Does Michigan Require Separation Before Divorce #ChooseGoldmanLaw
In Michigan, must there be a separation before a divorce? Some states have a separation requirement before the divorce. When a divorce involves children, Michigan imposes a 6-month waiting period. Although this could seem like a sort of separation, it’s not.
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The separation rule is not in effect in Michigan. In many states, separation can be the first step toward divorce. In Michigan, the divorce case’s lifecycle includes a six-month waiting period. Within that waiting period, couples may still cohabit. They are allowed to be together during the divorce process.
What is separation? What is separate maintenance?
Couples frequently go cautiously with divorce. One side submits a petition for divorce to the local court. The protracted, difficult, and drawn-out divorce process begins. Normally, spouses can discuss the terms of their divorce together. Communication can break down. The judge can assist in resolving any unresolved difficulties in your case. The division of property and debt, child custody and support, and spousal support are all issues that couples must decide how to address. Your marriage will be declared dissolved by the court after your divorce. It is at this point you both have the legal right to get married again. You can live separate lives. It is irrelevant who was at fault for the breakup of the marriage. Just say the marital relationship broke down. It broke down to the point where the marital objects were destroyed. There was no chance that the marriage could be saved. That’s just a fancy way of saying that neither spouse can fix the marriage since it is too damaged. (M.C.L.A. 552.6.)
Your spouse will have the option of approving the process for separate maintenance. Or, you can proceed to file for divorce. The judge can reject your request for separate maintenance. The court can move forward with the divorce procedure if either party files for divorce. (M.C.L.A. 552.7.)
According to Michigan law, there must be a waiting period before the judge can decide your case. The judge may allow your request as soon as 30 days after your petition if you don’t have any minor children. The waiting period can be extended to 180 days for families. Couples should consult one another. They will make decisions on the division of assets and debts. They can decide on child custody, visitation, and child support. You will be deciding on life insurance and retirement accounts. You will also be dealing with spousal support during this “cooling off” phase. (M.C.L.A. 552.11, 552.13, etc.)
You can give the judge a written agreement if you can agree on the details of your separate maintenance. The judge will approve your agreement. It will close your case if it is equitable (fair) for both parties. It will approve the custody arrangements that are in the children’s best interests. The court will decide for you if there are any unresolved concerns.
The process for separate maintenance is no different from divorce. It can be challenging to convert a case to a formal divorce afterward. Separation can be long but couples must begin the divorce process from scratch. Several states permit couples to “convert” the separation into a divorce. Before you apply for separate maintenance, be sure you are certain of your choice. Neither way is inexpensive nor quick. You can ask the court to rescind the separate maintenance order if you and your spouse get back together. (M.C.L.A. 552.43, 2nd ed., 10 Mich. Pl. & Pr. 70:111)
Separate maintenance is an alternative to divorce available under Michigan law. The court (or couple) will address the same issues in a divorce. Separate maintenance is like legal separation in that the couple is still married. (M.C.L.A. 552.7.) The court may regard any children born after a ruling for separate support to belong to the husband. This is so even if someone else is the biological father. Opposite-sex parties must realize this. Rebutting (overcoming) this legal bump can be a costly and challenging procedure. (M.C.L.A. 552.29.)
Should you stay in the marital home with your spouse during the divorce proceedings?
A couple may not be granted a divorce in some states until they have lived “separate and apart” for a while. Sometimes they need to do it for a full year. Some families are not prepared to face the considerable financial pressure this lays on them.
Michigan does not have this requirement. While their divorce is ongoing, a couple has the option to live together in the same home. You need only mention in divorce filings that you are no longer “living together as husband and wife.” There are therefore no restrictions on continuing to live together legally.
Living apart has no negative legal consequences either. Many people believe that if they leave the marital house, they have “abandoned” it. If the split of marital property is involved, you would be at a disadvantage. That’s not accurate. Any sort of marital property can never be abandoned in Michigan. While the divorce is being processed, neither of you must live away from the other.
Should you cohabit with your ex-spouse after divorce?
Michigan allows divorced people to continue living together. They can do so in the same house after their marriage has ended. One of you may be given complete ownership and possession of the house. You and your ex-spouse may still live together.
After a divorce, continuing to live together can raise financial issues. Should one of the parties be required to pay alimony or child support, for instance? A divorced couple may choose to continue living together. Their finances should be kept separate. In Michigan, paying alimony or child support is necessary even if you live together in the same house. The amount that the paying spouse must provide each month may fluctuate.
How would child custody operate, if at all? Both parties must allow the other access to their children occasionally. A special arrangement in custody can be accomplished in a variety of ways. Perhaps one parent could watch the children in the morning while the other worked in the evening. This can be included in the custody plan so that both parties are aware of it. Both can have the law on their side if one party violates the custody arrangement.
When this type of living arrangement comes to an end, new plans will need to be made. Financial and custody matters will need to be discussed again. You can do this by asking for changes to the divorce settlement.
There may be good reasons for you and your ex-spouse to cohabitate during and after your divorce. One benefit of continuing to live together is that it lowers your cost of living. It gives you a second source of income to help pay for household expenses. Living together can provide you with a ready-made support system. This is important for parenting your child. It can also be critical for older couples. It can prevent an unmanaged medical emergency at home.
Before you and your ex agree to cohabitate, think about the implications of this choice. When you begin new relationships, cohabitation can be challenging. It can be awkward or unpleasant. Living together can be very confusing for your children, particularly the younger ones. You and your ex-spouse may decide to physically part ways eventually. The ensuing confusion may cause significant distress.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.