Can A Separation Agreement Be Revoked?

legal separation adviceQuestion:

I am looking for legal separation advice.

If we are still married, can a separation agreement be put in place that would outline all issues (property division, parenting time, etc.) that cannot be revoked by future divorce proceedings?

Answer:

In Michigan (where I practice), parties can take advantage of a Judgment of Separate Maintenance being entered by the court, in lieu of a divorce order.

The effect is the same as a divorce in that property, assets, and liabilities are divided, and custody, parenting time, and support are determined. The difference, however, is that the parties still remain legally married after the court grants the judgment.

This alternative to traditional divorce is often used for religious reasons, and the judgment is good for 10 years.

You would need to consult an attorney in your state to determine if there is a similar option in your state.

Please note that I am not able to give you legal advice without having thoroughly reviewed your case, and therefore you should not rely on this information as an establishment of an attorney-client relationship.

If you need detailed information or advice, or wish to take specific action in this matter, you need to contact an attorney immediately for assistance. Cordell & Cordell does represent clients and nationwide.

To schedule an appointment with a Cordell & Cordell attorney, including Tamara Hoffstatter, an attorney in the Troy, Michigan, office of Cordell & Cordell, please contact Cordell & Cordell.

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