Labre Law Office | Family Law & Criminal Defense Lawyer | Edwardsburg, MI

Legal Separation vs Divorce in Michigan: What’s the Difference?

July 1, 2024 – Rob LaBre

When a marriage begins to fail, couples in Michigan face a critical decision: should they pursue a legal separation or move forward with a divorce? This choice can have far-reaching implications, from financial matters to child custody arrangements. Understanding the nuances of legal separation vs divorce is essential for making an informed decision that aligns with your unique circumstances and goals.

In this blog, we’ll explore the key differences between the two, equipping you with the knowledge needed to determine the best path forward. Whether you’re seeking a temporary respite from the challenges of marriage or a clean break, this article will shed light on the legal, financial, and practical considerations to keep in mind.

At the LaBre Law Office, excellence is our standard.

Why Would You Get a Legal Separation Instead of a Divorce?

Choosing legal separation vs divorce can be a difficult decision, with a variety of factors at play. Some couples may choose separation as a trial period, allowing them to live apart while preserving the option to reconcile in the future. Others may have religious or personal beliefs that make divorce an undesirable option, yet still desire the legal protections and agreements that separation provides.

The Legal Difference of Separation vs. Divorce in Michigan

While legal separation and divorce share some important similarities as far as your day-to-day life is concerned, in the eyes of the law, they are vastly different. The key legal distinctions between them include:

  • Marital Status: A legal separation does not terminate the marriage, whereas a divorce legally ends the marriage.
  • Remarriage: After a divorce, both parties are free to remarry. In a legal separation, the couple remains legally married and cannot remarry.
  • Court Involvement: Obtaining a legal separation in Michigan involves a court process, similar to a divorce. However, the requirements and procedures are significantly different, so consulting with a Michigan family law attorney is advisable.

The legal process for a separation in Michigan involves filing a petition with the court, outlining the terms of the separation, such as custody, support, and property division. This petition is then reviewed and approved by a judge, effectively formalizing the separation agreement. In contrast, a divorce in Michigan requires the filing of a complaint for divorce, which initiates a more complex legal process that ultimately dissolves the marriage.

Understanding these legal distinctions is crucial when weighing the options of legal separation vs divorce. Consulting with an experienced Michigan family law attorney can help you understand and navigate the specific requirements and implications of each legal process.

Financial Considerations for Legal Separation vs. Divorce

Depending on the couple’s specific circumstances, one option may be more financially advantageous than the other. Consulting a Michigan family law attorney can help ensure you make an informed decision that prioritizes your long-term financial well-being.

Legal Separation

In a legal separation in Michigan, the court will divide the couple’s assets and liabilities, but the couple remains legally married. This means they will still have access to certain financial benefits, such as health insurance coverage, and all tax benefits available to married couples. They may also choose to retain a portion of their marital property under joint ownership. If one party believes they should receive alimony, the issue can be addressed during a legal separation, just like with divorce proceedings.

Divorce

A divorce in Michigan results in a complete financial separation between the spouses. The court will make a final determination on the equitable distribution of all marital property, including real estate, investments, and retirement accounts. Debts will also be divided, and the parties will no longer be responsible for each other’s financial obligations.

Future Considerations

Another key financial consideration is the potential for future changes. In a legal separation in Michigan, it’s possible for the couple to reconcile and resume their marriage. However, this would require going through a separate legal process to undo the separation agreement. Divorce, on the other hand, is a more definitive and permanent solution, making it more challenging to reverse the financial arrangements down the line.

Custody and Visitation Rights in a Legal Separation

During a legal separation in Michigan, the court will establish a custody and visitation arrangement for any children involved. This agreement outlines the parenting time schedule, decision-making authority, and child support obligations. However, these arrangements are not necessarily permanent, and the couple may need to revisit them if they eventually decide to divorce.

One advantage of a legal separation is the potential for more collaborative decision-making regarding the children, as the marriage is not yet dissolved. However, the potentially temporary nature of these custody and visitation agreements can also introduce uncertainty, highlighting the importance of consulting with a Michigan family law attorney to ensure your parental rights are protected.

If the couple ultimately decides to divorce after a period of legal separation, the court will then make a final determination on custody and visitation, which may differ from the arrangements made during the separation.

Is Legal Separation in Michigan Reversible?

A legal separation does not legally end the marriage, leaving open the possibility of reconciliation and resuming the relationship. In contrast, a divorce is a permanent dissolution of the marriage. 

If a couple decides to reconcile after a legal separation, they can petition the court to nullify or modify the separation agreement. This would effectively undo the legal separation and restore the marriage. However, the requirements and procedures for this process can vary depending on the terms of the agreement, so it’s important to consult with a Michigan family law attorney.

Looking for a Michigan Family Law Attorney? LaBre Law Office Can Help

If you’ve been searching “divorce lawyers near my location” in Michigan, look no further than the LaBre Law Office. With 43 years of combined experience, our attorneys have seen it all, and have helped countless people who once found themselves in your present situation. Contact us at (269) 431-2058 or complete our online form to schedule a consultation. Our experienced team will guide you through each step of the process. Excellence is our standard.

Copyright © 2024. LaBre Law Office. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

LaBre Law Office
68897 Cass St,
Edwardsburg, MI 49112
(269) 431-2058
https://labrelaw.com/

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