When does separation occur in Michigan?

[LotusFlower]

What is the name of your state (only U.S. law)? Michigan

My husband sleeps at his parents since I found out he cheated. All of his belongings except work clothes are still at the house. He insists on coming to our house every day to say good night to our daughter (1-2 hours at most). Neither of us has filed a legal separation form or any divorce papers yet. He is dating the person he cheated with and doesn't try to hide it. He said we were considered separated when he "moved out" to sleep at his parents. Did he really move out since he comes here every day and all of his belongings are still here?
Does separation happen at that time in Michigan?
Can he date even though no legal papers were filed?

Thank you--

 

[mistoffolees]

If he's sleeping at his parents', he moved out. Leaving belongings at the marital residence does not mean he lives there, nor does visiting his kids.

 

[TinkerBelleLuvr]

File for divorce. And "dating" while being married is consider adultery. But in your case, it does go quicker if you just file "unreconcilable differences." Oh, the clock doesn't start ticking until someone files for divorce.

 

[LotusFlower]

Thanks for the info, it's really helpful. Since he is moved out, can I pile his stuff up somewhere so I don't have to look at it, or will that be viewed by a court as antagonistic? He has recently started spending the night with her at her friend's house. His girlfriend's husband kicked her out of their house and she's now staying with a friend. I know of at least two times just this week that he's done that. Any advantage to me from a settlement perspective?

Michigan is a no fault state but I've read about equitable distribution of assets, etc. Included in this determination is fault (adultery). I have more money than him and he's threatening to take as much as he can get if I don't make an out of court agreement on his terms--without a mediator or an attorney.

So, what are the odds that his adultery before the separation and after---he's with her today--will materially affect distribution of assets, etc.?

Also, I have inheritance from my parents' estate. It all happened after we got married. I kept it all in my name until it was consolidated into one investment amount in April 2007. Then when I opened the new account I added his name to it, with an understanding these funds would be used for our daughter's education some day. The stock certs are in both of our names so I can not move anything out of the account.

I haven't commingled those funds with any other money, he hasn't used or contributed to the fund at all. He says he can get 1/2 just because his name is on it? Is that true and are there any extenuating circumstances that can affect that--in my favor?

Thanks so much for the advice. It's hard to find answers on the internet to such specific questions. Any info is deeply appreciated--by me and for the welfare of my little girl.

--LotusFlower

 

[Ohiogal]

His name being on it -- you just gifted him half your inheritance.

 

[mistoffolees]

His name being on it -- you just gifted him half your inheritance.

True. However, if the understanding (that the money would be used for the daughter's college education) is in writing, it may be enforceable and he might not be able to get the money. It is likely to get messy, though.

 

[Ohiogal]

True. However, if the understanding (that the money would be used for the daughter's college education) is in writing, it may be enforceable and he might not be able to get the money. It is likely to get messy, though.

Don't count on that. It being enforceable. There are college counts for college savings.