Michigan Non Traditional Relationship Laws

Non Traditional Relationship & Domestic Partnership Attorney!

Non Traditional Relationships

Non Traditional Relationships during the State of Michigan refers to the notion that other kinds of relationships besides marriage exist and must be dealt with during the day-to-day activities of the court. In the State of Michigan, the most common form of Non Traditional Relationship is that of cohabitation.

Cohabitation

Cohabitation is defined as "The fact or state of living together, as partners in life, usually with the suggestion of sexual relations." This definition is the primary condition on which common law marriages were built. Prior to 1957, common law marriages existed in the State of Michigan. They were abolished as of January 1st, 1957. At that time the state decreed that the only way to become married in the State of Michigan was to consent and receive a marriage license. The state still allows for common law marriages to be recognized in one of two ways; First, the common law marriage was effected in Michigan prior to January 1st, 1957, or second, that the parties legally entered into a common law marriage in another state which permits them.

Same Sex Marriage

Although Michigan adheres to the general notion that a marriage good in one state is a marriage good in Michigan, it cannot be said that Michigan will recognize all marriages. The definition of marriage has been codified (made into law) in section 25 of the Michigan State constitution and is defined as between a man and woman only. Therefore, same sex marriages are not allowed in the State of Michigan. Furthermore, a same sex marriage solemnized by another state will not be recognized in Michigan. Currently this means that homosexual couples cannot legally adopt children as marriage is a prerequisite for adoption by a couple. However, it has been suggested that one member of a same sex couple may adopt a child, even if both cannot do so.

Domestic Partnerships

When it comes to dividing and granting rights and employment benefits, Domestic Partnerships have served to make benefits for same sex couples more palatable to the public and legislators. However, in 2005, the Michigan Attorney General gave the opinion that Section 25 of the State Constitution prohibits state and local governmental entities from giving benefits to their employees for disbursement in domestic partnerships which resemble marriage.

Given the complex nature of the rulings and laws enacted by the state of Michigan, if you are going to challenge the current legal standing of Michigan Law, feel your rights are being violated, or want to commence an adoption proceeding as one member of a same sex couple, please contact one of our Trial Attorneys, to schedule your free initial consultation today!

Call us today at 1-517-886-1000, or e-mail us today!