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Sometimes, a married couple wants to live apart and have an enforceable court order regarding spousal support and assets, but they do not want to get a divorce. Alabama law allows such couples to seek a legal separation, which can accomplish those goals.
Alabama law requires that couples have a cooling off period, also called a waiting period, that lasts for 30 days and begins on the day you file for divorce. Under the most ideal and quickest scenario, you will never have a divorce in Alabama that is concluded in under 30 days.
To qualify for a legal separation, one of the parties will need to file a request that the court intervene. The request will need to show that at least one spouse has been a state resident for at least six months and that at least one spouse wants to live apart from the other.
In Alabama, a legal separation requires a court order. For couples to qualify for a legal separation, one spouse will need to file a request with the court asking for court intervention.
In a marriage that lasted 10 or more years, a judge may award one spouse a portion of the other spouses retirement accounts. Regardless of the length of the marriage, the court cannot include benefits a spouse earned before the marriage in the division.
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Once established, a common law marriage is just as valid and binding as a formal church wedding. It lasts until a court grants a divorce or one partner dies.
In a marriage that lasted 10 or more years, a judge may award one spouse a portion of the other spouses retirement accounts. Regardless of the length of the marriage, the court cannot include benefits a spouse earned before the marriage in the division.
Alabama is an equitable distribution state. This means that in a divorce, courts will divide property in a fair and equitable manner. But equitable does not mean a 50-50 split. Courts will use a number of factors to determine what is fair and equitable.
Like most states, Alabama follows a system of equitable distribution, which means that debts and assets are shared on a principle of equity. However, this does not mean that debts and assets are divided equally.
Alabama spouses who dont want to reside together anymore but arent necessarily rushing divorce, may consider petitioning the court for a legal separation, per Ala. Code 30-2-40. State law does not mandate couples undergo a period of separation before they get divorced.

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