Russell W. Crumbley
Attorney at Law
521 Madison St., Suite 201
Huntsville, AL 35801
Phone: (256) 539-4464
Fax: (256) 539-4462
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Married couples in Alabama have two divorce related remedies that fall short of an absolute divorce:
1. Legal separation may be appropriate where one party wishes to live apart from his or her mate but does not desire to obtain an absolute divorce. Neither party can remarry while the decree is in effect. A court approving a petition for a legal separation may award temporary support, alimony, child support, custody of children, and make all other orders like those made when a final divorce is entered.
2. Separate maintenance differs from the concept of a legal separation in several respects. A party requesting separate maintenance need not prove that he or she has the grounds to obtain a final divorce and is purely within the discretion of the court. A petition for separate maintenance may be sought by the wife when a husband and wife are living apart and, through no fault of the wife, the husband refuses to support either the wife or his dependents. The amount of the award is based on the husband's income and the wife's needs for herself and her minor children. The fact that a wife earns a separate living will not bar her from asking a court to enter an order of separate maintenance.
Are you facing divorce or do you need legal advice on a domestic law matter? Please contact Russell W. Crumbley at 256-539-4464 to schedule a consultation or click here to complete a short form and a member of our firm will contact you shortly. Thank you.
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