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

Moline, IL |
Filed under: Divorce

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

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  2. 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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  3. 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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  4. 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.

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