Legal Opinion · Dissent

D.L.J. v. B.R.J.

Court of Civil Appeals of Alabama

Decided August 1, 2003No. 2020122Published

1DissentMurdock, Judge

I respectfully dissent.

I first note that our caselaw has always provided that a property division or an alimony in gross award, being final, non-modifiable settlements, are not available to the court in the granting of- a legal separation to the parties. E.g., Mullins v. Mullins, 416 So.2d 1063 (Ala.Civ.App.1982). *249In McLendon v. McLendon, 277 Ala. 323, 169 So.2d 767 (1964), our Supreme Court stated:

“There is a great difference in the effects of a decree a vinculo as compared with a decree a mensa. A divorce from the bonds of matrimony bars a wife of her dower and of any distributive share in…

2Cases cited9 opinions

  1. Ex Parte JacksonSupreme Court of Alabama · 1993
  2. Ex Parte Master Boat Builders, Inc.Supreme Court of Alabama · 2000
  3. Mullins v. MullinsCourt of Civil Appeals of Alabama · 1982
  4. Adair v. AdairSupreme Court of Alabama · 1952
  5. McLendon v. McLendonSupreme Court of Alabama · 1964

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