Divorce – (248) 588-3333 – Should I Choose Divorce, Legal Separation, or Annulment?
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Legal separation is not required as a prerequisite in the state of Michigan. You are able to get a divorce without getting separated. However there is a case called suit for separate maintenance, which is a legal separation recognized by the law and it is similar to a divorce. An individual could file for separate maintenance, and the handling of custody, support, division of assets etc would be the same as it would be during a divorce process. The only issue with this is when the process is over, you are not divorced, but still married.
There is a common misconception regarding an annulment and that has to do with time. People believe if married for a short amount of time, they qualify for an annulment. An annulment is not based on how long you are married for, it is based on fraud.
Michigan is a no-fault divorce state. You do not have to prove anything to get a divorce. If the marriage breaks down, there is no explanation needed. If you have questions about legal separation, annulments or divorce contact our office for further assistance!
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What is a legal separation/separate maintenance?
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 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 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 “Post-nuptial agreement
What are the grounds/requirements for getting a legal separation?
The grounds and requirements for a legal separation are the same as they are for divorce. To be specific, you may only get legally separated if the marital relationship has suffered an irreconcilable breakdown. You must also meet the same residency requirements as a divorce.
What is an 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 (i.e. was never valid) or is voidable (was later determined to be invalid) for some reason. Couples who receive an annulment must not continue to cohabitate.
Grounds for void marriage: Incest, Bigamy
Grounds for voidable marriage:Fraud,Duress, mental incapacity, to young to consent
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Click the link to schedule a free case evaluation: https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154
For more information visit our website: https://www.akivagoldman.com/
You can give us a call for a FREE phone consultation at (248) 588-3333
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