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Info needed on seperation

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AngelaDawnn

Junior Member
What is the name of your state? Alabama

I am wanting to file for seperation w/o a lawyer. What I was need to know is this: Will we have to file thru the courts or can we download legal forms and go to a notory and let them witness it? If we do that will I then have to have it filed at the courthouse? I've had advice telling me both.
Any help will be greatly welcomed.
 


LdiJ

Senior Member
AngelaDawnn said:
What is the name of your state? Alabama

I am wanting to file for seperation w/o a lawyer. What I was need to know is this: Will we have to file thru the courts or can we download legal forms and go to a notory and let them witness it? If we do that will I then have to have it filed at the courthouse? I've had advice telling me both.
Any help will be greatly welcomed.
First you have to determine if your state even has such a thing as legal separation (some don't). However, if your state does, and you want a separation rather than a divorce, then yes, in order for it to be "legal" it has to go through the courts.
 

BelizeBreeze

Senior Member
Ala. Code §30-2-40
Decree of legal separation

(a) The court shall enter a decree of legal separation if all of the following requirements are satisfied:

(1) The court determines that the jurisdictional requirements for the dissolution of a marriage have been met.

(2) The court determines the marriage is irretrievably broken or there exists a complete incompatibility of temperament or one or both of the parties desires to live separate and apart.

(3) To the extent that it has jurisdiction to do so, the court has considered, approved, or provided for child custody, and has entered an order for child support in compliance with Rule 32 of the Alabama Rules of Judicial Administration.

(b) A legal separation is a court determination of the rights and responsibilities of a husband and wife arising out of the marital relationship. A decree of legal separation does not terminate the marital status of the parties.

A legal separation is not REQUIRED in Alabama
 

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