Persons considering ending their marriage through the divorce process may also consider marriage counseling, legal separation (in states that recognize such a status), annulment (in limited circumstances), and living apart. Each of these alternatives may have financial and other consequences.
In Alabama, individuals contemplating divorce have several alternatives to consider. Marriage counseling is often a first step for couples trying to resolve their issues before deciding to end their marriage. Legal separation is another option, although Alabama does not recognize 'legal separation' in the same way some other states do. Instead, couples may enter into a 'separation agreement' that addresses issues such as property division and child custody, but they remain legally married. Annulment is available in Alabama but only under specific circumstances, such as cases of fraud, duress, underage marriage without parental consent, or if the marriage was never consummated. Annulment legally voids the marriage as if it never occurred. Lastly, living apart is an informal arrangement where a married couple may choose to live separately without pursuing legal action. Each of these alternatives can have significant financial implications, such as the division of marital assets and debts, and may affect spousal support and child custody arrangements. It is advisable to consult with an attorney to understand the legal consequences of each option.