Legal Question in Family Law in Michigan

marriage and divorce

can i be legally separated in the state of mi before we follow thru with a divorce.


Asked on 10/24/06, 10:55 am

2 Answers from Attorneys

Re: marriage and divorce

Yes. We can certainly do a legal separation.

Chuck Kronzek

1-8005766035

www.MidMichiganDivorce.com

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Answered on 10/24/06, 12:17 pm
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: marriage and divorce

Michigan does not have "legal separation" but does have "separate maintenance." Separate maintenance requires that the parties divide all property and resolve issues such as child custody and visitation and spousal support, just like in a divorce. It takes just as long as a divorce and the only difference is that the parties cannot remarry. Either party can easily convert the separate maintenance judgment into a divorce judgment by making a motion to the court. I really do not see any advantage to a legal separation unless you need health care or have some other practical reason. I once had a client who wanted a separate maintenance judgment rather than a divorce judgment just because he had been divorced several times before and could not handle the thought of being divorced again (it made sense to him).

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Answered on 10/24/06, 5:15 pm


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