You and your spouse have decided to get a divorce. But the act of separating your lives is very different than the intention to do so. Maybe he wants to leave, maybe you want him to leave, maybe even your kids want you two to live apart already, but there are circumstances that prevent an actual separation from occurring. Here’s how to cope when the marital apron strings just refuse to be cut.
You Don’t Have to Be Separated to File for Divorce
The first thing to know is this: If you’re getting a divorce in Michigan, you do not need to be legally separated or maintain separate residences in order for any paperwork to be filed or legal moves to be made. There’s no such thing as a legal separation in the state of Michigan; it’s not unheard of for many Michigan couples to live together until the final divorce papers are signed. It might not be all that fun, but it definitely happens. So if you’re waiting until one of you gets on more solid ground before you file, stop dragging out the torture – you can file now.
Dealing with the Dating Game
He has a girlfriend. And he’s flaunting it. And it’s making you sick. If there is one thing a divorce is guaranteed to do, it will cause mixed emotions. You may want to get divorced or even move on to a new relationship yourself. But seeing your soon-to-be ex finding happiness with another person – no matter how covert or open – while you’re still sharing a house can be heartbreaking and gut wrenching over and over again.
Perhaps adultery is at the root of your divorce, or maybe he’s found a new partner since you’ve decided to split up. Either way, Michigan is a no-fault divorce state – and that means cheating isn’t officially the cause of any divorce. However – and this is the really important part – your spouse’s adulterous ways (including cell phone usage) can impact child custody, parenting time, and even division of properly. It might not officially be anyone’s “fault” that the marriage is ending, but if you’re suffering with your spouse’s presence while he gallivants around doing with his new girlfriend, at least take comfort knowing that his adulterous and careless behavior can benefit you in your divorce settlement.
His Right to Stay in Your Marital Home
Some couples carry on living together and maintaining the charade of being a relatively content married couple for the sake of their family or reputation. Talk about exhaustion. Then there are situations where he can’t afford to leave and it becomes an actual logistical problem of getting your husband out of the house. If you own the home jointly, he’s well within his rights to stick around. But if you want your husband to go no matter whose name is on the deed, you’ll need a divorce attorney to help you file for temporary exclusive occupancy of your home. Divorce courts know that two people who do not want to live together being forced to do so is unhealthy for all parties involved.
If you want your husband to leave your home but he simply has nowhere else to go or can’t afford to move out, you need to talk to your divorce attorney. You don’t have to suffer through an uncomfortable and painful situation day in and day out. And if you’re living in the same home out of financial convenience, there are options available to make sure everyone has a roof over their heads but no one is in complete dire straits. An experienced Michigan divorce attorney can help. Contact Femminineo Attorneys in Mt. Clemens, MI, to schedule your no-cost initial interview today.