How Does Separation Affect Property and Custody Rights?

When you separate from your spouse, you must determine if this is a trial separation or where there is no chance of reconciliation. During a trial separation, both parties are still considered married. As you work through your differences, you and your spouse determine property rights and custodial arrangements. Any debt or assets accrued during a trial separation are still considered marital property, so it's important to know if you are truly interested in getting back together.

Intent to End the Marriage

In some states, it is required that the married couple live separately for a period of time before a divorce can be filed. If you live in a community property state, you must express your intent to end the marriage so that any property or debt you accrue while living apart is yours. In an equitable distribution state, any debt or property you build up while living apart is considered separate property.

Your Custody Rights During Separation

As the parent of your children, you have the right to share legal and shared physical custody of your children. It is up to you and your spouse to work out a custodial arrangement that works best for you, your spouse, and the children involved. Without protective concerns, each parent is entitled to quality parenting time. If you and your spouse can't agree on an arrangement, you may need to work with an attorney who can help you agree. You can make medical, educational, and other important decisions for your child during separation. You must work with your ex to make these decisions together.

If you're looking for qualified divorce lawyers to provide you with the legal representation you need for your case, contact the Gerkin & Decker Genesee team today! 

Things to Consider Before Moving Out in a Divorce

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Top 3 Mistakes Men Make in Divorce

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Rights for Fathers Seeking Full Custody

Generally, a father has the same right to full custody of a child as the child’s mother. Men technically don’t face greater challenges when trying to achieve full custody. However, the man has historically been the...

Can a Signed Settlement Agreement Not Be Enforced?

A signed settlement agreement is a powerful document requiring the demonstration of an extreme condition to render it null and void. If a party wishes to withdraw from the settlement, they must prove fraud, duress, coercion, or unconscionability....

How to Request a Change to Your Custody Agreement

If your current custody agreement isn't working for you, you may be wondering about making changes to the custody agreement. However, unless you and your ex-spouse agree to the changes and both agree to modify the agreement, you must go through...

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How Does a Prenuptial Agreement Affect a Divorce?

Over the years, a fair amount of negativity has been associated with prenuptial agreements. When family members learn that their loved one has been asked to sign an agreement before marriage, they often see that as a red flag and quickly turn...

3 Tips for a More Amicable Divorce

Divorce is often contentious, but it doesn’t always have to be. At Gerkin & Decker, PC., We specialize in working with men during the divorce process, and we have extensive experience handling all aspects of divorce, including alimony,...

What Rights Do Non-Custodial Parents Have?

Divorce is always difficult. When a divorce involves children, it hurts not only the children but also has a significant emotional impact on the parents. When children are involved, courts make custody decisions based on various factors. Judges...

How Can I Appeal a Custody Decision?

Child custody cases are tough on families. There’s so much at stake, and when one party doesn’t agree with the court's decision, they often wonder if they have any options. Michigan law allows chief circuit court judges to appoint a domestic...
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