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MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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My husband and I have been separated for four years now and

Resolved Question:

My husband and I have been separated for four years now and do not plan on getting a divorce because he is needs my insurance (I am a retired state and have good insurance through the state of Michigan). We have absolutely no plans to reconcile and have had separate households/bills/income for the past four years. We have one 'dependent' 19 year old who is in college. Therein lies my question. She has been turned down for financial aid because we file taxes jointly and make 'too much money'. However, she is going to school on only my income and could really use financial aid/Pell grant/whatever! Can we get a legal separation/maintenance agreement from a online source (i.e., LawDepot) and will it be legal to get financial aid? Do we take it to the courts to make it legal, just get it notarized, or what?? Thank you. I really can't afford to go through a lawyer.
Submitted: 6 years ago via LawDepot.
Category: Legal
Expert:  MShore replied 6 years ago.
Thank you for the post, you can download a separation agreement from many on line sources including LawDepot or Legal Zoom. The effect of the separation agreement would reduce "on paper" financial resources available to the child, and only the custodial parent's income will be considered. You would have to take the separation agreement to the court and the court grant the legal separation in order for it to be legally recognized.
Customer: replied 6 years ago.

How do I take the separation agreement to the court? Can I do it, or does a lawyer have to? Which court? Do you know if there are forms to fill out besides or do I just 'drop it off'? I know this sounds dumb, but I have no clue. I assume we will need a hearing of some sort for the court to grant a legal separation so I need to know how to go about it. I really don't have money for a lawyer. Everybody I called said it would cost the same as a divorce, thus, I'm trying to do it myself.


Also, does the 19 year old have to be mentioned anywhere or does the legal paperwork pretty much cover the 'on paper' financial aspect?


Thank you!

Expert:  MShore replied 6 years ago.
It would be best to have an attorney draft the separation agreement, it would be filed in your local district court. You would have to sue your husband as part of the process with the resolution being a Judgement of Separate Maintenance. You would have to actually file a Complaint with court clerk, send a copy to your husband and the court would set a date for the hearing.The court clerk can guide you through the filing process.
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