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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?
In Michigan, separate maintenance agreements follow practically the same course as a divorce proceeding. This judgment essentially leaves a couple divorced from everything except the bounds of marriage.
Opting for a Judgment of Separate Maintenance in Michigan rather than a Judgment of Divorce in Michigan means that you cannot remarry. If you decide at a later date that you would rather be divorced completely, an entirely new case will need to begin and be carried out to complete a divorce.
Why would anyone choose a separate maintenance agreement over a divorce? Often, the reason for going the route of the separate maintenance agreement is due to health care or religious reasons.
If one half of the couple is dealing with health issues and has concerns about losing their medical insurance, opting for a separate maintenance agreement instead may prevent the insurance they share with their spouse from being terminated. Keep in mind, however, that many employers are in the process of considering separate maintenance agreements as having the same effect as a Michigan divorce when it comes to health care benefits.
In some circumstances, if a person will be excommunicated from their church if they divorce, they may choose a separate maintenance instead, choosing to live apart from their spouse but remain legally wed.
Ultimately, nothing is simple when it comes to separate maintenance agreements or divorce, and an attempt to benefit from a marriage union while still having the “freedom” to live separately is not easily managed. If you would like to pursue a separation or divorce in Macomb County, Michigan, or simply have questions about the divorce process, contact Femminineo Attorneys, PLLC to schedule your free initial interview.
Most lawyers are in a general practice and do some of everything. One of our main focuses is on Family law and being expert at divorce, custody and support matters.
We are in court daily, working with the family court judges, their staff and clerks, the Friend of the Court office, the Bar Association and other attorneys working in this area. We pride ourselves on fighting hard for our clients while working well with everyone.
Our extensive experience and strong relationship with the courts and our peers leads many judges and attorneys to hire us to act as Mediators in other Family Law cases. Make no mistake; having a strong working relationship with the court can have a massive impact on your case. Unlike most attorneys, we have no fear of the court room and are in trial regularly against the best in the business. We see the judges every week and maintain strong ties with their staff.
Although every attorney can “handle” your case, Femminineo Attorneys cares about you and your family. We work extremely hard to keep this difficult process civil and to shelter your children from as much of the negative facets as possible.
Once your case is concluded, we will be there to help you with any post-judgment problems that may arise.
Everyone’s financial situation is different and we work with our clients to formulate a fee arrangement that works within your means.
We have handled every possible situation involving domestic law. We will do everything possible to wrap up your case in a timely manner, avoiding delays that cause unnecessary legal fees.
When your case cannot be easily solved, we will fight hard and use all of our resources to win. Unlike most attorneys, we have no fear of the court room and we regularly win cases against the best in the business at trial.
Unlike many attorneys who have a part-time typist and work 30 hours a week, we have an expert staff available all day long to assist you and provide immediate service. We are available to our clients 24 hours a day through our hot line at 586-854-3654.
At Femminineo Attorneys, your case will be handled by an experienced family law attorney. Each of our attorneys in our family law division has many years of experience in handling family law matters.
During traditional business hours, please call us at:
After hours and weekends, we are still available for you to speak to an attorney via our 24 Hour messaging center:
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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.