Legal Separation

Clients frequently contact our offices seeking assistance in obtaining a “Legal Separation”.

This is not a simple question because there is really no such terminology in the legal system in Michigan.  If a couple wishes to be separated by the law there are several proceedings that can be filed.  Generally people file for a Divorce.  During the time between when a divorce case is filed and later completed the Court may enter an order requiring the couple to live in separate places. This could be considered a legal separation.  At the conclusion of a Divorce the parties would be legally separated.

Another possible form of being legally separated is under a Statute that labels the outcome as “Separate Maintenance”.  Under this Statute a couple would have an outcome nearly identical to a Divorce except they would not be permitted to get remarried.  Their status would, however, be legally separated.

A third option in Michigan would be a legal proceeding providing for an Annulment of the marriage.  This proceeding would     be available to a couple only in certain unique circumstances that fit the legal requirements.  Some of these would be:  one of the parties is already married, one of the parties is underage, if one of the parties is mentally incompetent, when there is fraud or duress (an example would be lying about a pregnancy) and other specific situations.   It is generally easier to obtain a Divorce than an Annulment.  A successfully concluded Annulment case would also change the status of the parties to being legally separated.
For more thorough information and advice our attorneys can assist you.

Should you have questions about Legal Separation in a Divorce Case contact the law firm of Damon, Ver Merris, Boyko & Witte, PLC to speak to one of our Grand Rapids Divorce Attorneys.  We are here to help. – Curtis R. Witte / November 18, 2016

While this posting originates from a law office, none of the contents should, in any way, be considered legal advice. If you have not signed a retention letter describing the legal services to be provided and the amount to be paid for such services, you are not a client of this firm.