Marital Legal Separation and Property Settlement Agreement Adult Children Parties May have Joint Property or Debts where Divorce Action Filed - Alabama 2025

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A legal separation is when a married couple decides to live separately, but remains legally married. A divorce is the legal dissolution of marriage meaning the court terminates the marriages legal bond, determines child custody and support if needed, and divides the couples assets and liabilities.
In an Alabama divorce, a wife may keep the personal property she owned before the marriage. A wife can also seek an equitable portion of marital property shared by the couple, including physical property (such as the family home) or other assets (such as bank accounts).
Men and women may choose to separate, but not divorce, because it gives them a chance for a breather from each other and their problems - living separately - without using attorneys or getting the courts involved.
For many couples, a separation allows them to try out living apart without committing to a divorce. If you are contemplating ending your marriage but arent sure that you are ready to take that step a legal separation can be a good trial to see if you want to stay together or end the relationship.
The big difference is that at the end of the legal separation process, the couple is still legally married. Although the spouses can lead independent lives, neither of them can get married again unless they subsequently get a divorce. (Ala. Code 30-2-40 (2025).)

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AL Code 30-2-40 says that if you meet all of the following requirements, the court may enter a decree of legal separation: Both parties wish to live separately and apart. The marriage is irretrievably broken. The spouses have a complete incompatibility of temperament.
A settlement agreement differs from a separation agreement as it sets the terms for the divorce, not the separation. A settlement agreement should address all central issues of the divorce. This can include things like division of marital assets and debts, child custody, and child support, as well as spousal support.

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