for six months and present a separation
decree that you and your spouse have agreed upon. This agreement is similar
to a divorce decree: it must address issues such as
support payments, debt allocation, and certain asset division.
Taking Assured Steps Forward
If you and your spouse move on to a divorce, this decree may be used as
a reference when the judge is ruling on a divorce settlement, so separation
agreements must be taken extremely seriously. Conversely, to end a separation
and reconcile with your spouse, these separation agreements must be officially
dissolved or modified in court.
It is possible to petition for a separation and face this uncertain time
with confidence and understanding. Contact our Birmingham divorce attorneys
at Beckum Kittle LLP for
free case evaluation today.