Alabama Info

Alabama Divorce Start Your Divorce Find Professionals Alabama Products Alabama Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Annulments Legal Separation Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Divorce by County

Alabama Articles

Attorney Relationship Custody & Visitation Divorce/General Domestic Abuse SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Sign In

Network Sites

Alabama Divorce Support Alabama Divorce Online

Alabama Legal Separation
Legal Separation in Alabama

Alabama recognizes legal separation. A married couple may choose legal separation instead of divorce for several reasons, such as religion, medical insurance, or complications with asset and property division between the spouses. In a separation, the spouses remain married, but sever most of their other marital connections. In practice, getting a legal separation is very similar to getting a divorce in that the partners are required to account for the custody and support of their children before being granted a legal separation. A legal separation can later be converted into a divorce. It can also be terminated at any time if the couple reunites, or it can abbreviate the divorce action when the separation resolves issues between the spouses. Legal separation gives the couple time to reach an agreement with each other so that a divorce action is usually shorter and less costly.

Separation Agreement

A separation agreement is a legal binding contract signed by spouses, which is intended to resolve property, debt and child related issues. This can be a very complex and detailed document depending upon the unique situation of the marriage. Many spouses consult an attorney to provide this or they decide to prepare their own.


A legal separation in Alabama can be predicated on one of two no-fault grounds. Either spouse can assert an irretrievable breakdown of the marriage so that further attempts at reconciliation are futile and not in the best interests of the parties, or either spouse can assert an incompatibility of temperament with the desire to live separate and apart. The court normally accepts either claim with minimal or no evidence.

Decree of Legal Separation

According to Alabama's Statute Section 30-2-40(a), in order to grant legal separation to a married couple, the court must:

  • have jurisdiction to grant the separation;
  • determine whether the marriage can be saved; and
  • determine the custody and child support under Rule 32 of the Alabama Rules of Judicial Administration.


If a legally separated couple reunites, Alabama allows them to revoke the legal separation filing by filing a joint motion to dismiss. If this occurs and the couple later wants to divorce, the arrangements made during the previous legal separation are not included in the divorce and the couple must start from scratch.

Start Alabama Divorce Start Your Alabama Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Alabama Divorce Find Alabama Divorce Professionals in Your Area:
Join the Network
Alabama Divorce Products, Services and Solutions Alabama Divorce Products, Services and Solutions
Alabama Divorce Resources to Help You Through the Process.
Online Parenting Class Alabama Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Alabama Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
Divorce Lawyers & Mediators

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

Easy Alabama Divorce Online

Start Your Divorce File for an Alabama Divorce


Settle Your Divorce Negotiate Your Alabama Divorce


Support Forum Alabama Support Forum

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site