Can You Date While Legally Separated in Michigan?
When a marriage starts to come to an end, you might feel like your life has been put on hold.
You may be trying to adjust to a new routine and wondering what your future will look like.
At some point, you might even start thinking about dating again. During this transition period, many people ask: Can you date while legally separated in Michigan?
While the answer is yes, there are some important things to consider before jumping back into the dating world.
Does Michigan Have Legal Separation?
Michigan does not have a formal status called “legal separation.” For those couples who want to live separately while remaining married, they can file an action for separate maintenance under MCL 552.7.
Separate maintenance is similar to divorce. This process can address issues such as:
- Property division
- Child custody and parenting time
- Child support
- Spousal support
However, the main difference is that you remain legally married after the case is complete. Since you remain legally married during separate maintenance or while a divorce is pending, a new relationship may create complications involving finances, emotions, or child custody issues.
Is Dating Allowed During This Time?
Michigan law does not prohibit someone from dating while separated or while a divorce or separate maintenance case is pending. Keep in mind that dating during this time can be complicated.
Even though you may want to move forward emotionally, your spouse may not feel the same way.
Sometimes, a new relationship can create conflict, especially if the divorce is already difficult or there are disagreements about children, finances, or property.
Before you start a new relationship, you might want to consider how that decision could affect the overall process.
Could Dating Affect Your Divorce Case?
Michigan is a no-fault divorce state. That means you do not need to prove that your spouse caused the breakdown of the marriage.
The court only needs to know that the marriage relationship has broken down, and it cannot be preserved.
While dating someone new does not automatically prevent you from getting divorced, it can cause hurdles for your case.
However, parts of the new relationship may become relevant to the case. You might want to consider these questions:
- Are marital funds being used to support the new relationship?
- Has the relationship increased conflict between you and your spouse?
- Is your new partner involved in your children’s lives?
- Are there concerns about how the relationship affects parenting decisions?
Sometimes, introducing someone new to the situation can cause problems down the road.
What If You Have Children?
If children are involved, dating while separated requires some more consideration. Michigan courts make custody decisions based on the best interests of the child.
When you date someone new, that does not automatically impact custody. However, the circumstances surrounding that relationship could matter.
Parents may want to consider:
- How quickly a new partner is introduced to the children
- Whether the relationship creates tension or instability
- Whether the new partner plays a role in parenting decisions
Many families may want to take things slowly and allow children time to adjust to changes in their family structure. Introducing someone new could create stress in an already tumultuous situation.
Get Guidance Before Making Important Decisions
Can you date if you’re legally separated in Michigan? Yes, the law does not prohibit you from seeing someone new. However, you should consider the consequences of these actions, especially if you have children or are using marital assets.
Whether you stay single until the final decree or choose to move on with another person, separations and divorces are complicated.
At the Law Office of Melissa M. Pearce, we are here to provide you with support during this time. Reach out today to schedule a consultation.