Full question:
What are the ramifications of legally separating but remaining in the same house? Frankly my spouse has made it clear he is no longer interest in a carnal relationship. He does not want me to step outside the marriage but he will not agree to separate physically, for the sake of the kids? If I leave he says I cannot take the kids. I would be happy to remain in the same residence if I am able to pursue my needs on my own time. I don't believe I have to have a dishonest 'affair'. We were hit by the recession hard. Separate residences not much of an option. HELP! Would like to continue to combine financial asserts, child rearing etc. We have been married 10 yrs. Trued everything to heal our irreconcilable differences, extra...
- Category: Divorce
- Subcategory: Legal Separation
- Date:
- State: Michigan
Answer:
In Michigan, there is no formal legal separation process. However, you can pursue a legal action called Separate Maintenance, which is similar to divorce but keeps you married. This means you cannot remarry, but you can resolve issues like child custody, financial obligations, and living arrangements.
The grounds for Separate Maintenance are a breakdown of the marriage to the point where it cannot be preserved. There is no residency requirement for this action (Michigan Compiled Laws Annotated; Section 552.7). A separation agreement can help outline your arrangements regarding children, finances, and other matters.
It's advisable to consult with a family law attorney to understand your options and rights in your specific situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.