Alabama Divorce Laws | Legal Separation

Alabama

A legal separation may be awarded to both spouses under certain Alabama divorce laws. This is a court determination of the rights and responsibilities of a husband and wife arising out of the marital relationship. A decree of legal separation does not terminate the marital status of the parties. The court shall enter a decree of legal separation if all of the courts requirements are satisfied. The court, in accordance with Alabama divorce law, shall 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 a 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. [Based on Alabama State Divorce Code - Chapter 2, Section 30-2-40]

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