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Birmingham Divorce Lawyer > Blog > Family Law > Can I Get A Legal Separation In Alabama?

Can I Get A Legal Separation In Alabama?


Changing the structure of your marriage is a deeply personal decision. Some people are intimidated by the stigmas associated with divorce, or may be looking for an option that is less permanent, in case they are able to reconcile their differences with their spouse. In any case, if you have reached an impasse in your marriage or decided that you want to live separate and apart from your spouse, you may be interested in legal separation. Legal separation can be a good alternative to divorce in certain circumstances. Legal separation is similar to divorce in that it is a legal agreement determining how to divide debts and assets, separate financially, and lays out any child support, visitation, and alimony agreements. However, unlike a divorce, a legal separation does all of this while leaving the marriage legally intact.

Benefits of a Legal Separation

A legal separation comes with benefits for couples who want to live separate and apart without ending their marriage. This is a personal decision that can be made by each couple based on their own preference and circumstances. Some couples may wish to pursue a separation rather than a divorce for religious or social reasons. For some couples, there are significant tax benefits to remaining married, particularly if there is a chance of reconciliation or if they are still running or own a business together. For couples that want to try a separation but are open to reconciling, it can be a huge benefit to be able to live separate and apart without dissolving the marriage. The process of un-enmeshing financially and determining custody and spousal support issues allows them to live whole and independent lives, while also leaving the door open for reconciliation. If they determine through this process that they would prefer to divorce, they can simply ask the court to convert the legal separation to a divorce. This will really streamline the divorce process, as all key issues have already been determined and negotiated for the separation. Another important consideration is that some couples may want to separate as opposed to divorce because it allows the other stuff to remain covered by health insurance. Finally, some individuals may need to be legally married in order to receive an inheritance, which may also be an important personal consideration to weigh in making the decision. As you can see, the decision to legally separate as opposed to divorce, is a personal one. It’s informed entirely by your own needs, preferences, beliefs, and circumstances. Talking to a family law attorney can help you determine the best course of action and which option would be most advantageous for your family.

Talk to a Birmingham, Alabama Family Law Attorney

If you are considering divorce or legal separation, the best thing you can do is talk to an experienced Birmingham family lawyer. The attorneys at Peeples Law are ready to help you navigate this process and select the best option for you and your family. You do not have to figure this out all on your own. Call today to schedule a consultation.

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