separate maintenance

There are situations in which you know your marriage is not salvageable yet you and your spouse do not want to legally dissolve the marriage. This could be due to religious beliefs, tax purposes,health insurance purposes, or other personal reasons. However, if you and your spouse plan to live permanently apart for an extended period of time, it is important to resolve several issues, many of which are highly similar to the divorce process.

In Michigan, the law refers to legal separation as “separate maintenance.” You must file for separate maintenance citing irreconcilable differences. In order to the court to grant separate maintenance, you must resolve many issues just like in a divorce, including:

  • Child custody
  • Child support
  • Property division
  • Spousal support

The court will either approve an agreement between two spouses or will make its own determination how these issues should be resolved. You will then have a legally binding separate maintenance order with which you and your spouse must comply. The only main difference from divorce is that you cannot legally remarry until you seek a divorce.

Separate maintenance helps to resolve many issues for couples who do not want a divorce but plan to live separately. You also have the option to take a trial separation period, in which you live separately but do not officially have a legal agreement about property division or other matters. You should carefully discuss the pros and cons of separate maintenance versus a trial separation with a Southfield divorce attorney.

Consult with a Family Lawyer in Southfield about Your Options Today

At McGuigan Law, PLLC, we help people in a variety of situations, including those pursuing separate maintenance or divorce. We will help you understand your options and pursue the right path for you. Call 248.356.9100 or contact us online to discuss your situation.

divorce attorney

Many married couples purchase houses and build a life in the home, especially for any children they may have. If you decide to get divorced, you may expect to lose some of your possessions, though will you have to lose your house? The answer to this question is different for each divorcing couple, and you should discuss the details of your situation with a divorce attorney in Michigan. In the meantime, the following is some brief information about how divorce can affect a family home in Michigan.

Division of Property

Michigan divorce law requires that divorcing couples divide their property in an equitable manner.This does not mean that everything has to be divided 50/50, so there are no requirements to divide the equity in your house equally, which often requires selling the home. Instead, you can come up with an arrangement with your spouse that may allow one of you to remain in the home. This is especially preferable for children who might be attached to the home, the neighborhood, schools, or other aspects of the community.

In many cases, you may be able to keep the home, as long as your spouse receives a larger portion of your other marital property. Some people forego their portion of retirement or investment accounts in exchange for keeping the home. Whether such an arrangement is possible depends on the nature of your property and assets with your spouse.

Contact a Divorce Lawyer in Michigan for More Information

Property division is never simple, especially when it comes to houses, business interests, and other complex assets. At McGuigan Law, we will ensure that you receive an equitable division of property in your divorce, whether or not that includes a family home. Call 248.356.9100 or contact us online to set up a meeting with an experienced Michigan divorce attorney.

divorce requirements

When many people want to end their marriage, they may want it to happen right away. Unfortunately, there are a number of legal issues you must first sort through, as well as divorce requirements you must meet to obtain a divorce under Michigan law. The following are only some requirements for a Michigan divorce -to discuss your specific situation, contact our divorce lawyers today.

Residency Requirement

Not just anyone can file for divorce in Michigan. Instead, either you or your spouse must have lived in the state for at least 180 days and in the county the divorce is filed for at least 10 days. While there are limited exceptions to the residency requirement, it will apply in most divorce cases.

Filing a Petition

One spouse must file a divorce petition and serve it on the other spouse. There are no fault-based divorce grounds in Michigan, so the petition must only state that the marriage is irretrievably broken to request a divorce.

Waiting Period

If you have no children with your spouse, there will usually be at least a 60-day waiting period before the court will grant your divorce. If you do have children, the waiting period may be six months.

Settling All Relevant Issues

Before a court will finalize a divorce, you and your spouse must resolve any of the following issues that apply to your situation:

  • Property and debt division
  • Child custody
  • Child support
  • Spousal support

In many situations, couples can agree on these issues and submit their settlement agreements for court approval. If you cannot agree, you will need to go to trial so the court can decide them for you.

Contact Our Michigan Divorce Attorneys for More Information

If you are considering divorce, there are many steps you must take before you receive a final divorce judgment. Call the Michigan divorce lawyers at McGuigan Law, PLLC at 248.356.9100 or contact usonline to set up your free consultation.

Will I receive alimony if I am a divorced stay-at-home mom?

Stay-at-home parents make the noble choice of leaving their careers to be home with their children during their formative years.  Any stay-at-home parent or spouse of a stay-at-home parent knows that raising children is perhaps the most challenging job of all.  While most stay-at-home parents would not trade their time with their children for anything, the stay-at-home parent is particularly vulnerable in the event of a divorce.  Stay-at-home parents, who are generally women, may not find it easy to enter the workplace after such a long absence and evolving divorce laws have made it far harder for stay-at-home parents to receive alimony.  Our Southfield, Michigan divorce lawyers discuss the unique issues facing stay-at-home parents during a divorce below.

Seeking Alimony as a Stay-at-Home Parent

Perhaps the greatest concern for divorcing stay-at-home parents is finances.  As a stay-at-home parent, you have sacrificed your own career advancement for your family.  While the decision to have one parent leave the workforce is a mutual one, it is the stay-at-home parent that ends up at risk of financial struggles after a divorce.  Traditionally, alimony has been used as a means of evening the playing field for the stay-at-home parent post-divorce.

Alimony consists of payments made from the payor spouse to the recipient spouse.  Alimony can be agreed to in divorce settlements or ordered by the court. While alimony used to be awarded as a matter of course to the lesser earning spouse, now it has become harder to receive an award of alimony.  

Michigan courts will weigh several factors to determine whether a spouse is entitled to spousal support. Relevant factors include: 

  • The length of the marriage
  • The conduct of the parties and past relations
  • The abilities of the parties to work
  • The ability of the parties to pay alimony
  • What property each spouse will receive in the divorce
  • The health and needs of the parties
  • The prior standard of living of the parties
  • General equity principals 

Even if you are awarded spousal support, the award will rarely be permanent.  A Michigan divorce judge has the discretion to limit the length of the alimony award.  Further, alimony can be terminated at any time that the other spouse can demonstrate a showing of change of circumstances.  For these reasons, it is critical that stay-at-home parents retain the assistance of an aggressive divorce lawyer who will fight for their award of spousal support and fair division of property.