Full question:
I have prepared a separation agreement between my wife and me. If we both sign the agreement before a notary public, is the agreement binding?
- Category: Divorce
- Subcategory: Legal Separation
- Date:
- State: Michigan
Answer:
In Michigan, there is no formal legal separation process. You do not need to be separated to file for divorce. While there is no specific law governing separation agreements, you can pursue a separate maintenance action, which is similar to a legal separation. This action allows you to obtain a Judgment of Separate Maintenance, meaning you are still married but have resolved certain issues like support or property division. However, you cannot remarry if you have a Judgment of Separate Maintenance. If you later decide to divorce, you will need to start a new case.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.