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.
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.
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.
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.
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.