How to File for Legal Separation in Oakland County
Not every couple is ready to move forward with a divorce. For some, there may be religious beliefs that make divorce difficult. Other couples may hope for reconciliation but need time apart.
In some situations, spouses want to address financial or parenting issues without permanently ending the marriage.
If that sounds familiar, legal separation may be an option you might want to explore. For those who are considering this option in Oakland County, here’s what you should know about how to file for legal separation.
What Is Separate Maintenance?
Separate maintenance is Michigan’s version of legal separation. Spouses can ask the court to issue orders about:
- Property division
- Child custody
- Parenting time
- Child support
- Spousal support
- Financial responsibilities
What is the difference between this and a divorce? The marriage remains legally intact.
For some couples, this arrangement gives them some stability while they make decisions about their future. However, for others, this gives them a long-term solution that avoids divorce.
Why Choose Legal Separation?
Every family situation is different. However, there are several reasons people choose separate maintenance instead of divorce.
Some spouses want to preserve health insurance coverage that could be lost in a divorce. There are others who have religious or personal beliefs that make divorce undesirable. In some cases, couples need space.
After years of conflict or a major life event, living separately can provide time to evaluate the relationship without immediately ending the marriage.
Parents may also want to have formal custody and support arrangements in place while maintaining certain marital benefits.
Who Can File in Oakland County?
Before filing for separate maintenance, the residency requirements need to be met. One spouse must have lived in Michigan for at least 180 days before filing. Along with that, one spouse must have lived in Oakland County for at least 10 days before filing the action.
If these requirements are satisfied, the case can be filed with the Oakland County Circuit Court.
How Do You Start the Process?
When one spouse files a Complaint for Separate Maintenance with the court, that starts the process. The complaint will outline the basic facts of the marriage. It also identifies the issues that need to be resolved, such as:
- Custody
- Support
- Property division
- Spousal support
Once filed, the other spouse must be served with the paperwork and allowed an opportunity to respond. From there, the case proceeds similarly to a divorce action.
What Issues Can the Court Decide?
A separate maintenance case addresses most of the same concerns that arise in divorce cases. For example, if the spouses have children, the court can establish:
- Custody arrangements
- Parenting time schedules
- Child support obligations
The court can also address financial issues like:
- Division of marital property
- Responsibility for debts
- Spousal support
- Temporary financial arrangements during the proceedings
These issues can be formally resolved during what is often a difficult and uncertain time.
What Happens if One Spouse Wants a Divorce?
With separate maintenance, both parties must remain married. If the spouse who is served with a separate maintenance complaint files a counterclaim seeking divorce, the court will proceed as a divorce action instead.
One spouse cannot force the other to remain legally married through a separate maintenance case, especially if the other spouse seeks a divorce.
For this reason, you will want to discuss your goals and expectations with an Oakland County divorce lawyer before deciding which legal path makes the most sense for your situation.
Why You May Want Legal Help
When people hear the phrase “legal separation,” they think it is the easier version of divorce. In reality, separate maintenance cases can involve many of the same complication issues.
Remember that decisions made during the process may affect your family and finances for years to come.
An experienced Oakland County family law attorney can help you understand your options, explain how separate maintenance differs from divorce, and guide you toward a solution that fits your goals.
Separation Maintenance Is Another Option
Now that you know how to file for legal separation in Oakland County, you can make decisions about your future and your family. Whether you’re hoping to preserve the marriage, create temporary stability, or explore alternatives to divorce, getting reliable legal guidance can help you with these options.
At the Law Office of Melissa M. Pearce, we are ready to help in this next stage of your life. Reach out to schedule a consultation today.