michigan Legal Separation Lawyer

Divorce can be complicated, messy, and lead to a myriad of other issues down the road. That’s why separate maintenance – another form of legal separation – is perfect for couples who want to stay legally married but live separate lives.

There are several benefits to separate maintenance. This type of formalized separation agreement allows you to continue financial benefits like tax incentives, preserve health insurance benefits, or follow your religious beliefs, which may be against divorce. Let a local legal separation lawyer assist you with a separate maintenance action. Our family law attorneys are well-equipped to assist you in pursuing legal separation, so connect with our firm today.

Divorce vs. Separate Maintenance in Oakland and macomb County

While separate maintenance is similar to divorce in terms of property division, child custody, child support, and spousal support, there are some important differences between separation maintenance and marriage dissolution. For instance, neither party may remarry because, under state law, the marriage still exists. Some couples who think they may reconcile in the future may choose separate maintenance over divorce for this reason.

Common Reasons for Separate Maintenance Actions in Our Area

People might want to get separate maintenance for the same reason many people choose to get divorced. Issues that commonly lead to legal separation include:

  • Incompatibility

  • Abandonment

  • Adultery

  • Cruelty

One of our attorneys could assist with a legal separation regardless of a person’s reasoning.

Pursuing a Separate Maintenance Action

In order to legally separate without dissolving the marriage, one spouse must file a request for separate maintenance in the county where they live. It’s important to note, however, that both spouses must agree to an action for separate maintenance. If either spouse asks the court for divorce, it will deny the request for separate maintenance and move on to the divorce proceedings.

Otherwise, the terms of a legal separation will depend largely on the circumstances of either spouse. For this reason, it is best to connect with a local lawyer who can help you achieve the most favorable outcome possible in your legal separation.

Waiting Periods to Legally Separate

There are however, waiting periods before a judge will grant your separate maintenance case. This waiting time is meant to give the couple a chance to organize their plan with regards to child custody, alimony, etc. The waiting times in legal separation cases are:

  • For couples with no minor children, the soonest the judge can grant your request is 60 days

  • For couples with minor children, the soonest is 180 days. Sometimes the 180-day timeline can be shortened if the Court finds it is in the best interest of the children and the parents have already been living separately.

It’s best to speak to your attorney to see what your legal separation timeline will realistically look like.

Reach out to a legal Separation Attorney As Soon As Possible

If you believe your marriage is beyond repair but a traditional divorce is not the right fit for you, separate maintenance might be the solution you’re looking for. While it’s not a formal divorce, there are still several legal hurdles you must overcome before obtaining separate maintenance. It is in your best interest to discuss your options with a local legal separation lawyer before pursuing separate maintenance, so contact our firm right away to learn more.