Persons considering ending their marriage through the divorce process may also consider marriage counseling, legal separation (in states that recognize such a status), annulment (in limited circumstances), and living apart. Each of these alternatives may have financial and other consequences.
In Michigan, individuals contemplating the end of their marriage have several options to consider. Divorce is the legal dissolution of a marriage and is available when irreconcilable differences are present. Michigan is a no-fault divorce state, meaning that one does not need to prove fault or wrongdoing by the other spouse to obtain a divorce. Marriage counseling is often considered before proceeding with a divorce and can be a way to potentially reconcile or at least ensure that divorce is the right decision. Legal separation is another option, although Michigan does not formally recognize legal separation; instead, couples may seek a separate maintenance agreement, which is similar and addresses issues like property division, child custody, and support while the couple remains legally married. Annulment is a legal procedure that declares a marriage null and void as if it never existed, but it is only available under specific and limited circumstances, such as fraud, bigamy, or incapacity. Lastly, living apart without formal legal proceedings is also an option for couples, but it is important to note that this does not legally end the marriage and may have implications for property rights and other legal obligations. Each of these alternatives has different financial and legal consequences, and it is advisable to consult with an attorney to understand the implications fully.