Separation
Separation attorney Big John Alley in Auburn, Alabama specializes in family law and helps his clients develop strategies for child custody, child support, visitation, and marital property division when marriages dissolve.
What exactly is separation?
In one sense, it is easy to understand. A married couple splits up, for whatever reason, and the partners establish separate households. Often, for a variety of reasons, including religious belief, an Auburn, Alabama couple will not want or be ready to divorce, but they will want to live separately. Like marriage, separation and divorce are essentially private matters, and some people find it difficult to understand why anyone else need be involved.
However, just as the state sanctions a marriage under law, a legal separation means the state of Alabama recognizes that a married couple has elected to live separately. Legal separation does not terminate a marriage. A person who is legally separated (and not divorced) cannot marry a new spouse.
Why make it legal?
Family lawyer Big John Alley explains that under Alabama law, a legal separation is a court determination of the rights and responsibilities of a husband and wife arising out of the marital relationship.
As your legal separation attorney, Big John will help you and your spouse clarify crucial family law matters as such as:
• child support,
• spousal support,
• custody and visitation,
• domestic violence restraining orders, and
• division of property.
He explains that another benefit of legal separation is that the earnings or accumulations, including the retirement benefits, of each party received after a legal separation are separate property and cannot be considered by the court in a subsequent divorce action. Alabama law states that, if a couple is legally separated, one spouse may convey his or her real estate without the signature or consent of the other spouse. Each spouse waives all rights to inheritance from the other spouse.
Are there other benefits to legal separation?
With 30 years experience in family law, often counseling divorcing clients, Big John Alley urges people to be cautious and patient as they dissolve unions that sometimes represent most of their lives and certainly involve the lives of others.
Some couples initially separate while they are waiting to meet Alabama residency requirements for divorce. Other couples will reconcile, and never divorce.
Big John knows that legal separation allows couples time apart, away from the conflict of the marriage to decide if divorce is what they truly want, without absolving them of their responsibilities. It is easier to reach a temporary agreement without the stress of contemplating the finality of divorce. At the same time, separation does not impede the process of divorce. Quite the contrary. Big John finds that the agreements reached in a legal separation lay good groundwork for a divorce settlement.
As a divorce lawyer, Big John Alley insists that the most important fact about legal separation is that it is legal. He tells his clients, “Don’t believe you can solve your marital or partnership difficulties simply by “splitting up” or deserting your partner, or allowing yourself and your children to be deserted. Seek the advice of a family law attorney. Mediate a separation agreement that is specific in assigning rights and responsibilities. Make it legal. You and your spouse will benefit, even if your separation is not permanent and you reconcile. If you do divorce, a well-crafted legal separation agreement will make the divorce process easier and less expensive.”
