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When a couple wishes to get a divorce in Birmingham, Michigan, there are several ways they can do it. The type of divorce they choose will typically depend on the length of the marriage and if they want to completely cut ties from each other, or only change some aspects of the marriage. In Birmingham, couples can either get an annulment, separate maintenance, or a divorce. No matter which type a couple chooses, they should always consult a divorce lawyer near Birmingham for help.
An annulment strikes down the marriage and makes it as if it never happened. This is the rarest type of divorce sought in Birmingham. Typically, a court will only grant an annulment if the marriage lasted for a very short time. They will also only grant an annulment if it is as if the marriage never truly existed, such as if a married couple never lived together.
Separate maintenance does not mean what many people think it does. When many people hear this term, they think of a separation that occurs before a couple ever gets divorced. However, that is not what this term means in Michigan. Instead, it is a lawsuit that asks the court to continue to recognize that the couple is legally married, but still divide up marital property. If the couple has children together, the courts will also make decisions on terms such as child support and child custody.
Truthfully, most couples do not want to remain legally married, but be legally separated. For this reason, separate maintenance cases are somewhat rare in Birmingham. Still, sometimes separate maintenance is the most desirable option. The most common reasons for these types of divorces are for religious purposes or because one of the spouses wishes to remain on the other’s insurance.
Divorce is a lawsuit that is filed by one spouse, asking the courts to end his or her marriage. Divorce in Michigan is no-fault, meaning there do not have to be actual grounds for divorce. Instead, one spouse only needs to show there are irreconcilable differences, and there is little chance of reconciliation.
Unlike what many people think, there is no requirement or possibility of filing for a legal separation. The only type of separation possible in Birmingham is separate maintenance, which will not provide an official divorce for the couple.
If you are thinking about divorce, it is important you realize the several options you have for leaving your spouse. At Iafrate & Salassa, P.C., we will explain the many options available, and help you determine which one is best for your situation. Our Birmingham divorce lawyers will also work to get your divorce finalized as easily and as quickly as possible, while always fighting for your best interests and getting you the best terms possible. If you are considering a divorce, or are already in the process of one, call us today or fill out our online form for your free consultation.