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Archive for the ‘Separation’ Category

5 Despicable Acts to Avoid During Your Michigan Divorce

Property Damage Michigan DivorceDivorce can be a rocky road, and the Michigan divorce process can lead people to act in ways that might be completely out of character. There are some situations that can’t be helped during the legal dissolution of a marriage, but there are some behaviors that are hard to forgive, hard to ignore, and hard to wiggle out of legally. Take heed. (more…)

The Emotional Trauma of Divorce: Do You Need Counseling?

Depression. young attractive woman with an awful migraineFor many couples, a divorce may feel like a blessing rather than a curse. The dissolution of a marriage can be a release from a union that was unhappy and fraught with difficulties. But just because you want a divorce, even welcome it, counseling can still be a wise choice to help you cope with the new reality that lies ahead. (more…)

How Do I Separate from My Spouse in Michigan?

A separation typically precedes a divorce. But, in the state of Michigan, there is no such thing as a legal separation. This also means that couples do not have to be separated for a set period of time before filing for a Michigan divorce.

Once the divorce process begins, legal documents and interim orders will tell both parties where they and their children will live. Even though a couple is living apart, this is not considered a legal separation at any point. So is there any sort of legal option concerning separation from one’s spouse? (more…)

Does Michigan Allow Separate Maintenance Agreements?

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A separate maintenance agreement does exist in the state of Michigan, but it has a somewhat tricky definition. Not to be mistaken for a separation agreement or a legal separation, a separate maintenance agreement essentially means that a couple is getting a divorce… but they’re not really divorced.

Confusing, right? There are various reasons why couples select a separate maintenance agreement rather than legally getting a full divorce – it can often involve matters of health care or religion. But there are also some snags that couples can encounter when trying to benefit from a marriage union through a separate maintenance agreement. Allow Jacob Femminineo, a Macomb County attorney, explain how a divorce can take place in a separate maintenance agreement, but still leave a couple with a married status.

Can I Get a Legal Separation in Michigan?

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There is one phrase that divorce attorneys often hear from their clients: “I want a legal separation from my spouse.” Here’s the reality – there is no such thing as a legal separation in the state of Michigan. A married couple either lives together or, if they no longer want to be a pair, they choose to live apart – but there is no legal separation. Once the divorce process begins, legal documents and interim orders will come into play telling both parties where they (and their children, as the case may be) will take up residence. Once a divorce is in motion, even then there is no legal separation that occurs.

In this video, Macomb County lawyer Jacob Femminineo explains the reasons why legal separations don’t exist in Michigan and goes into detail about the differences between separation and abandonment.

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The information presented within this website is for general information purposes and is NOT and should not be considered as being "legal advice". You should not act on any information presented herein without the verifying same with your attorney.

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