Michael Idema

Grand Rapids Family Law Attorney

30 Years Experience		  
Michigan Family Law - Legal Separation - Article by Michael Idema, Grand Rapids Family Law Attorney.  Call for a free initial consultation:  (616) 647-2200. 

Michigan Family Law - Legal Separation

This article explains Michigan law regarding separation.

Legal Separation, Divorce or Separate Maintenance?

We do not technically have "legal separation" in Michigan.  When someone says they are legally separated, they usually mean one of the following:
  • You can live separate and apart without any case or court order.  Just because you are married does not mean you have to live together.  As long as you have no disputes regarding custody, parenting time, support, property division, payment of bills, etc., you are free to do whatever you wish.
  • If you are living apart, and have disputes, there are a several types of cases you can file to obtain orders setting terms for each of you to abide by, including living apart:
    • Divorce, with an order separating you while the case is pending.  See the discussion below.
    • Separate maintenance, also discussed below;
    • Family Support Act Case:  a case can be filed to set a child support order;
    • Custody Case:  a case can be filed to set custody, parenting time and support.

Separation and Divorce

If you are married and don't want to live together anymore, you do not need a court order to separate.  However, if you can't agree on the terms of your separation, you may file a divorce case.  There is a minimum waiting period to get a divorce (2 months if there are no minor children, 6 months if there are).  You or your spouse may request, or you may negotiate for, a temporary order which requires you to live separately and sets terms for the separation, including who lives in the house (and who must move out), who pays the mortgage, who pays the bills, spousal support, or custody and support issues for minor children. Until the divorce is granted, you will be "legally separated".

Separate Maintenance

Separate maintenance is very similar to divorce. The grounds are the same, the legal procedures are the same, the parties negotiate or the Court decides the same sort of terms as a divorce. There may or may not be a temporary order separating the parties until the end of the case. The difference between divorce and separate maintenance is this: at the end of a divorce case, you obtain a Judgment which grants the divorce and sets the terms of the divorce (spousal support, property division, etc.).  At the end of a separate maintenance case, you may obtain a Judgment which does not divorce you, but which otherwise sets the same sort of terms which would be set if you were getting divorced.  Because you are not divorced, you remain married and cannot re-marry unless you first obtain a divorce.  If you subsequently file for divorce, the Court will generally hold you to the terms in the Judgment of Separate Maintenance, except for some issues over which there has been a change of circumstances. If you file for separate maintenance, and your spouse does not want to stay married, your spouse can counter-claim for divorce.  If, at the end of the case, one of you wants separate maintenance, and the other wants divorce, the Judge must grant a divorce.Separate maintenance cases are usually filed by persons who have religious objections to divorce, or by elderly persons who do not want to disrupt health insurance or other possible benefits of remaining married, but who do not wish to live together.

Free initial consultation

You may obtain a free initial office consultation to talk about separation issues with Michael Idema.  Call (616) 647-2200.

Home   Planning for Divorce   Domestic Violence  Divorce Procedures   Defending Divorce   Custody and Parenting Time   Child Support   Alimony   Property Division   Going to Court   Negotiation   Mediation  Arbitration   Annulment      Paternity   Attorney Fees    Forms   About Michael Idema

Michael Idema

Divorce Lawyer

6410-A Alpine Ave NW

Comstock Park, MI 49321

(Between 7 & 8 Mile Roads)

mike@michaelidema.com

(616) 647-2200

This is the Separate Maintenance page

Home

Divorce Basics

Settling Disputes

Annulment

Separate Maintenance

Paternity

Attorney Fees

Forms

About Michael Idema

©Michael Idema 2006 - 2008

This web site provides information for general knowledge only, and is not a substitute for advice from a lawyer.  For advice about what to do in your specific case please call for a free initial consultation.