In Alabama, divorce is called dissolution of marriage. Legal separation is an alternative to divorce. Separation is chosen for a number of reasons. Some want to consider the emotional parameters of their marriage. Separation grants time for the consideration of emotional stresses – love, guilt and sadness – allowing for “breathing room” for considering whether the marriage can and should continue.
A legal separation allows for marriage counseling to determine if the marriage can be saved. It might also allow for a serious consideration of the most important elements of a marriage relationship. Legal separation allows for separate physical addresses, establishing a temporary change in the marital relationship, while retaining many of the same rights governing the marriage. Others choose legal separation for religious reasons or to retain certain marital benefits (medical or retirement) that would be lost during a divorce. The Decree of Legal Separation is the contract establishing marriage separation and must include the elements for validity;
- incompatibility of temperament
- irretrievable breakdown of relationship
- voluntary abandonment
- the establishment of child custody and child support guidelines.
Should a separation lead to divorce, Alabama requires residency in this state for six months and also requires a thirty day waiting period for divorce. Any terms established in a legal separation agreement (except for spousal support, child support, child custody and visitation issues) will carry forward to a later divorce decree.
