What if we agree on the terms of separation?
If you already agree on the terms of separation and you want to make sure that these terms will be what your life will look like after the separate maintenance decree, you can provide the judge with a written agreement.
Keep in mind that the written agreement will still be checked by the judge if it is equitable and fair for both spouses and if all of the rights of the spouses, as well as the children, are protected. The court is trying to make sure that parties are not bullied into signing an agreement.
What should be included in the terms of separation?
The terms of separation should include your custody arrangements especially if you have children in the marriage. The custody arrangement must be in the child’s best interest and the judge should approve the arrangement and finalize your case. If there are unresolved issues that you have to settle, the court would have to decide for you.
It is important that the process for separate maintenance is followed and goes through the complete process that is reviewed by the judge.
What if we decide, in the middle of the separate maintenance proceedings, that we want a divorce after all?
There are instances wherein the middle of the separate maintenance proceedings the parties decide to get a divorce because of the many unresolved issues that come out of the proceedings. Keep in mind that there is no way that you can legally convert your separate maintenance proceeding into a divorce proceeding.
At the beginning of the separate maintenance process, you have been given by the judge an opportunity to fully decide by letting the other party know of the process that is happening. You are given notice where you can either accept the filing for separate maintenance or start the process of a divorce. If you decide to accept that there is only separate maintenance that could happen between you and your spouse you are throwing away the possibility of divorce concerning the proceeding.
If you decide to get divorced later on you need to restart the whole process. There is no such thing as the conversion of a legal process in the State of Michigan. Keep in mind that this process is not free and even your engagement with your lawyer will not cover any legal conversion of the proceeding so unless you are sure of your choice you should stick to it.
Can we just do a trial separation?
If you are not yet sure of how you want to proceed with the separation you can try a trial separation. A trial separation allows the couple to look at what their life wouldn’t like at the time of a separation or divorce. It will give you a chance to reevaluate your priorities and see to it that you know where you stand in terms of whether or not you would separate from your spouse.
What do we get at the end of the separation proceedings?
At the end of the separation proceedings, the parties would have to cite a separation agreement. A separation agreement is a written contract that contains all of the relevant information relating to the divorce or the separate maintenance of the parties.
There are some instances where the parties have already drafted their separation agreement before going through the touch and it could only be approved by the court or not.
There are also other instances where the parties would need a judge to start with the process of their separation agreement. As long as the judge approves the separation agreement, that should be okay.
What happens after the approval of the separation agreement?
After the approval of the separation agreement, you need to know that you are already separated in the eyes of the law. Again you are separated but still married with your spouse and therefore you should follow all of the rules set by the separation agreement.
Let Haque Legal Help You With Your Separation or Divorce
Now that you know some facts about dealing with divorce, it is time to get down to it. If you require a lawyer who can assist you with ensuring that you protect your rights to your property, it is important to know that you also have a team that can help you out with your specific needs.
Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you need a lawyer to help you during your divorce proceedings as well as your separate maintenance proceedings, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.