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How does a legal separation differ from divorce?

If you have reached the decision to end your relationship, you have the option of filing for divorce or, alternatively, you could consider a legal separation.  In Michigan, legal separation is referred to as separate maintenance.  With a legal separation, spouses can remain legally married, but you and your spouse will divide your life and property.  Under some circumstances, a legal separation may offer the legal remedy you need to end your relationship without the need to terminate the marriage.  Our Michigan legal separation lawyers at McGuigan Law, PLLC offer an overview of legal separation in the state below.  

Reasons You May Want Separate Maintenance

For most people, when a marriage has ended, divorce is the automatic first thought.  However, there are reasons that some people would want to stay married, but separate their lives.  Separate maintenance may be desired due to religious reasons, uncertainty about final termination of the relationship, or to maintain insurance benefits for a family member.  Anyone considering filing for separate maintenance should discuss this option with their family law attorney to ensure it is the best course of action for you.

Separate Maintenance Explained

Separate maintenance or legal separation is nearly identical to divorce, save for one fact—you are still married after it. In an action for separate maintenance, you will need to meet the same basic residency and ground requirements as in a divorce.  Further, during the separation, you will divide your property, resolve issues of potential child or spousal support, and determine child custody.  

Just as in a divorce, the court will divide your marital assets equitably in the separation action.  Equitable means fair and not necessarily equal.  You will be able to keep your separate assets.  Equitable distribution will involve consideration for the amount of time you were together, any abuse or abandonment, and other critical factors concerning the marriage.

A legal separation is a complex procedure akin to divorce.  If you are considering legal separation from your spouse, consult with a family law attorney in your area.  Your attorney can assist you in achieving the best possible outcome for your separation or divorce.  

Could divorce arbitration offer a preferable means of divorce for me?

A traditional fault divorce is stressful, time consuming, and expensive.  Couples that pursue a traditional divorce in Michigan may find themselves in the middle of a potentially public battle to divide their finances, home, and time with children.  Due to the many disadvantages of a classic divorce, several alternatives have developed. In Michigan, divorcing couples can consider divorce mediation or divorce arbitration.  Our Southfield, Michigan divorce lawyers discuss these two alternatives to a traditional divorce below.

Divorce Mediation

Mediation can offer an inexpensive and amicable way to end a marriage.  It also has the advantage of placing the power in the hands of the divorcing couple to decide what is best for their future, rather than with a judge. During a mediated divorce, a mediator assists the divorcing couple in seeking a resolution to the marriage.  

The mediation process will involve much negotiation, often lead by the trained divorce mediator.  All sides must agree in order to reach a final dissolution of marriage.  Divorcing couples who agree on some issues or have the ability to still work together to reach an end to the marriage may benefit greatly from mediation.

Divorce Arbitration

In Michigan, divorcing spouses can consider arbitration, which is a form of alternative dispute resolution.  Arbitration lies somewhere between mediation and a trial. During arbitration, the divorcing couple will work towards reaching an agreement on crucial divorce issues, but ultimately it is the arbitrator that will make binding, final decisions when the parties cannot agree on an issue.

Arbitration can save divorcing couples time and money by doing away with some of the formalities of a traditional courtroom divorce.  Arbitration is ideal for divorcing couples that want to reach an amicable dissolution to the marriage, but are at an impasse when it comes to certain divorce matters.  Parties that agree to arbitration will set the arbitration schedule and choose the judge.  Parties additionally have some limited rights to appeal if they are unhappy with the arbitrator’s decision.  

Any couple considering divorce in Michigan should consult with a divorce lawyer as soon as possible.  Your divorce attorney will assess your unique situation to guide you towards the best divorce option for you and your family. 

How might the new joint custody bill impact custody arrangements in Michigan?

A new bill recently passed the Michigan House Judiciary Committee and it could mean changes for custody determinations in the state.  The law would require that judges award joint legal custody to divorcing parents, absent evidence of domestic violence.  Supporters of the bill believe a change in the current law is needed due to the evolving standard of parenting, which includes an increasing number of people having children while unwed.  By eliminating the discretion of individual judges, it is believed that children will have a better chance of experiencing the benefits of shared parenting.  

The New Joint Custody Bill

Under the new law, family law judges will award joint legal custody and equal parenting time, unless there is clear evidence of domestic violence.  Parents would not be permitted to move over 80 miles away from the other parent.  Further, no parent would receive more than 200 overnights with their child each year.  This would impact not just custody, but child support obligations as well.  Child support is based on the number of overnights each parent has with the child, so the new law will reduce the child support burden. Lastly, the custody preference of children over the age of 16 will be given significant weight by the judge.

Opponents to the Law

While the bill has gathered the support needed to pass the House committee, it must still go before the full House of Representatives, where it may meet opposition.  Opponents to the bill believe that the presumption of shared custody puts the best interests of the child on the back burner.  It ignores the realities of each family’s situation, disregarding who has been the primary caretaker.  Further, giving older children a say could thrust the child into the forefront of a custody battle.

As we wait to see whether the new joint custody bill becomes law, divorcing parents should take time to consider what custody arrangement will best serve their children and family.  Child custody is one of the most hotly contested issues in any divorce, so parents should consult with a divorce attorney early on to explore their custody rights and options.

What steps can I take to rebuild my finances after a divorce?

A divorce can be devastating on your finances.  In a divorce, many people will lose half, or even more, of everything they have saved and worked for over their lives.  Compounding the matter, a divorce will often come at significant cost to both parties.  Despite these financial challenges, there are steps that divorcing spouses can take to quickly bounce back and recover financially post-divorce.  

1. Set obtainable goals:  It can be easy to become overwhelmed when faced with such daunting goals as paying off your mortgage or your entire credit card balance.  To avoid burn out, start by setting small, obtainable goals.  For example, set the goal of saving $1,000 or paying $500 more than the minimum payment on your credit card.  Once you achieve these small goals, you will feel empowered to tackle an even larger one.  
   
   
2. Balance your budget:  Now is a great time to inventory your income and expenses.  Your budget will likely change post-divorce.  Take a close look at your expenses and put a freeze on any discretionary spending during the recovery period.  With an accurate look at your expenses, you can make important decisions as to whether you should consider a change in job or downsizing.
   
   
3. Ensure your accounts are set up correctly:  Your finances were likely intricately tied to your former spouse and post-divorce it will be critical to untangle your accounts.  Consult with your divorce attorney to make sure your accounts are titled to you alone.  Check your retirement accounts as well as any investment accounts, property, and the like.
   
4. Make a new financial plan:  You and your spouse likely had a set of financial goals.  These goals may have included saving a certain amount, fulfilling dream vacations, retiring at a certain age, and the like.  Now is the time to create your own financial goals.  Some of your goals may overlap with old ones, while some may be completely new.  Take control of your life post-divorce and identify not just your financial goals, but what you want out of your future.  

These four steps are just a start to rebuilding your life post-divorce. Contact a divorce attorney for assistance with your divorce and life beyond divorce.