Legal Question in Family Law in Michigan

Separation

My wife and I want to separate for several months to get a break and try to reconcile. We have one son 11 years old. Would the person leaving the house during this time, be at a disadvantage later if it goes to court? For custody or other issues.


Asked on 1/05/09, 7:19 pm

1 Answer from Attorneys

Matt Van Steen 248-398-7100 Garmo & Kiste PLC

Re: Separation

Whomever leaves the home will be in a worse position. First, b/c they but themselves at distance from the son, which will have an impact on custody later on down the road, which in turn will impact child support. Second, b/c of property disposition concerns. Surely you've heard possession is 9/10s of the law. Well that's not the rule obviously, but there is allot of truth to phrase, whoever moves out puts themselves at a disadvantage when certain property goes missing, etc. Once you've left the house it's tough to get appropriate accountings of the joint property, and sometimes your own property for that matter. Ultimately whoevers not around the property looses out b/c things start to go missing.

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Answered on 1/05/09, 10:10 pm


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