As I listened to the news yesterday, they stated that young people now were more inclined to live together before they married. Well as I listened I thought in my practice there is another trend more of my clients are choosing to get a legal separation instead of a divorce. In the past I have had couples desire a legal separation but recently I am experiencing an increase in the number of couples wanting a legal separation. It could be that there are wanting to be sure before getting the final divorce or there are those that want to remain married, but just not live together.
Alabama is a state that recognizes legal separation. People choose legal separation for a number of reasons, but it usually is done if there is still some hope of saving the marriage, or if one or both of the parties (or even their families) have a moral or religious objection to divorce.
In order to obtain a legal separation, the parties shall enter a decree of legal separation if all of the following requirements are met:
A. That the jurisdictional requirements for the dissolution of a marriage are met.
B. That 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
C. That the court has considered, approved, or provided for child custody and
support, if applicable.
A legal separation does not always end in a divorce. It does leave the door open for reconciliation, in which case the parties usually need not do anything more, as they are still legally married. If, however, the couple does not manage to find common ground, they may then wish to go through with a divorce which is a new and separate action.
If you are thinking of a legal separation I will be glad to discuss the issues with you and your spouse.