Unfortunately, not every marriage works out the way a couple planned when they exchanged vows. When a marriage reaches a point where the spouses believe they can no longer continue living with each other, it may seem like the inevitable next step is to obtain a divorce. In Michigan, legal separation – or a “separate maintenance” judgment – can be a viable alternative to a divorce.
Like a divorce, a separate maintenance action allows a couple to divide their marital assets and debts, resolve child custody and parenting time issues, and determine child and spousal support. But unlike a divorce, the couple remains married.
The team at Alward Fisher is here to take a closer look at separate maintenance actions and examine the pros and cons of legal separation in Michigan. To discuss whether legal separation may be the right option for you based on your specific circumstances, contact us today and speak with an experienced Traverse City family law attorney.
What Is Legal Separation?
Many people refer to an action for separate maintenance as a “legal separation.” The action essentially allows a couple to live apart and resolve almost all the same issues as a divorce without legally dissolving their marriage. Along those lines, the process of obtaining a separate maintenance judgment is like the divorce process.
As in a divorce, a spouse who files an action for separate maintenance must meet Michigan’s residency requirements. This means that at least one of the spouses must have resided in Michigan for at least 180 days before the spouse filed the separate maintenance complaint. Also, at least one spouse must have lived for at least 10 days in the county where the complaint was filed.
Also like a divorce, the spouse does not have to show fault to get a separate maintenance judgment. Instead, the spouse only needs to state the same statutory grounds as in a Michigan no-fault divorce. In other words, the spouse must establish that there has been a breakdown in the marriage that cannot reasonably be repaired.
After the complaint is filed, the other spouse can admit or deny the allegations. The other spouse can also file a counterclaim for divorce.
Unlike a divorce, there are no standardized forms to file a separate maintenance action. This is why working with a Traverse City divorce attorney is helpful if you are considering a legal separation. The attorney will work with you to draft a complaint that fits your goals and will be prepared to protect your rights and interests if your spouse files a counterclaim for divorce.
What Are the Advantages of a Legal Separation?
For some couples, a legal separation may be preferable to a divorce for many different reasons. For instance, they may want to avoid dissolving their marriage for religious reasons. Or they may want to simply get some distance from one another as they work through the problems in their relationship, hoping that the marriage will ultimately survive.
A separate maintenance action has many advantages. For example, you may be able to continue to use your spouse’s health insurance coverage since you are still married. However, keep in mind that some insurance companies treat separation as an event that triggers the termination of a spouse’s coverage. If you have filed your state and federal taxes jointly in the past, you can continue to do so after you have obtained a separate maintenance judgment.
You also cannot be held liable for any debts your spouse may accrue after the separate maintenance judgment is entered. This aspect of a separate maintenance action may be especially important if a spouse’s reckless spending or financial mismanagement has harmed the marriage.
What Are the Disadvantages of Legal Separation?
On the other hand, a legal separation can have some disadvantages. For instance, although you may want to date others, you will not be able to marry another person until your prior marriage is legally dissolved. The lack of finality that comes with a divorce could impact your future relationships with others.
The process of obtaining a separate maintenance judgment can often be as complex and costly as getting a divorce. That makes it crucial for a person contemplating a legal separation to understand their goals and determine whether those goals will be met without legally ending their marriage.
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What Happens in a Legal Separation?
If a court finds that all requirements for a separate maintenance action have been met and the other spouse has not filed a counterclaim, the court will enter a judgment. The judgment can resolve several issues, including:
- Child custody and parenting time
- Child support
- Alimony or spousal support
- Division of marital assets and debts
After a complaint for separate maintenance is filed, a couple must go through a 30-day waiting period before the court can act on the complaint. If the couple has minor children, the waiting period is 180 days. If a couple has not reached an agreement on the above issues before the complaint is filed, they may use this period to work out their differences before going to court. An attorney can play an important role in working with the other spouse to finalize an agreement.
Get in Touch with an Experienced Family Law Attorney in Traverse City, MI
Just like a divorce, an action for separate maintenance involves high-stakes issues. And the process of obtaining one can become complicated, especially if the other spouse files a counterclaim for divorce. That’s why you should get help from an experienced Traverse City family law attorney if you are considering a legal separation.
At Alward Fisher, our compassionate, dedicated attorneys can put more than 100 years of combined legal experience to work for you. To learn more about divorce and separate maintenance actions in Michigan, contact us today for an initial consultation.
