A comparison of Divorce vs Separation at first seems simple. In a Divorce you end the marriage. In a Separation Agreement you remain married. There are three ways to separate in Michigan. So the comparison of Divorce vs. Separation is not so obvious.
A Private Separation Agreement is the first type of legal separation in Michigan. Simply put, two people decide to separate. There are no lawyers or court filings. However, if a party breaks the agreement it cannot be enforced in court.
A Separate Maintenance Agreement is the second type of legal separation in Michigan. Simply put, a lawsuit is filed in the same way you file for divorce. The result of the lawsuit is an enforceable agreement.
A Post Nuptial Agreement is the third type of legal separation in Michigan. Simply put, the parties file for divorce, sign an agreement and dismiss the divorce. The agreement remains confidential and is enforceable in court.
Each type of Legal Separation Agreement has its advantages and disadvantages. For example, you cannot remain on your spouses insurance in a Separate Maintenance Agreement. Whereas you can remain on your spouses insurance in a Post Nuptial Agreement.
The video provided above provides a detailed comparison of Separation vs Divorce. The advantages and disadvantages are examined in detail so you can make an informed decision on what is best for you.
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I have been exclusively practicing divorce and family law in Michigan for over two decades. The Oakland County Divorce attorneys at Findling Law practice statewide. We share the core value of practicing law to help people navigate change in their lives, without compromising principles. We specialize in high socio-economic, high-profile and high-conflict cases, while also working with clients of all backgrounds. We recognize that the most important aspect of the practice of law is the application of the law to your specific circumstances.That is why we provide more free information on divorce and family law than any other Michigan law firm. We want to help you manage your situation. Allow our exceptional legal team to help you navigate the change in your life, without compromising principles.
By: Daniel Findling