There are several types of divorce or legal separation that you can take under Michigan law. For most people, it is important to consider all of your options and to think about your desires. Why do you want to divorce? What do you want to come of this decision? For some people, the lines are a bit blurry. You may want to take a closer look at what separate maintenance is as a type of alternative to traditional divorce under Michigan law.
There are various reasons why a traditional divorce may not be what you want or need. This type of separation involves similar legal steps to traditional divorce. You may wish to consider this method if you have religious beliefs that limit your willingness to divorce or if you have other reasons not to file traditionally.
Under this type of separation, at the end of the case, you are still married. However, a judge will make key decisions about the custody of your children as well as decisions about parenting rights for each parent. In addition, the judge will make decisions about how to divide the marital property and give individuals specific rights to assets as well as debts.
If you file for separate maintenance, but your spouse files for divorce, Michigan law requires the court system to consider the divorce case over the maintenance.
It is still possible for you to make key decisions about your new life if you file separate maintenance. In general, you and your spouse should try to come to specific agreements on custody and assets. If this can be done, it is likely the courts will agree to the terms if it is considered fair to all involved.
It is essential to talk to a Michigan attorney if you think that filing separate maintenance may be the right option in your situation. Learn more about your options and rights.