Will Alabama grant a legal separation if the parties still live together?

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Will Alabama grant a legal separation if the parties still live together?

I am a stay at home mom of almost 9 years and married almost 10. My husband has decided he does not want to be married anymore. As I have a child from a previous relationship he is willing to remain married for a period of time until I can get a stable job and provide insurance for myself and oldest child.

Asked on June 20, 2019 under Family Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Some states require you to actually physically separate--that is, live apart--to get a legal separation. But not your state (Alabma): living separately is not one of the criteria or requirement for a legal separation in Alabama--or rather, a desire to live apart is one of the alternative reasons to get a seperation, but is not a requirement in all cases. Here is a linkl to your state's relevant law: https://codes.findlaw.com/al/title-30-marital-and-domestic-relations/al-code-sect-30-2-40.html


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