You can file for divorce without moving out of the family home first. But what does that mean about the process of divorce for couples who still live together? Let’s discuss.

Divorce for Couples Who Still Live Together: What to Know

Many people assume that someone has to leave the house if one spouse files for divorce in Michigan. However, that’s not true. Both spouses can stay home during the proceedings because MI courts don’t require physical separation before filing.

The state uses a no-fault system that requires one spouse to attest that the marriage has become irreparable. And where each spouse sleeps during this time has no bearing on either party’s right to file or request relief.

This matters because financial constraints, school schedules, housing market conditions, and other practical realities can shape how a divorce plays out. Some couples go through divorce while sharing the family home, often for months or even longer. That means knowing what’s legally permissible in MI is important to handling your affairs correctly.

Separation vs Waiting Period

While Michigan doesn’t require physical separation during divorce cases, it does require a waiting period before the divorce can be finalized. Divorcing couples can live in the same home but must indicate in their filing that they’re no longer living together as spouses. And no law says leaving the marital home means giving up your claim to it.

The waiting periods after filing for divorce are another matter. If there are no minor children involved, MI courts require a 60-day waiting period from the date of filing before the decree can be finalized. For couples divorcing with minor children, that waiting period extends to 180 days so spouses can address custody, parenting time, and child support arrangements or secure legal counsel.

What Happens to the Family Home in a Divorce?

The family home is almost always considered marital property in Michigan divorce courts, regardless of whose name is on the title or deed. In other words, your home could be subject to property division under Michigan law. And what that division looks like depends on multiple factors, including:

• What you and your spouse agree on
• What a judge decides is fair if you can’t agree

Most commonly, one spouse keeps the home, and the other spouse buys out. That means the house is sold, but the proceeds get divided. Your divorce lawyer will help you understand how each option could affect your family and future. Book a consultation with Richards Family Law today.

Michigan courts allow equitable distribution, but judges consider the length of the marriage, each spouse’s financial contributions, and each spouse’s earning potential when making decisions. Learn more by consulting legal counsel.

How Temporary Orders Can Help

In some cases, living together while going through a divorce can spark new conflicts that may complicate the proceedings. If living together becomes untenable, there are legal tools you can use to find relief. One party can ask the court to enter temporary orders granting them temporary possession and use of the family home.

In those cases, the orders are not permanent and may be modified or expire once the court enters its final decision. However, temporary orders can help address pressing financial matters, such as who pays the mortgage and household expenses, while the case is pending.

Formalize these things early to prevent disputes later on. Understanding your rights and options under Michigan law is important for a streamlined process. Schedule a meeting with our legal team for more information.