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Separate Maintenance

What is separate maintenance?

Separate maintenance also known as legal separation is a legal process when a married couple may want to separate while still being legally married. A separate maintenance is granted through a court order, which can be in the form of a legally binding consent decree. The most common reasons why couples file for separate maintenance, is to make temporary financial arrangements, such as deciding who will pay bills, possession of property and whether alimony is appropriate, prior to a divorce. Read below where Experts have provided many legal answers pertaining separate maintenance questions.

When waiting for separate maintenance to be assigned by the judge, can someone go ahead and file for divorce or should they wait?

Normally separate maintenance is done as an alternative to divorce. It is not legally required to file a separate maintenance agreement prior to filing with divorce. The agreements are commonly used when both spouses wish to separate but want to still work out their differences. If they are unable to work out those differences, then the divorce may be filed. These agreements are included into the divorce settlement. They can file divorce at any time, but the terms of the agreement will be binding for six months.

When filing for a divorce will the date on the separate maintenance be used? Is the date on the divorce decree the same as the separate maintenance?

For legal reasons, the date on the separation in the agreement will be the official date of separation. If they have stated in the document the date of the separation, that date will also apply to the divorce. The final divorce decree will not issue until after they file for divorce. The time frame depends on many factors, including how crowded the court’s docket is, and how long it takes for them to reach a divorce settlement. In the separation agreement it can be included into the divorce settlement, assuming all are still in agreement. The date of the final divorce decree is dependent upon the court and when they can get the order entered.

Does the state of Florida have an action of separate maintenance?

The state of Florida does not have a law of action to separate maintenance. If certain things are required when a couple separates, such as bills being paid, there would need to be a separate agreement or suits for child support, and things like that.

In a separate maintenance agreement, if a spouse wants to award the other spouse with a house upon death, how do they go about doing this?

In most situations, the spouse that owns the house will need a will that states regardless of the separate maintenance agreement and any future divorce, they want to leave the property to their former spouse. Experts can provide legal answer to many questions regarding to the change in separate maintenance.

In the state of Michigan how can someone change separate maintenance to divorce?

What they need to do is file a complaint for divorce. A complaint for divorce can be filed in the circuit court when the allegation that there is no fixing the marriage. In the complaint the plaintiff will need to make no other explanations of the grounds for divorce then by the use of the statutory law. (Michigan Complied Laws- Section: 552.6)

In many cases children are involved in separate maintenance; a court order of legal separation will make temporary arrangements for the child care, custody, and financial support of the children. Part of the court order is a document in child custody. Some couples get a legal separation as an alternative to divorce, based on moral or religion objections to divorce. Many questions arise when dealing with a separate maintenance.
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