Marriage gives couples certain legal rights, protections, and obligations. While separation and divorce can be complicated and painful processes for married couples, dividing assets and arriving at child custody solutions can be even more complicated when a couple is unmarried.
Family law treats unmarried couples somewhat differently from married couples. Consequently, unmarried couples who wish to separate may struggle to understand their rights within the legal system. At Alward Fisher, our Traverse City family law attorneys can help unmarried couples protect themselves, their assets, and their children by helping families find solutions that meet their needs and address their concerns.
Are you unmarried and struggling to separate from a partner? Let an experienced family law attorney help you. Contact our Traverse City office today to request a free and confidential consultation.
Legal Issues for Unmarried Couples
The different treatment of unmarried couples under Michigan law can present legal challenges for unmarried partners who decide to separate after having children and merging their lives and finances.
In Michigan, marital property laws and many other rights married couples enjoy do not extend to unmarried couples. Even couples in very long-term and committed relationships do not have the same legal rights as married couples. As a result, unmarried partners may face challenges when attempting to divide assets, solve housing issues, and arrive at a parenting time or child custody agreement. Couples who have bought property together or started a business together may also encounter additional complications when attempting to separate.
Four Basic Principles of Michigan Law for Unmarried Couples
Unmarried Michigan couples must understand four basic principles of Michigan law:
- Michigan does not recognize common-law marriage, having abolished it in 1957. No matter how long you’ve been in a relationship with your partner, you do not have the same legal rights regarding property and asset division as you would if you were married.
- Services rendered during the relationship are legally presumed to be gratuitous. You may have helped to build a house or contributed to the formation of a business, but that does not mean you are legally entitled to a portion of those assets.
- Contracts signed as though both partners were in a marriage-like relationship do not have the status of those entered into by married couples and are not legally enforceable.
- Agreements related to money, assets, and property are only enforceable between unmarried partners when these agreements are independent of the relationship. Effectively, this means those agreements must have been entered into as though you were business associates or friends.
These four principles make separation uniquely challenging for unmarried couples, on top of the other difficulties they face as they dissolve their relationship. In the end, avoiding marriage can come with its own challenges and legal complications that may be difficult to overcome without the help of a skilled family law attorney who understands how Michigan family law affects unmarried couples.
Cohabitation Under Michigan Law
Cohabitation occurs when two individuals live together in the same household. Unfortunately, cohabiting is not the same as being legally married. In most circumstances, it does not extend legal rights to either party in the event of a separation.
Until recently, a 1931 Michigan law made it illegal for unwed partners to live together. Cohabitating partners could be found guilty of the misdemeanor offense of lewd and lascivious cohabitation and gross lewdness. While cases were rarely prosecuted, Gov. Gretchen Whitmer recently signed legislation repealing this law.
To protect their assets in the event of a separation, cohabiting Michiganders may develop a legal cohabitation agreement stipulating which assets belong to which partner and outlining how all assets and property will be divided should they choose to separate. A family law attorney can help you draft a legal cohabitation agreement in Michigan.
Does Common Law Marriage Exist in Michigan?
Common law marriage does not exist in Michigan. Only a handful of states in the U.S. fully recognize common law marriage, while several others recognize common law marriages only in specific circumstances.
Custody Laws for Unmarried Parents in Michigan
Child custody is one of the most challenging hurdles unmarried couples must overcome. Child custody laws in Michigan for unmarried parents differ from those that apply to married couples. Typically, an unmarried biological mother will receive sole physical and legal custody of a child.
For an unmarried father to receive custody, they must establish paternity and then file for custody of the child. The establishment of paternity will also affect a father’s right to parenting time.
Child Support Law for Unmarried Parents in Michigan
Michigan custody laws for unmarried parents recognize the value of both parents contributing to the health and well-being of a child. This includes financial contributions. Biological parents must provide necessary child support, even if they have never been legally married. The amount of child support a parent may owe depends on numerous factors. You can get a rough idea of your financial obligations by consulting the Michigan Child Support Formula.
Will an Unmarried Couple Need a Lawyer if They Are Separating?
Unmarried couples who are struggling to come to terms with their separation and who wish to fully understand their legal rights can benefit from legal representation. An attorney can help you navigate the separation process and manage issues like child custody, parenting time, child support, and the division of your assets.
Contact the Family Law Lawyers at Alward Fisher for Help
As an unmarried person going through the process of separating from your partner, it can be natural to feel powerless as you attempt to understand how Michigan law affects your situation. The team at Alward Fisher understands how challenging it can be to separate from a partner. We’re here to help you through the process of separation while working to protect you, your children, and your assets. Contact our Traverse City office today to request a confidential legal consultation. We look forward to learning about your situation, hearing your concerns, and helping you understand your legal rights and options.