Separation Instead of Divorce in Alabama
In Alabama, the primary difference between legal separation and divorce is more than just a matter of feeling or status. It is a statutory distinction that, in most cases, will govern when and if a couple can obtain a divorce. As an example, one of the no-fault grounds for divorce in Alabama is a "complete and total breakdown of the marriage relationship between [the parties], including a period of time of separation until the filing of the divorce action of one year." §30-2-1 (9), Code of Ala. 1975. A legal separation, on the other hand, is governed by §30-2-40, et seq., Code of Ala. 1975. Section Annotated 30-2-41 provides: A complaint for a decree of separate maintenance may be filed by a husband or wife, which shall contain a prayer for alimony and may contain a prayer for custody of children, division of property and injunctive relief, all of which are permissible in a divorce action, or any of them in the discretion of the court. Provided , that if a complaint for a decree of separate maintenance be filed and it appear to the court that a divorce ought to be granted, an order for a divorce may be granted. An order granting a divorce shall not have the effect of vacating, altering or modifying any provision as to alimony, division of property, custody of children, injunction, or any other matter in the decree entered for separate maintenance, but any modification or judgment in reference to divorce shall by express order vacate, alter and modify such provision. So the short and sweet of it is that although a legal separation can turn into divorce in certain circumstances, the law does not treat the two as equivalent events. In fact, the law treats legal separation as a matter separate and apart from divorce. In the family law context, they are very different beasts. Moral of the story: Do not assume that a legal separation is the old-fashioned, gentler divorce we all grew up with in our parents’ generation.
Attorney Fees for Legal Separation Agreements
In terms of lawyer fees for drafting a legal separation agreement in Alabama, the general range is from $300 to $600 for a typical legal separation agreement. A factor that can increase this cost is if there are multiple, more complex documents required such as guidelines for children, health insurance orders and other documents.
Another factor that can increase the cost of your legal separation agreement is the level of detail that you want in the filing. The more detailed the filing, the more you will pay your attorney. If you put in a provision for visitation issues, then the lawyer must research the issue in your county. In some situations, the filing may require a court appearance and the lawyer will charge extra to appear in court on your behalf.
Fees for the Court and Clerks Office
The court filing fees for the various documents necessary to obtain a legal separation in Alabama are relatively standard across the state, but they do vary a bit depending on the expected duration of the case, whether a contested hearing is required, and where the court is located.
The divorce process begins with the filing of a complaint, which contains info about the parties’ children as well as their marital property and liabilities. This is the official document that requests an affidavit of legal separation be granted under Alabama law. Filing fees for a complaint generally cost between $200-$300, but as much as $2,000 if multiple lawsuits are required. After the complaint is filed, it costs an average of $100 to serve papers on the other party. If the divorce is contested, there may be a motion hearing at this point, and other costs and fees may be necessary. At the conclusion of the legal separation, another round of paperwork must be filed with the court so the divorce decree is enacted. This may add $300-$500 in additional fees to the overall cost of divorce.
Is Cost Less with Mediation?
Most, but not all, cases will have some sort of mediation. Many courts require mediation before trial if it looks like there is any hope of settling the case. Some courts even require it likely before a divorce complaint is filed. When it comes to getting a divorce quickly and without litigation, mediation is one of the best ways to get there.
A well-placed comment at the right time can save a client thousands of dollars. For example, let’s say that you have a 75-year-old defendant with significant assets who has just been diagnosed with terminal cancer. In such a situation, the health may be worsening and he may not be able to do anything within a short period of time. A thoughtful lawyer might take a few hours to draft a particularized settlement memo explaining that, in such a fact pattern, a spouse with no children and half a million dollars would be very unlikely to get more than half the money while he is alive. The memo can also offer a very reasonable settlement arrangement that can be dismissed by a malevolent, but unfortunately common response saying that the offer is insulting. Such a response is just dumb. A wise lawyer might recognize that the goal is to spend time on the front end to ensure that a good deal is reached , so that things will proceed on an expedited basis thereafter. This diligence can save five figures at the back end, because the clock has not started running until the discovery has been done.
Also, as a matter of economy, lawyers should be selective in choosing the venues of mediators. To be sure, not all mediators are created equal. At the same time, mediators do not get rich under the Alabama model. Cost impacts can be magnified simply by location. For example, let’s say that a case is in Mobile County. If one or both sides have to travel to Montgomery to mediate with mediator Smith, consider that is an hour plus of travel each way. Bare minimum for travel and 3 hours for the actual mediation would result in five hours down the road before considering the case. A similar scenario could occur in Birmingham. A family law mediator who researches settles cases without animosity and uses some common sense might be able to settle a case in two hours at a location convenient for all parties involved for a much lower cost.
Good lawyers will review new cases and give guidance about how to minimize costs. Good clients know when to listen to such advice.
Other Costs of Legal Separation
If you are concerned about the costs of a divorce and prefer a legal separation, it is important to understand there may be additional expenses associated with the process. As with divorces, many legal separations involve the payment of alimony or child support. Legal separation agreements devote significant attention to the division of finances between spouses and cost of child rearing. Just as support payments are calculated in divorces, separated couples can have specific terms of agreement written into their legal separation concerning the amount of alimony or child support. The courts do not establish any sort of minimum or maximum amount for matters of legal separation. Whatever amount seems appropriate to both parties during negotiations can be written into the legal separation agreement. In addition to discussions of alimony and child support, you may have to draft something called a Qualified Domestic Relations Order (QDRO). This legal document essentially divides up retirement plans or pension benefits between spouses. In some cases, significant financial assets may be at stake. Even the most amicable of situations may require QDROs when seeking a legal separation. It is best to speak to your lawyer about how such an order may impact your divorce. Like the court costs associated with a divorce, there are court costs for a legal separation. You will have to appear before a judge for the legal separation to be approved, and there are filing fees. In many cases, the fees associated with a legal separation and a simple divorce are nearly the same.
How to Save on Legal Separation
While certain costs of legal separation in Alabama are unavoidable, you can minimize your expenses by applying these cost-saving tips. First and foremost, you should try to negotiate your separation with your spouse prior to filing for a legal separation. Your divorce lawyer can provide counsel as you attempt to reach an out-of-court agreement with your spouse.
When seeking an out-of-court agreement with your spouse, keep the following tips in mind: at staying out of court: divorce litigation is always more expensive than negotiating your divorce settlement out of court. Keeping in mind that the more involved the court system becomes, the more it will cost you. Moving farther away from out-of-court negotiations usually means more expenses, especially when the court system needs to step in for arbitration.
It’s better to pay one lawyer: you may want to hire a divorce lawyer for yourself and one for your spouse. Not only does this lead to disputes, but your divorce costs will also increase. Instead , we recommend that you hire a divorce lawyer who is experienced in working with uncooperative couples. Your lawyer will be able to negotiate on your behalf, saving everyone time and money.
Communication can help you avoid legal fees: while speaking with your spouse during the legal separation process may be difficult, it’s not impossible. If you want to save as much money as possible on your legal separation, start communicating with your soon-to-be ex-spouse! Follow the advice of your divorce lawyer: we understand that you want the best for yourself—however, going against your lawyer’s advice can result in unnecessary divorce expenses. To save on your divorce, heed your lawyer’s advice and take any suggested steps.
Watch out for hidden divorce costs: divorce is already expensive enough without hidden costs popping up along the way. One way to stay on top of your expenses is to ask your divorce lawyer for the estimated fees. This way, you will know what to expect when you check your bills at the end of each month.