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Talk To A Legal Separation Attorney In Macomb County

Sometimes, a couple in a troubled marriage chooses legal separation instead of divorce. There are several reasons for this, including religious and/or personal beliefs, as a trial separation to determine whether to divorce or because of financial or insurance considerations.

If you think legal separation may be right for you but have questions, contact me at Lashier Law, PLLC. I offer a free consultation to discuss your case. With 14 years of family law experience in Michigan, I can provide the guidance you need to move forward. Let’s talk today about how I can help you and your family.

What Is Legal Separation In Michigan?

Also called “separate maintenance,” legal separation involves a couple splitting up emotionally and physically while still being legally married. As mentioned above, people choose this alternative to divorce for personal reasons that are often based on wanting to keep the family together (as much as possible), adhering to religious doctrines, or to maintain financial stability. Others choose legal separation as a trial run to see if they really want to get divorced.

How Do I Get Legally Separated In Michigan?

To begin the process of legally separating, one person must file a separate maintenance action with the circuit court in the county in which they reside. The other spouse must agree to the separation for it to move forward. Then they go through the process of:

  • Dividing property and debts
  • Establishing spousal support/alimony
  • Coming to an agreement on child custody and support

If the couple decides to divorce, they cannot change their legal separation agreement into a divorce decree; they must start the process over. Michigan does not have a requirement about being separated for a specific length of time before the couple can divorce, if they so choose.

There May Be Drawbacks To Legal Separation

There are a few potential downsides to getting a legal separation. You may encounter the following issues:

  • You are still legally married to your spouse in a legal separation. You can’t get remarried unless you actually divorce your spouse, which requires filing for divorce.
  • You may not receive the same tax breaks you enjoyed as a married couple.
  • In some cases, your insurance may no longer cover the spouse who is not the primary policyholder.
  • The cost of a legal separation can be comparable to a divorce, depending on how quickly you and your spouse can reach an agreement on all of the terms.

It is important to understand that there could be drawbacks such as these, so you will want to discuss these matters with your legal separation attorney. I have the experience to help you see whether any of these situations may come up in your case.

The Best Way To Get Started Is To Speak With An Experienced Macomb County Legal Separation Lawyer

Whether you are just seeking information for future consideration or you suspect that your spouse may be considering a separation, schedule a free consultation today to learn about your options and how to protect yourself if separation is unavoidable.

For a free consultation, please call my Clinton Township law office at 586-219-1984 or schedule an online consultation. My assistant and I will provide you with caring, knowledgeable representation during this challenging time.

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