While Alabama does not recognize “legal separation,” there are legal ways to do so effectively. A “legal separation agreement” may be negotiated to protect the respective interests of the parties who would otherwise be dealt with by the divorce decree. The parties may enter into the contract providing for the division of property, custody and visitation of children, food and other matters. But even if the parties sign such an agreement, they remain legally married. Married couples feel that divorce is only necessary if they are unable to resolve their differences. Most people prefer separation for these reasons; In Alabama, a couple who wants to separate but don`t want to end their marriage immediately can apply for a breakup. A couple may choose this option for a number of reasons, including religion, insurance or the complications of the wealth division, to expedite future divorce proceedings, or if they do not know if they want to divide permanently. The separation is similar to that of divorce, as you must file an application for separation in court and a judge shares the marital property, decides custody issues and decides whether financial assistance (for example. B alimony) is required.
Relationship issues are a very personal matter, and some people prefer separation from separation over divorce for several reasons. Sometimes one or both parties are of the opinion that one or both parties may have religious objections to divorce, and sometimes the parties may opt for a separation to remain in the spouse`s health insurance. That`s why it`s important to talk to a local Alabama divorce lawyer before deciding whether to apply for a separation or divorce. According to section 30-2-40 (a) of Alabama, in order to grant a separation to a married couple, the court must: Often, the best choice you can make if you are considering a legal separation is to recruit an experienced separation lawyer. At New Beginnings Family Law, we can help you design an acceptable agreement, prepare you for court if you need to participate, and generally ensure that your separation is proceeding as smoothly as possible. A separation agreement is a legal document that binds you together for many years and determines your rights, obligations and responsibilities from your marriage. You and your spouse can amend the agreement if you agree to both changes; it may be amended by a court order, unless the agreement explicitly states that the agreement is not subject to judicial amendment. Nevertheless, the court can still amend the provisions of an agreement on custody and custody of minor children. Back to the top Q. What is a marriage separation and real estate counting contract? A marriage separation contract, also known as a real estate transaction contract, is a written contract that separates your property, shares your rights and solves problems such as support and custody. A separation agreement can be reached before or after the divorce, even if you and your spouse are still in a relationship. (f) After written agreement of both parties, after the adoption of a separation decree, all the following provisions apply: 1.
Income or accumulations, including pensions, parties received after the registration of the separation decree are the separate property of the party who acquires income or accumulations and is not taken into account by the court in a subsequent divorce action.