FAQ: Can I file for a Temporary Legal Separation in the State of Michigan?

The answer is technically no. In Michigan, you cannot temporarily legally separate and have a binding enforceable agreement unless drafted with the contemplation of divorce and under very specific terms. On the other hand, Michigan couples who do not want to divorce, but desire to live separate permanently with a court approved agreement, may file an action for separate maintenance.  In filing this type of action, you will obtain a legal enforceable agreement on issues of child support, child custody and division of property.

This process is best served for couples who see themselves permanently separated versus spouses who desire a temporary agreement to allow them time to contemplate whether they desire to preserve their marriage. Commonly, a spouse who files an action for Separate Maintenance desires to preserve health benefits on their spouse’s plan (if permitted by the employer) and/or for religious purposes.  You do not have to provide the court a specific basis for the request beyond stating there has been a breakdown of the marriage relationship to the extent the bonds of matrimony have been destroyed.  At the conclusion of a separate maintenance action, all property rights are divided between the spouses, along with an enforceable child support and custody in an established Judgment entered by the Court.

If you desire to hear more about options to end your marriage, let us navigate you through your various options. We understand reaching out to us is not easy, but we can provide you the guidance on whether a trial separation best serves your family and/or an action for divorce or separate maintenance.  We have the skills to help you transition through these uncertain times.

PLEASE NOTE: This blog is not intended to constitute legal advice.  We do not recommend making important decisions of the type addressed in this article without specific legal advice in advance.  We at Banfield Couling Law and Mediation are here to help navigate your legal matter at any stage of your divorce.