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.
2 Answers from Attorneys
Re: marriage and divorce
Yes. We can certainly do a legal separation.
Chuck Kronzek
1-8005766035
www.MidMichiganDivorce.com
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).