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Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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In the state of AL can two parties have a legal separation

Customer Question

In the state of AL can two parties have a legal separation drawn up themselves and witnessed by two people or does it have to be notarized or probated to be legal and binding?
Submitted: 7 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 7 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  FamilyAnswer replied 7 months ago.

I certainly understand the situation and your concern. Married people can enter into legal separation agreements to protect their legal rights. The Alabama Code uses the following definition: “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.” Alabama Code Section 30-2-40. Once the agreement is signed by both parties, it is filed in Domestic Relations Court, approved by a judge, and becomes a court order. The reason for this, for example, is that your spouse can promise to pay you child support or keep paying the bills during your separation and then suddenly decide to stop. If you do not have a court order listing your rights, there is no way you can enforce them. Then, once your legal separation agreement becomes a court order, it may be enforced by a court if someone breaks their side of it.

Expert:  FamilyAnswer replied 7 months ago.

Has this been filed with the court?

Expert:  FamilyAnswer replied 7 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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