Filing for Legal Separation in Michigan

As a Pittsburgh-based legal professional, the issue of “how do I file for legal separation in Michigan?” has come up many times in my career. Today, we’ll cover the process of separating from your spouse in the state of Michigan, as well as how a compassionate and strong family law attorney can make this difficult transition just a little bit easier.

Though some people consider legal separation to be the same as a divorce, the truth is that a legal separation in Michigan is much different than a divorce. Legal separation allows you to remain ‘married’ for certain legal purposes, yet still maintains the integrity of your relationship and/or spousal status. Since the laws in Michigan dictate that a legal separation does not end a marriage, it’s just like getting a divorce with one very important difference: You are still married, even if you are separated from your spouse.

Why do some people choose legal separation over divorce? Since legal separation doesn’t end your marriage, it is mostly a matter of personal choice on how to handle the dissolution of your union. You may be considering legal separation if:

• Your faith does not recognize divorce as a possibility.
• You are not financially prepared to file for a divorce.
• You and your spouse want to remain married for legal purposes, yet do not wish to live in the marital home or together.
• You are unsure about the outcome of your situation, and wish to take some time before making the most difficult decision of your life.

The legal separation process in Michigan is nearly identical to the divorce process. There are restrictions, of course, as some of the basic divorce laws do not apply to separations, but most of the legal hoops are the same. When you do a legal separation in Michigan, you will still need to do the following:

• Determine what assets you have that are considered marital property.
• Handle the division of assets, debt, and bank accounts.
• Identify child custody issues.
• Establish child support and visitation arrangements.
• Handle property division and debt issues.
• Complete the required forms.

Michigan has a waiting period of at least 60 days before a legal separation can be finalized. During this time, both spouses live apart from each other, but are legally still married. In some cases, a marriage may require a reconciliation step after the separation that requires spouses to undergo family counseling before finalizing their legal separation.

Most states consider legal separation as the step between living together and divorce. In Michigan, however, there is no “official” separation. Though Michigan allows couples to legally divide their assets and obtain an official separation from each other, the state does not consider a legal separation as a divorce. Still, the legal separation approach is a common one for individuals who don’t want to dive into the divorce process yet, but still need to separate from their spouse.

To navigate the legal separation process in Michigan, you must go through similar steps that you would for filing a divorce. First, you’ll have to fill out a petition, which you can file in the local circuit court. After filing this petition, you’ll be required to wait for at least 60 days or longer (depending on the circumstances) before you and your spouse can enter into a final agreement.

A couple of key issues specific to Michigan:

• In Michigan, some family law rules differ from state-to-state. For example, the waiting period for legal separation (a minimum of 60 days) is longer than the waiting period for divorce (a minimum of 60 days). Michigan also considers legal separation as something separate from divorce in order to allow legal separation for assets and debts without finalizing the divorce.
• If you or your spouse owns a business, you should consult with a family law and business attorney to determine how your business will be affected by the divorce or separation process.

Family law attorneys are available to guide you through the separation process, as well as the divorce process once separation isn’t working out as you imagined. If you think you might want to dissolve your marriage in Michigan, consulting with a family law attorney is strongly advised. At Scott L. Levine, we recognize that no one enters into a legal separation or divorce case expecting it to be a pleasant experience for all involved. Our goal is to help our clients get through to the other side of the process with as little pain as possible and able to move on with their lives once the divorce is finalized.

A legal separation in Michigan can help you avoid extenuating circumstances such as abuse, child neglect, and/or financial strain. Family law professionals at Scott L. Levine work hard to create legal separation arrangements that are fair for everyone involved. We strongly recommend you contact our team directly to see how we can help. We offer free consultations for separation and divorce.