Legal separation is a possibility for some married people considering a divorce. In Michigan, a married man has two options (not counting annulment) when considering a separation. He can either file for divorce or file for legal separation.

These are the two paths available: divorce or legal separation, which is also called legal separation or separate maintenance in Michigan. Legal separation in Michigan is a formal legal process, not just living apart. It means that you file a complaint for separate maintenance and proceed with a separate maintenance case.

Legal Separation and Divorce

A divorce and a separate maintenance case are the same in nearly every way, with one major difference. The key differences between legal separation and divorce are that, at the conclusion of a divorce, you are, of course, divorced, but after a separate maintenance case, the couple remains married, remain married, still legally married, and are remaining legally married.

This means you stay married in the eyes of the law, which can affect taxes, health insurance, and inheritance. The process, the time, and the issues are identical with both cases. Both legal separation and divorce involve a court order that outlines the terms, including how to divide property, child custody, support, and other issues.

The only distinction is that with one case you separate your lives but remain legally married, and with a divorce you separate your lives and are divorced.

Certain situations may make legal separation more appropriate than divorce, such as religious beliefs or the need to maintain health insurance. To file for either legal separation or divorce, you must meet Michigan’s residency requirements—either you or your spouse must have lived in Michigan for at least 180 days and in the county for at least 10 days. The process is initiated when a party asks the court for relief, and the necessary documents must be filed and files with the court.

Typically, the spouse files a complaint for separate maintenance or divorce, and the other spouse has the opportunity to respond. If all requirements are met, the judge grants the final judgment or separate maintenance order. The court will divide marital property and issue a separate maintenance order or judgment.

The divorce case and separate maintenance case follow similar procedures. Legal separation involves resolving issues such as property division, child custody, and support. Michigan is a no fault state, and there must be a reasonable likelihood that the marriage cannot be preserved. The court may consider the spouse’s behavior in certain circumstances.

If there are children, issues of paternity may arise, and the biological father may need to be established. There are also special considerations if one spouse is a service member. The process and terminology may differ in other states, but in Michigan, both spouses are involved in the process.

As with all legal matters, it is best to get proper legal advice from a licensed attorney concentrating in this field of law. ADAM has attorneys ready to advise you regarding these issues.

Common Law Marriage Considerations

If you’re dealing with a common law marriage in Michigan, you need to know that these relationships are only recognized if you established them before 1957. While Michigan no longer allows new common law marriages, if you entered into such a relationship before that date, you’re considered legally married under Michigan law.

This means that when your common law marriage ends, you’ll have to go through the same divorce process as couples in traditional marriages.

When you’re facing the end of your common law marriage, Michigan courts will address the same issues you’d encounter in any other divorce or legal separation. Your property division, child custody, child support, and spousal support will all be determined according to Michigan law, with the court considering the unique circumstances of your marriage relationship.

The division of your marital assets, including your retirement accounts, gets handled in the same way as a traditional divorce, ensuring you get a fair distribution based on what each of you contributed to the marital estate.

Since Michigan is a no fault divorce state, you don’t need to prove any wrongdoing to file for divorce or legal separation in your common law marriage. The waiting period for divorce in Michigan—typically 60 days if you don’t have minor children—applies to your common law marriage as well. You’ll need to make sure at least one of you meets Michigan’s residency requirements before you can file for divorce or a separate maintenance case.

Your health insurance coverage is another important consideration you can’t overlook. When your common law marriage ends, it can affect your eligibility for health insurance, so you need to understand how these changes may impact your situation.

Some couples choose legal separation, also called separate maintenance, instead of divorce so you can remain legally married while separating your financial and personal lives. This option can help you maintain your health insurance benefits or accommodate your religious beliefs that discourage divorce.

Separate maintenance actions allow you and your partner in a common law marriage to establish clear arrangements for child support, parenting time, and property division without ending your marriage. Your court case will address the same issues as a traditional divorce, and the judge will issue a separate maintenance judgment or final judgment based on the specific facts of your relationship.

Legal Separation in Michigan

The best interests of your minor children will always be the court’s top priority when making custody arrangements and determining your child support.

Because divorce in Michigan, especially when it involves common law marriages, can get complex, you need to consult an experienced family law attorney who knows what they’re doing. An attorney can help you navigate the legal separation process, protect your rights, and ensure that all aspects of your marital estate get handled properly.

Whether you’re considering a divorce or a separate maintenance action, understanding your options under Michigan law is your first step toward making informed decisions about your future.