An action for Separate Maintenance is a family law legal action available in the State of Michigan. This action allows a married person to potentially obtain spousal maintenance, child support, an order for division of marital assets and resolution of parental custody and access time, but still remain married. Who would want to do this? For example, some people have religious reasons. Note that once the other spouse counterclaims for a divorce, the action for separate maintenance becomes converted to a divorce action. Here are a few ways that it is similar to but different from a divorce.
- The couple remains Legally Married and may retain many of the rights and benefits of being married such as testamentary inheritance rights.
- The couple has a chance to have a court deside the terms of their legal separation in the event that they are unable to negotiate a legal separation agreement themselves and or with counsel.
- The couple does not have to tell their children, friends and family that they have gotten a divorce.
- The couple may not be ready to get a divorce but are on the road to it, and this process provides legally enforceable arrangements as to spousal support, child support and division of assets, ect.
If you are interested in exploring the benefits and drawback of an action for ‘Separate Matinenance’ in the Courts of Michigan or need to defend such an action, Contact Diana Mohyi Attorney at Law for reliable counsel on the Matter.