Divorce Law - Separation Agreement

Serving Detroit, Ann Arbor and all of Michigan

There are three types of legal separation agreements available in Michigan for married couples. These are:

• Annulment
• Separate Maintenance
• Divorce

* Annulment is a legal action to render a marriage invalid, as though it never existed. Annulments are rarely granted, as the parties to an annulment must show the court that no true marital bond was formed, and that the marriage never truly existed.

* Separate maintenance, commonly referred to as legal separation, is a court action in which a couple remains legally married, but asks the court to treat the parties as discrete, separate households, each responsible for his or her own debts, entitlements, and obligations.

See our Legal Separation page, and Frequently Asked Questions about Legal Separation for more information about Separate Maintenance.

* Divorce is the most common type of legal separation available for married couples. In a divorce, the couple severs their households and the marriage contract, leaving each party to maintain his or her own household, and able to legally remarry.

Divorce consists of the following elements:

Order of Divorce
This is the court order that officially dissolves the marriage contract. Michigan is what is referred to as a no-fault state, meaning that the only requirement for the divorce action itself is that at least one party to the marriage attest that the marriage is irreparable. There is no need for parties in a divorce to elaborate on the reasons for the dissolution of the marriage, and no requirement to show which party is responsible for the breakdown of the marriage.

Division of Property
When a divorce is granted and the two parties establish separate households, it is necessary to divide up common property between the two parties. This includes bank accounts, real property, and any other assets of the marriage. See the following pages for more detailed information on the property division aspect of divorce:

• Property Division
• Property Division Frequently Asked Questions

Child Custody, Visitation, and Support
In marriages with children, the divorce process must establish where those children will live, how they will be cared for, and who will be responsible for decisions regarding the children. See the following pages for more information on the legal issues surrounding children, parenting time, and divorce:

• Custody and Visitation
• Frequently Asked Custody and Visitation Questions
• Child support
• Frequently Asked Questions about Child Support

Spousal Maintenance
Depending on the specifics of the marriage and the divorce, in many cases, one party may be responsible for making maintenance payments to his or her former spouse, either as a lump sum, for a limited period of time, or as a permanent order. For more information on spousal maintenance (frequently referred to as alimony), see the following pages:

• Alimony Maintenance
• Frequently Asked Questions about Alimony / Maintenance

For more information about the divorce process in general, see the following pages:

• Frequently asked questions about divorce law
• The divorce process

If you need help

If you need competent representation, or if you just have questions about your divorce, call us today to schedule your confidential, personal separation agreement consultation, so you can get started on your brand new life.

For your free initial consultation with the experienced divorce lawyers at Robert G. Morrison & Associates, P.L.L.C., click here or call our offices today.

See our other pages for other divorce-related topics:

• The Divorce Process
• Property Division
• Alimony and Maintenance