Does Alabama Require Separation Before Divorce?

Yes. Before a divorce can be finalized, there must be a marital separation. Such a separation does not necessarily mean a physical separation of the parties; rather marital separation is a ceasing of marital relations. Put simply, the separation required is that the parties change their marital status, and discontinue all services and privileges, and further, they must forego all duties as marital partners in all marital respects. One can imagine, such a determination can be an extremely difficult and fact-intensive analysis. A judge would consider the parties’ intentions along with all of the other evidence in the case and reasonable inferences from all facts presented.