Does Michigan have a legal separation?
Does Michigan have a legal separation?
People often talk about “legal separation” as an alternative to divorce. In Michigan, this legal action is called “separate maintenance.” This is a court case between a married couple that can divide property and debt, decide child support, custody, and parenting time, and award spousal support.
Do you have to file for separation before divorce in Michigan?
You must also have lived in the county where you or your spouse file for at least 10 days prior to filing. You do not have to legally separate or live separately from your partner in order to file for divorce in Michigan. Michigan is a no-fault divorce state.
How do you get legally separated?
Here’s how to file for legal separation.
- Step 1: Confirm Your State’s Residency Requirements.
- Step 2: Move to File for Separation Petition.
- Step 3: Move to File Legal Separation Agreement.
- Step 4: Serve Your Spouse the Separation Agreement.
- Step 5: Settle Unresolved Issues.
- Step 6: Sign and Notarize the Agreement.
How much does it cost to file for separate maintenance in Michigan?
There is a $217 filing fee to file these papers. Once you have filed the papers, your next step is to serve your spouse with a copy of all of the documents you filed. It is up to you to make sure your spouse is served; the court does not serve the papers for you.
How long does a legal separation take in Michigan?
Michigan law requires a waiting period before the court can hear a request for separate maintenance. If you don’t have children, the waiting period is 30 days. For couples with children, the waiting period extends to 180 days.
How much does a legal separation cost?
The cost of legal separation is about $50,000 with average prices ranging from $1,000 to $100,000 in the US for 2020. Uncontested legal separation cases can settle for as low as $1,000, while highly contested separations involving matters like legal decision making and alimony can get up into the $100,000 range.
Is there a legal separation option in Michigan?
No. But, Michigan law offers a similar divorce alternative called separate maintenance. Separate maintenance is like legal separation in that the court (or couple) will resolve the same issues as divorce, but the couple remains married.
When to file for separate maintenance in Michigan?
Unlike some states which allow couples to “convert” the separation into a divorce, Michigan requires couples to start the divorce process from the beginning, regardless of how much time has passed since the separation. Neither method is free, nor is it quick, so make sure you a confident in your decision before you file for separate maintenance.
How to file for divorce in the state of Michigan?
If the judge does so, the clerk will mail you the courts authorization. Whether you receive the Final Decree and Judgment of Divorce in the mail or at the court hearing, you will have to file it with the clerk. This filing will complete your divorce in the state of Michigan.
What happens at the end of a legal separation?
At the end of your divorce, the court will terminate your marriage, and both spouses are considered single and free to remarry. Legal separation is like divorce in that the court helps couples resolve the same divorce-related issues, but in the end, you’re still legally married to each other, despite living separate lives.