Understanding Legal Separation In Michigan

The concept of legal separation in Michigan is confusing to many people. There is no true action in the state of Michigan entitled “legal separation.” The closest concept in the state of Michigan to “legal separation” that is still legally enforceable in court, is known as “separate maintenance.” The decision to file for divorce or separate maintenance is extremely difficult and there are many issues to consider.

Let Us Help You Determine If Legal Separation Is Right For You

At Gordon & Hess, PLC, we can help evaluate your particular set of circumstances and devise a list of pros and cons to consider before reaching a conclusion. Some of the reasons for separate maintenance may include the following:

• Religious or moral beliefs prohibit or disapprove of divorce.
• Family is in a state of transition and parties may need “space” that is structured and enforceable, while they reflect upon repairing or dissolving their marriage.
• One party may need to keep the health or medical insurance currently provided by their spouse that would otherwise be lost with the entry of a judgment of divorce.

For all practical purposes the legal proceeding of “separate maintenance” is identical to a regular divorce proceeding

However, whether there is an agreement between the parties or a trial before the court, the parties’ marriage is not dissolved but remains intact. Although the parties are still considered legally married all marital issues can be resolved in a judgment of separate maintenance including custody, parenting time/visitation, child support, property division of assets and debts, spousal support, attorney fees, etc. Sometimes, a party wishes to file for separate maintenance when they are still unsure if they truly want to be divorced from their spouse.

Once a complaint for separate maintenance is filed, either party reserves the right to file for divorce and convert the matter to a divorce proceeding rather than a separate maintenance proceeding. When this occurs the only way the matter can be dismissed or converted back to a separate maintenance matter is by agreement of both parties and approval of the court. There are many other caveats to consider with a complaint for separate maintenance. It is essential that all documents are meticulously prepared by an attorney with experience in handling such actions.

Frequently Asked Questions About Legal Separation

We often receive questions from clients about separate maintenance in Michigan. Here are answers to some common concerns that may help you understand this legal process better:

How is a legal separation different from divorce?

Separate maintenance in Michigan allows couples to live apart while remaining legally married. Unlike divorce, it does not terminate the marriage. However, it does address important matters such as property division, support and child custody. Some couples choose this option for religious reasons or to maintain health insurance benefits that would end with divorce.

Can I file for separate maintenance if my spouse and I still live together?

While Michigan law does not require physical separation before filing, courts generally expect spouses to live separately when seeking a judgment of separate maintenance. The arrangement works best when couples maintain separate households, as this helps establish clear boundaries for property, finances and parenting time. Courts look for evidence that the separation is genuine and not merely a legal formality. You should have a plan for separate living arrangements before filing.

How long does it take to obtain a judgment of separate maintenance in Michigan?

The timeline varies significantly based on several factors, including case complexity and whether both parties agree to terms. When spouses reach an agreement on major issues, such as property division and support, the process typically takes 60-90 days. Contested cases requiring court intervention may take six months or longer. Michigan has no mandatory waiting period for separate maintenance actions, unlike divorce, which requires a 60-day minimum waiting period.

Can I receive spousal support or financial assistance during a legal separation?

Yes, a judgment of separate maintenance can include comprehensive provisions for spousal support, child support and division of marital assets. The court considers numerous factors when determining support amounts, including income disparity, length of marriage, each spouse’s needs, health conditions and earning capacity. These financial arrangements remain legally binding unless modified by the court through proper legal proceedings. Support orders can be enforced just like divorce judgments.

Contact Attorneys Who Provide Meticulous Attention To Detail

Our attorneys at Gordon & Hess, PLC, are experienced with all matters related to family law, divorce proceedings and separate maintenance proceedings. We can help you understand the differences between them and which proceeding would be best for your particular set of circumstances. Email us or call 616-369-7452 to schedule a consultation to discuss whether a legal separation through a separate maintenance action is in your best interest.

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