Michigan Divorce Laws Legal Separation

Unlike legal separation, divorce makes the couple single again, meaning they can marry others later. Whatever your current situation, it`s always in your best interest to work with an experienced legal team to ensure your divorce or separation case goes as smoothly as possible. Contact Kecskes, Gadd & Parker, PC today to schedule a consultation. The length of your divorce depends heavily on the controversy of your divorce issues. Every divorce in Michigan has a 60-day waiting period, and a divorce with minor children has a 6-month waiting period. Michigan law does not require legal separation before divorce, but couples often choose legal separation as the first step in the divorce process. Legal separations can take less time and cost less than divorce, and they can be beneficial for couples who want to live apart but don`t want to end their marriage completely. Since legally separated couples are not divorced, they cannot remarry. If the couple reconciles, the process will be much easier, as they have never been “technically” divorced. If a couple attempts legal separation but later divorces, a new divorce action would have to be filed and the process would begin again, although many issues may have already been resolved in the legal separation process. If you are legally separated from your spouse, you are not allowed to marry another person. This is because legal separation does not end your marriage. They are still considered married, and any attempt to marry another person would be considered bigamy.

To marry someone else, you must first get divorced. Only then would you be free to marry. In a separate child support case, a separation agreement is enforceable in Michigan until the court changes it or subsequently issues a divorce settlement. People often talk about “legal separation” as an alternative to divorce. In Michigan, this lawsuit is called “separate maintenance.” This is a court case between a married couple who can divide property and debts, decide on child support, custody and parental leave, and provide spousal support. This is almost the same as a divorce, except that the couple remains married at the end of the case. Some married people may choose to apply for separate alimony instead of divorce for religious or other reasons. It is important to note that if one party applies for separation while the other party files for divorce, the court will automatically recognize the petition for divorce via the request for separation and the result will be a divorce judgment. In some cases, a judge may proceed with legal separation if one of the spouses has committed adultery or domestic violence in the marriage. Legal separation may also be granted if the spouses have separated and no longer wish to marry. There are several reasons why legal separation can be granted.

A separate support judgment allows a married couple to live apart, continue their single life, and exist as if they were divorced without having to go through the legal process of divorce. While nothing changes from a legal perspective, meaning they are still legally considered married, they can live separately, file tax returns separately, and enter into court-ordered agreements on custody of their children, as well as child and spousal support arrangements. Yes. A woman`s maiden name may be reinstated by court order. Usually, the restoration of a girl`s name is included in your final divorce decree. Once the judgment is filed with the court, you can change your name to the federal government (Office of Social Security) and the state (Michigan Secretary of State). Second, legal separations usually take less time and cost less than a divorce. Finally, legally separated couples can still file joint taxes and apply for benefits such as health insurance. A separate support agreement or a controversial separate support order is a divorce alternative that gives you most of the benefits of a wealth-splitting arrangement without legally dissolving your marriage. In the past, separate maintenance agreements benefited spouses (mainly wives) who were stigmatized or even faced negative legal consequences in the event of divorce. Alternatively, couples who opt for separate alimony instead of divorce may do so for religious reasons.

Another disadvantage of separation is.

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