Separation and Separate Maintenance

While Michigan law does not recognize a legal separation, the courts will approve a separate maintenance action. There are some very specific instances where a couple may prefer separate maintenance over a divorce. As a Genesee County separation attorney, Attorney Kathleen Buckley-O’Neill has helped many clients deal with these issues. Some of the most common reasons have to do with the health of one spouse, immigration concerns and religious concerns, as noted below.

  • Health of a spouse – While insurance companies are now offering more flexible options, in some cases, spouses lose health care coverage when they are divorced. If one spouse has ongoing medical care needs and cannot get insurance, a separate maintenance actions may be more appropriate than divorce.
  • Immigration concerns – When one partner is an immigrant, their ability to remain in the United States may be dependent upon their being married. In these cases, divorce is generally not an option.
  • Religious concerns – Often one partner has concerns about being removed from their church if they file for divorce. Excommunication could mean the partner would no longer be part of their church community and this makes them unwilling to file for divorce.

Kathleen Buckley-O’Neill P.C. can help

If you and your spouse are considering being separated rather then divorced, you need an attorney who understands the process. Also, you and your spouse must deal with property division and, if there are children, custody and support orders. These proceedings require specific documents for the courts. The process is very similar to a divorce except at the end of the process, you are still legally married but not living with your spouse.

Whether you and your spouse are considering a temporary separation or you are considering staying married but living apart, you will need the assistance of an attorney to help you through the process. Attorney Kathleen Buckley-O’Neill understands how difficult this situation can be and will work with you to make it as easy as possible. We will ensure an equitable division of property, set up child visitation and support as needed and take care of the other legal issues involved in separate maintenance. As a practicing Michigan attorney, we have the skill and experience you need to help you through this difficult time.