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There is, however, a legal status of “separated.” 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.If they aren't ready to divorce or can't because of religious beliefs or other personal issues, they can file for legal separation.Those who are granted a legal separation move into a separate legal status called "legally separated." Their marriage is not dissolved, so neither can marry again unless and until they get a divorce.But they aren't really married either, in that they don't live together.You can file a complaint for legal separation in Alabama, just like a complaint for divorce.One spouse needs to meet a six-month residency requirement, and one or both spouses must want to live separately.

If an Alabama couple is married but doesn't want to continue living together, they can divorce.Some states have a waiting period before divorce, a length of time people must be separated before filing.This is different from a “legal separation.” In Alabama, there is no such “separation” waiting period.Marital misconduct can encompass a wide variety of actions, including adultery and cruelty.During the proceedings, the fact that a dating spouse is already separated will be noted, but that does not necessarily mean the circumstances of the new relationship will not be considered.

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