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Why would you file instead of divorce?

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Why would you file for...
Why would you file for separation instead of divorce?
Submitted: 2 years ago.Category: Family Law
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1/25/2016
Family Lawyer: Lucy, Esq., Lawyer replied 2 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
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Hi,

I'm Lucy, and I'd be happy to answer your questions today.

One of the main reasons that someone would file for legal separation (called an Action for Separate Maintenance in Michigan) instead of divorce is that they do not believe in divorce for religious reasons, or if they want to be able to continue receiving health benefits on a spouse's plan (but many employers allow for a divorce spouse to stay on health insurance, so that might be worth exploring further). A decree of separate maintenance is fundamentally the same to a divorce in virtually all ways, except you cannot remarry (and must get a divorce if one of the spouses wants to do that). If you're not particularly religious, have access to health care, and think you may want to remarry some day, a divorce may be preferable.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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