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People often talk about \u201clegal separation\u201d as an alternative to divorce. In Michigan, this legal action is called \u201cseparate maintenance.\u201d This is a court case between a married couple that can divide property and debt, decide child support, custody, and parenting time, and award spousal support.
Virginia law allows a married person who is separated from their spouse to file a petition for \u201cseparate maintenance.\u201d Separate maintenance is distinct from spousal support, and may be an attractive option to individuals who require support from their spouse but who do not want or cannot yet file for a divorce.
You can file them in person, by mail, or online. The information on how to file the papers can be found by clicking here. There is a $259 filing fee to file these papers.
No. Michigan divides marital property using the theory of "equitable distribution". Community property states attempt to distribute property as close to a 50-50 split as possible. Equitable distribution states divide property based on a determination of what's fair under the circumstances of each case.
Does Michigan Offer Legal Separation? No. But, Michigan law offers a similar divorce alternative called separate maintenance. Separate maintenance is like legal separation in that the court (or couple) will resolve the same issues as divorce, but the couple remains married.
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Technically, legal separation is not recognized in Michigan. A couple may live separately and have their own agreements, but under the law they are still married and there are no legal limitations.
(1) An action for separate maintenance may be filed in the circuit court in the same manner and on the same grounds as an action for divorce. In the complaint the plaintiff shall make no other explanation of the grounds for separate maintenance than by use of the statutory language.
You can file them in person, by mail, or online. The information on how to file the papers can be found by clicking here. There is a $259 filing fee to file these papers.
Financial support given to one spouse when the couple is legally separated is called "separate maintenance." Although it is similar to alimony\u2014financial support given by one ex-spouse to the other after divorce\u2014it is not called "alimony" because the couple is still legally married.
You do not have to be separated or living apart from your spouse to file for divorce. To get a divorce in Michigan, only one spouse has to live in Michigan. However, if one of you has never lived in Michigan, the court may only have limited jurisdiction in your case.

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