Legal separation does not end the relationship between husband and wife. Custody determination, parental leave and child support are all legal issues that must be decided in the event of a legal separation. Legal separation and divorce are two different legal procedures. Legal separation does not end a marriage. You will still be married if you get a legal separation. Many married couples choose to separate legally rather than divorce outright for a handful of reasons, ranging from refusing a divorce on religious grounds to maintaining tax or government benefits. Some couples opt for legal separation because they believe there is a chance of reconciliation in the future. 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 considering filing for a legal separation (“separate alimony”) or divorce in Michigan and you have questions or are unsure what the best options are for your future, you should speak to a respected and experienced family attorney. A separation before divorce usually means that one or both parties pack their belongings and move to another house so that the couple no longer lives together. If they have children, they usually begin to determine what their family`s custody and/or visits will look like. Moreover, it is at this point that they begin to discuss the issue of asset and debt sharing, assuming they do not yet have a prenuptial agreement. (A professionally written prenuptial agreement is usually a way to avoid a lot of despair during the separation or divorce 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. But many employers and insurance companies now consider a separate alimony judgment to be tantamount to divorce. Therefore, they will not extend health insurance to separated spouses. For this reason, if the main reason you`re considering separation is to continue to get joint health insurance, we recommend that you seek the advice of an experienced family law attorney before making any life-changing decisions. A discussion with your HR staff is also a good idea to ask if a legal separation will result in a loss of health insurance for your spouse. It`s very similar to a legal divorce in almost every way. The only big difference, of course, is the fact that the couple is still legally married to each other and therefore cannot remarry. Couples who have been legally separated, regardless of the length of the separation or how little contact they have with their spouse, cannot remarry without first receiving a divorce decree. A spouse begins the proceedings by filing a separate maintenance complaint with his or her district court. The complaint must show that Michigan`s residency requirement is met, meaning that at least one spouse lived in the state for 180 days prior to filing and at least one party resided in the county where they filed their petition for ten days. In most cases, clients who ask about divorce or separate support choose to divorce. This is because even after spending the time and expense to negotiate a separate final support order, you are still legally married to your spouse.
If one of you decides to remarry over the years, you will need to go back to court to file a divorce suit that accepts your previous separate support agreement. In Michigan, the spouse filing for divorce must also have a legal justification — or reasons — for doing so. Michigan is a no-fault divorce state, meaning divorced couples don`t have to attribute responsibility for the end of their marriage. During legal separation, legally married couples can divide their property and debts and decide how to share custody of their children. They may also choose to negotiate a separation agreement that sets out their rights and obligations during the separation. Once the legal separation is over, couples can live apart without fear of legal consequences. The standards used by Michigan courts to determine custody, access, and assistance are the same as those used to determine divorce. For example, the “best interests of the child” will be the primary basis for resolving custody arrangements. Legally separated parents have the same rights and obligations as divorced parents.
They need to support their children and make their decisions about care and well-being. 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. For some couples, legal separation is the option they choose instead of divorce. For a variety of reasons, divorce is an unacceptable option. Reasons include loss of a spouse`s health insurance benefit, religious beliefs or cultural traditions. Whatever the reason, it is important that you know exactly what rights the law gives you with respect to this issue and what options you have. For most people, whether you`re married or not, once you and your partner don`t live together, you`ve “separated.” But marriage is a legal agreement between two people, not a way of life. Just because you`re moving doesn`t mean you`re legally separated. There are thousands of state and federal laws that use the words “spouse,” “husband,” and “wife” to define rights and obligations for everything from taxes to intensive visitation. Without a formal legal separation, which Michigan calls a separate child support agreement, you can feel tied to your spouse`s assets and debts long after the keys are handed over.
For the majority of people who divorce in Michigan, divorce, like almost anywhere else, is usually preceded by a period of separation. It sounds different for different couples, but usually means that the couple`s paths separated and began living their lives as singles in preparation for their divorce. For a couple to be “legally separated” under Michigan law, a spouse must file a separate child support application or claim. The other spouse must agree to the legal separation procedure; If the other spouse does not agree and prefers to divorce, the court will undoubtedly grant divorce in the event of legal separation. 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. All issues considered in divorce proceedings will be considered in separation proceedings, including custody, parental leave, child support, division of property, and spousal support. The main difference between a divorce and a legal separation is that your marriage is legally terminated and perhaps more importantly, you are free to marry someone else. If you are only legally separated, your marriage has not been dissolved and you are technically still married, but only “legally separated”. In case you want to marry another person, you must first get an absolute divorce.
