How long can you be legally separated from your spouse?

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How long can you be legally separated from your spouse?

Can he live in the same household until the divorce?

Asked on March 4, 2012 under Family Law, Alabama

Answers:

Barton R. Resnicoff

Answered 9 years ago | Contributor

There is no time limit one way or the other; the key is what you want to do.  Do you want to stay married?  Get divorced?  What does your spouse want?  You need to determine the most realistic approach to take that is right for you and your situation, something that requires you to find out your rights and obligations so you can make an informed decision.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From my reading of the Alabama statute, there is no time limit.  You can be legally separated for an indefinate period or until one party files for dissolution of the separation or dissolution of the marriage (divorce). The second part of your question makes me think that you really just want to file for divorce rather than separation and just save money and live in the same place until the divorce is final. Some states do require that you live physically apart. It does not appear that Alabama requires that but I would double check. Good luck.


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