Law

Divorce vs. legal separation in Montgomery

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Despite the best efforts, marriages often fail, and if you are in such a situation in Montgomery, you must consider all legal options. In Alabama, you have two distinct ways to end a marriage – Divorce and legal separation. A divorce, as the name states, is the end of a marriage, and the separating couple goes in different directions after agreeing and resolving all primary issues, such as child custody, alimony, and distribution of assets. A legal separation, on the contrary, allows the couple to live separately and continue with their lives, although the marriage doesn’t end legally. Following a legal separation, you cannot still remarry someone else. Every person’s situation is unique, and therefore, it is best to consult a Montgomery divorce lawyer about your case. Here is a quick overview of both options.

Understanding legal separation

In simple, a legal separation allows the separating spouses to remain in the marriage and make critical decisions jointly. There are also reasons a couple may find a legal separation more viable than a divorce, such as personal equations with children or financial standing. The process also requires the couple to resolve issues related to child custody, support, and property distribution. If you decide to go for this option, you are still legally married to your spouse. You have the choice to reconcile when you want but cannot go ahead with another marriage.

A legal separation is often considered a window for the couple to decide whether to continue the marriage in the long run. There are things like insurance that may also prevent some people from getting a divorce.

Ending your marriage

If you want to end your marriage and move on with someone else, you will need a divorce. An uncontested divorce is the easiest way to wrap up things, but it requires both parties to agree on the abovementioned issues. You will have to wait for 30 days as the cooling-off period in Alabama, but courts often have a backlog of cases, which may prolong the process. When there is no room for reconciliation, a divorce is always a better option, but it also depends on the situation you have with your spouse with regard to finances.

Talk to an experienced family lawyer to know whether you would benefit from a legal separation or a divorce. The lawyer can see all relevant aspects and advise accordingly. Book an appointment today to find out more.

Avalon Aline
Avalon Aline has a passion of writing with a deep knowledge and loves to write on different topics

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