Legal Question in Family Law in Michigan
Separation Agreement
Three years ago my husband and I requested a Judgment of Separate Maintenance rather than a divorce with ''the parties having also reached an agreement on all subjects''. This agreement divided all property. It had a Duration Clause stating, ''by stipulation of the parties, it is stipulated that neither party will petition the court until my husband reaches the age of 65 for a Judgment of Divorce. The parties can, by mutual consent in a writing signed by both parties, modify this requirement''.
Now three years later my husband has filed for divorce stating that under Michigan No Fault this is legal.
I was not told by my former attorney that my husband would be able to do this and when I tried to call the attorney he would not answer my call.
Is this not a ''breach of contract?''
This is a signed First Amended Judgment of Separation. The judge would not sign until my husband signed.
What can be done? I cannot afford to hire another attorney and my husband's new (native american) attorney is working for him with no charge because of my husband's tribal affiliation.
Thank you.
1 Answer from Attorneys
Re: Separation Agreement
The written agreement not to divorce is unenforceable. You should hire an attorney if there are other property issues to resolve. You will NOT be able to prevent the granting of a divorce, you may be able to effect what further property divisions or spousal support issues remain unresolved.
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