If your marriage is no longer working out, but you are not ready to file for divorce, a legal separation may be precisely what you and your spouse need. In Michigan, legal separations are known as separate maintenance, and understanding how this process works and how it differs from divorce can be crucial in helping you decide if it’s the correct path for your family to take.
An experienced Michigan family law attorney can walk you through the various ways that separate maintenance could impact your life.
What Is Separate Maintenance in Michigan?
In Michigan, instead of filing for a legal separation, spouses can file a Complaint for Separate Maintenance with the court. Separate maintenance functions similarly to a divorce, but does not legally end your marriage in the same way a divorce does.
The separate maintenance process resolves various issues like:
- Division of marital property
- Child custody and support
- Spousal support
- Living arrangements for the spouses
- Protection from debts incurred by the other spouse
It’s important to keep in mind that neither spouse can remarry while separate maintenance is in effect. You must go through with a full divorce before either party can remarry.
Why Do Couples Choose Separate Maintenance Over Divorce?
The choice to seek separate maintenance often isn’t easy, and there are many reasons why couples may choose this option over a complete divorce. Some of these reasons include:
- Couples may have objections to getting a divorce on religious grounds.
- Couples can receive certain tax advantages by remaining married, which can be beneficial if they do not intend to remarry in the near future.
- Separated spouses may still be covered by the same health insurance plan in some cases.
- Couples may choose not to get a divorce because of the impact it would have on their children.
- Couples may want to spend time apart to determine if their marriage can be salvaged before going through with a divorce.
While separate maintenance may be temporary for some couples, it can also be a permanent solution to the challenges others face.
How To File for Separate Maintenance
Filing for separate maintenance begins with one spouse filing a complaint, which is a legal action, in the county where they live. This complaint includes your reason for seeking separate maintenance.
Next, you must serve your spouse with the separate maintenance documents, which they will have a chance to respond to.
Then, both parties will share financial information to facilitate the division of marital property and enter either negotiations or mediations to reach an agreement. Mediation is a slightly more formal version of negotiation involving a neutral third party as a mediator.
If the parties can’t agree on the terms of their separate maintenance, a judge can rule on disputed issues at a court hearing.
Can Separate Maintenance Transition into Divorce?
At any point after the judgment for separate maintenance is finalized, either spouse can file for divorce. However, the couple will still have to undergo the state’s 60-day waiting period before the divorce can be finalized. This waiting period is 180 days if the couple has a minor child.
When filing for divorce following separate maintenance, the court may also use the same terms of the separate maintenance in your divorce case. For example, if you already worked out a child custody agreement as part of your separate maintenance, you can use that same agreement in your divorce case.
Contact Our Warren, Michigan, Divorce Lawyers
If you’re planning to legally separate from your spouse in Michigan, contact the divorce lawyers of Rodnick, Piraino & Ingber, PLLC, for aggressive, proactive, and personalized legal service. During your initial consultation, one of the attorneys from our law firm will walk you through the process of seeking separate maintenance and answer any questions you have along the way.
