Does Michigan law allow the reopening of a divorce settlement made and executed in good faith almost 10 years ago?

Asked over 1 year ago - Moline, IL

My wife and I were divorced on 7/15/2003 in Michigan. We used the Consent Divorce procedures since we had no significant disagreements and just wanted to move on with our lives. At the time we both agreed to split our total assets down the middle (50% each) since we felt we contributed roughly equally to their acquisition. In January of 2013 she contacted me stating that she is now unhappy with the settlement and thinks she should have got more! Does Michigan Law allow that she can reopen this case after so much time has passed? We had 2 adult children who were not involved in the settlement.

Attorney answers (4)

  1. Howard M Lewis

    Pro

    Contributor Level 20

    Answered . Most likely not, there will need to be a materail change in circumstances for her to file a modification type action further your divorce agreement may provide that neither of you can alter portions of it, the only variable would be if she alleged fraud. take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . I do not think she has any hope of reopening the case.

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO... more
  3. Judy A. Goldstein

    Contributor Level 20

    1

    Lawyer agrees

    Answered . This is actually best answered by a Michigan attorney, but it is EXTREMELY unlikely a 10 year old divorce judgement can be reopened or modified regarding property only.

  4. Howard M Lewis

    Pro

    Contributor Level 20

    Answered . Most likely not, there will need to be a materail change in circumstances for her to file a modification type action further your divorce agreement may provide that neither of you can alter portions of it, the only variable would be if she alleged fraud. take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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