Legal Question in Family Law in Alabama

Re: Legal Separtion

Under Alabama law, a legal separation is a court determination of the rights and responsibilities of a husband and wife arising out to the marital relationship. It is usually used when there is some hope of reconciliation. The major factor to note in a legal separation is the parties have the same property rights in each others estate as if they were still married. Whereas, a divorce would end the marriage and a final determination would be made as to property division and child support.

In the legal separation, the court makes a temporary determination as to Alimony and Child Support which will last until the parties reconcile or file for divorce.

Also note, Adultery is a specific legal ground in Alabama used to prove fault of the break-up of a marriage. Seeing other people after a separation may not rise to adultery under the law. However, such evidence may be used as a contributing factor in the break-down of the marriage under other grounds.

As stated above the parties are still legally married during a legal separation. If a party is being sued for a legal separation, they may counter-claim for a divorce as an answer or may later bring an action for divorce if there has been no reconciliation between the parties.

Generally, if it is the intention of the parties to see other people, then a dissolution of the marriage may be a more appropriate remedy.You should contact an attorney in your area and seek specific legal advice.