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In the state of AL can two parties have a legal separation

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drawn up themselves and witnessed...
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: 1 year ago.Category: Family Law
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9/6/2016
Family Lawyer: FamilyAnswer, Lawyer replied 1 year ago
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Family Lawyer: FamilyAnswer, Lawyer replied 1 year 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.

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Family Lawyer: FamilyAnswer, Lawyer replied 1 year ago

Has this been filed with the court?

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Family Lawyer: FamilyAnswer, Lawyer replied 1 year 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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