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 child custody, 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.

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