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703 - Should We Try Legal Separation?The State of Alabama recognizes and allows legal separation. We have a statute that defines legal separation and lays out how it works, what the rules are for how support gets determined, and how property gets divided in the event of a divorce later. You can print a copy of the legal separation statute on Divorceinfo.com. There are three situations where a legal separation might make sense. The first is some religious conviction on the part of either of you that makes it untenable for you actually to get an absolute divorce. Legal Separation might be a way to get some space between you even while you stay legally married. The second reason is if one of you is dependent on the other for some financial benefit like medical insurance or a retirement benefit that you would lose if you divorced. You may need to stay legally married just so you remain eligible for that benefit. The third reason is if one of you is anxious for separation and the other just will not agree to a divorce. You might work out all the details of property division and support in the context of a legal separation and be able to keep your arrangement cooperative rather than go to court and spend money you don't have on people like me. Alabama's statute on legal separation allows the two of you to provide for a property division and to agree that it will govern in the event of a divorce later. My charge for an uncontested legal separation is 300 dollars if you do not have minor children, 350 dollars if you do. There's also a filing fee of 170 dollars, so that's a total of 470 and 520 dollars respectively. In each case, this fee assumes that it takes an hour or less of my time to get the papers signed and ready to file. If it takes more time than that, it's okay, I just ask you to pay me for the extra time. Alabama Family Law Center serves clients who need to get through divorce and who are able to be reasonably cooperative. The goal is for both spouses to survive divorce and move on with their lives with some money in their pockets and their dignity intact. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. If you'd like to make an appointment with me, call 205-979-6960. Or you can click here to return to the Divorce Line. |
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