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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30169
Experience:  Attorney with experience in family law.
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Why would you file instead of divorce?

Customer Question

Why would you file for separation instead of divorce?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.


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.

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