Legal Separation vs Divorce: What is the difference?

Separating from your partner is one of the most emotional and logistically difficult times anyone can face. All stages of the process involving separation can be harrowing, especially with the sheer number of choices that can be made in terms of how to separate, and the life you want to live afterwards.

Divorce is not the only option to legally separate from your partner. For. You might have heard about legal separation. However, in the state of Michigan, legal separation is not an option. Instead, Michigan Courts allow for separate maintenance.  Separate maintenance and divorce, despite both being legal actions towards separation, have distinct differences in how they impact your future.

What is Divorce?

Divorce is the legal dissolution of a marriage. The state of Michigan is a no-fault divorce state, which means that there does not need to be proof of any wrongdoing by either party to file. Divorce addresses all issues of legal separation, such as assets, liabilities, and parenting time if children are involved. Divorce can either be filed under mutual agreement or with one party filing without the other’s knowledge. With the marriage being legally dissolved, both parties can remarry after the proceedings are completed.

While there is a standardized process for filing for divorce in Michigan, there is no such thing as a standard case. It is highly recommended that you receive assistance from an experienced family law attorney if you are considering filing for a divorce. At Wilson Kester, we combine legal knowledge with a deep commitment to empowering our clients with the education, tools, and legal representation necessary for success.

What is Separate Maintenance?

In Michigan, separate maintenance consists of a court-ordered separation while remaining legally married. This form of separation can address similar issues to divorce, such as property division, custody, and potential support. Separate maintenance may even be filed in court on the same grounds as an action for divorce (MCL 552.7). Separate maintenance also requires mutual agreement from both parties. If one party files for separate maintenance, the other could respond with a counterclaim for divorce.

The process for separate maintenance is similar to divorce. Consulting an attorney for separate maintenance in Michigan is highly recommended. At Wilson Kester, our team provides legal representation and guidance to make sure our clients reach their goals both in and out of the courtroom.

Key Differences between Divorce and Separate Maintenance in Michigan

There are several key differences between divorce and separate maintenance in the State of Michigan. For instance:

• Marital Status
  • Divorce legally ends the marriage
  • Separate maintenance does not legally end the marriage
• Remarriage
  • Divorce allows separated spouses to remarry
  • Separate maintenance does not allow for separate spouses to remarry
• Health Insurance
  • Divorce typically ends shared health insurance benefits
  • Separate maintenance can allow for shared health insurance benefits, depending on the insurance provider
• Social Security and Military Benefits
  • Divorce may affect benefits depending on the outcome of the case
  • Separate maintenance often preserves benefits
• Filing requirements
  • Divorce can be filed with or without mutual agreement from both parties.
  • Separate Maintenance requires mutual agreement to file a complaint

What to do if you are considering separation in Michigan

To start the separate maintenance process, it is highly recommended to reach out to an experienced family law firm. Without strong legal representation, critical details can be neglected that could severely impact your case and future. At Wilson Kester, our experienced Michigan divorce attorneys guide clients through every stage of the process. From consulting on what form of legal support best suits the case, to the final judgement, we work diligently to make sure our clients reach their goals with the utmost excellence.

Ready to take the next step toward ensuring a brighter future? Call today to schedule your consultation to help you learn your rights and discuss your goals. You deserve Michigan’s best family attorneys on your side.