Family law can be seen as one of the most intricately detailed and difficult branches of law. The dissolution of a marriage, even if the couple has no children, can still be a tumultuous journey. If you’re in the state of Michigan and you’re thinking about getting a divorce, then it’s in your best interest to work with the family law team at Kecskes, Gadd & Parker, PC. We strive to assist our clients in determining a fair valuation of marital assets, custody and parenting time that is in the best interest of the children, and appropriate spousal and child support. Let’s take a look at the intricacies of family law, from legal separation to divorce.
Legal Separation: Often Seen as a Less Complicated Alternative to Divorce
Both divorce and legal separation require a filing with a court. Legal separation means you and your spouse will live apart from each other but you are still legally married. Legal separation involves many of the same issues as divorce, such as division of property, support, visitation and child custody.
Many married couples choose to get legally separated instead of outright divorced for a handful of reasons from opposing divorce on religious grounds to maintaining tax or government benefits. Some couples choose legal separation because they believe there’s a chance for reconciliation in the future.
Since legally separated couples are not divorced, they cannot remarry. If the couple does reconcile, then the process will be much simpler since they were never “technically” divorced. If a couple attempts a legal separation but later chooses to get divorced, a new action for divorce would need to be initiated and the process would start over, although many issues may have already been resolved in the legal separation process.
No-Fault Divorce in Michigan: What This Means for Your Marriage
Divorce, unlike legal separation, puts an end to the marriage legally. Couples choose to get divorced for many reasons, but in the end, they must admit to the court, and the court must accept, that there has been a breakdown in the marriage and that there does not appear to be any likelihood that the marriage can be saved. In some states, proving that a spouse did something wrong is required in order to file for a divorce. Michigan, however, is a no-fault divorce state which means you don’t need to worry about proving why you want to get divorced. The judge may factor issues such as adultery or abuse into deciding alimony or the division of property, however, most support issues are determined by a mathematical formula. In order to file for divorce in Michigan, you (or your spouse) must have lived in the state for at least six months.
Let KGP Law Help to Navigate Your Legal Separation or Divorce
Unlike legal separation, divorce makes the couple single again, meaning they can get married to other individuals later on. No matter your current predicament, it’s always in your best interest to work with an experienced legal team for your divorce or legal separation case to go as smoothly as possible. Contact Kecskes, Gadd & Parker, PC today to schedule a consultation.