One common question that is often asked is whether or not Michigan has what is called a legal separation, allowing a married couple to legally separate, but still remain married.

When spouses decide to end their relationship, they will have two options. They can either terminate their marriage through divorce or divide their assets with an action for separation, while leaving the marriage intact. But there are cases in Michigan that spouses file for divorce, but there are no proceedings. This is called legal separation. If spouses wish to remain married, they can file for separate maintenance. The procedures for separation and divorce are almost identical. In fact, the key difference is that with divorce, the marriage is dissolved, but with separation, the spouses, with their lives now completely divided, are still legally married.

There are some disadvantages to legal separation. For example, if your spouse takes on new debt, it may be considered your debt, too. Also, if you both get health insurance from one spouse’s employer, the non-employee spouse could lose coverage. The order for legal separation could count as the kind of “life event” that allows providers to end or deny coverage. Also, in an opposite-sex marriage, the husband will be the legal father of any child born to the wife, even if he is not the true biological father. Michigan law is not clear about what will happen in same-sex marriages with children. Finally, you cannot marry another person unless you get divorced.

Van Tubergen, Treutler & Hayes, PLLC, can offer you full services and legal counsel in every area of family law. This includes divorce, custody, parenting time, child support, spousal support, paternity, guardianship, step parent adoption, and child protective proceedings. We always fight hard for our clients while understanding the emotional devastation that has surfaced. We also recognize and pay attention to the cost/benefit of litigating an issue. We believe this assists our clients to keep their costs down. For swift resolve of your family law issue, contact us today for a free initial consultation. Our phone number is 616-377-0087. Contact us now!