Because divorce laws differ by state, our clients voice a lot of confusion about whether they must be legally separated before pursuing a divorce in Alabama. Legal separation is an option, but it’s not a requirement. Although there is a lot of overlap between the two, you should be aware of some stark and fundamental differences. Each clarifies issues such as child custody, property division, and spousal support, but the ramifications differ.
Legal Separation Is Not Required for Divorce
In Alabama, legal separation is not a prerequisite for getting divorced. If a couple decides they no longer want to be together, they usually file for divorce without ever being legally separated. Some couples, however, still choose legal separation for various reasons. These can include religious beliefs, the desire to retain health insurance benefits, or the need to determine child custody and property division before pursuing a divorce.
When you are legally separated, you and your spouse can live apart while having a court order that outlines and identifies each of your rights and responsibilities. In this way, a legal separation looks very much like a divorce. During this time, you’ll have signed agreements that spell out child custody, how much someone is paying spousal support, and how your assets and liabilities have been divided.
The most significant thing to remember is that legally separated couples are still legally married. Although we will touch upon dating briefly, you certainly cannot remarry. The process for legal separation is similar to divorce because the court drafts and approves a legal agreement. This agreement is binding and addresses many of the same issues that would be covered in a divorce but allows the marriage to be legally intact.
Why Do People Choose To Get Legally Separated?
There are several reasons why people may still do this. One common reason is that health insurance coverage gets severed in a divorce. You or your spouse may be dealing with a medical matter that would get complicated when their health insurance ends. Another reason could be religious beliefs that discourage or prohibit divorce. In these cases, legal separation provides a way to live apart while staying married in the eyes of their faith.
Legal separation can also serve as a trial period before deciding to divorce. It allows couples to sort out the practical aspects of living apart, such as dividing their property and handling child custody. For couples unsure about ending their marriage, this can be a way to see how life apart might work without making a permanent decision. Additionally, legal separation can sometimes ease the emotional burden for couples who find the idea of divorce overwhelming or too final. Even though the marriage remains legally intact, the separation agreement can be enforced in court, providing security and predictability during a difficult time.
Can You Date While Legally Separated?
In Alabama, you are still legally married during a separation, meaning dating could have legal consequences if your case goes to court. While some courts may view dating during a legal separation with a less harsh lens than dating during a marriage, it’s generally safer to avoid dating until your divorce is finalized. Dating during separation could affect issues like alimony or child custody, depending on the circumstances.
Legal separation can be a valuable tool for couples uncertain about divorce or needing to resolve important issues before making a final decision. However, it’s not required, and the decision to separate or divorce is deeply personal. Understanding your options and considering how each choice might impact your future is essential.
Get More Information about Divorcing in AlabamaIf you’re considering legal separation or divorce in Alabama, schedule a consultation with us. We can help you understand your rights and guide you through the process.
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