Getting a divorce is not always the answer. In the State of Michigan, there are many alternatives to divorce. There are two other methods that are both very different. It is important to understand these differences so that you can make an informed decision about which path is right for you and your family. Some families have a religious objection to divorce. For this and other reasons, a couple might pursue separate maintenance (i.e. a legal separation) in lieu of a divorce. In Michigan getting a divorce is not always the only option.
These are extremely rare occurrences. The only difference between an action for separate maintenance and a divorce is that the parties will be prevented from remarrying. However, if one of the parties files for divorce, the family court will default to the divorce and toss out the action for separate maintenance. In this blog we will be going over the different options you can take if you don’t want a divorce.
Annulment
This is another option for those who do not want a divorce. An annulment invalidates a marriage based on the judge finding that the marriage was void from its inception or is voidable for some reason. Couples who receive an annulment must not continue to cohabitate. For more information on annulment contact our attorneys at Goldman and Associates.
What is a Void Marriage?
A marriage is void when the couple is too closely related (parent/child, aunt/uncle, siblings, nephews, etc.) or where one of the spouses is still in a previous marriage (aka Bigamy). A void marriage cannot continue to be valid and will be nullified even without a court order. A good rule of thumb for distinguishing a void marriage from a voidable one is that the spouses are categorically incapable (by law) of being validly married no matter how willing they are.
What is a Voidable Marriage?
A marriage is voidable if one of the parties is found to be sterile, was below the age of consent when married, or was otherwise unable to consent (i.e. mental issues, duress, or fraud). A marriage found to be voidable can still be continued by the spouses and is valid until a court order nullifies it. Voidable marriages are distinguishable from void ones because a voidable marriage could be validly married but for whatever factor or circumstances made it voidable. The reason marriages involving an underage spouse are voidable rather than simply void is because that underage spouse will likely come of age during the marriage, at which point he or she will be fully capable of consenting to remain.
What is Legal Separation?
Separate maintenance is the technical legal term for what is commonly referred to as a legal separation. It is another way for a couple to “end” their marriage without getting a divorce. It should be noted that a legal separation does not actually dissolve the marriage. This is the reason why people who are legally separated cannot remarry other people because they are still technically married at law. If you wish to truly dissolve your marriage you must get a divorce.
Much like a divorce you and your spouse can sign a “separation agreement” which enshrines your wishes for the terms of your separate maintenance that the judge is likely to adopt as the final order of the separation. Separate maintenance is also the name of the final document codifying the separation. However, it is not the only document you can use for a legal separation. You can also use something called a “Postnuptial agreement”.
Conclusion
A big takeaway from all of this is that it might not be a good idea to rush into a rash decision like permanently dissolving a marriage. Sometimes it is wiser to take preliminary steps to try to make sure there is nothing that can be done to fix it. Sometimes the swiftness of the decisions to sever the marriage is what makes it irreparable in the first place. Conversely, being open to trying to make it work or try to figure out what is wrong is an essential step to healing and getting stronger as a couple.
For more information on divorces in the State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about divorce in Michigan.
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