I have sole physical and legal custody (verified by looking at document) of my daughter and joint physical and legal custody of my son. My husband would only agree to this custody arrangement if I wouldn't file for divorce.
Also do I have to pay fees to switch to a divorce and, if so, how much?
Hi, There is a filing fee to switch to a divorce. In Oakland County, for example the filing fee for a divorce with children is $230.00. Custody is always modifiable though that document should definitely have a lof of weight with the court. Talk to an attorney for more advice and information. Good luck to you.
Building on what Mr. Gornbein had to say, I assume that you do not have a judgment from a court with regard to the separate maintenance agreement.
You would be wise to consult with an attorney about division of assets, including a pension or 401k, and to look at child and spousal support, in addition to your obtaining custody in the divorce action.
I am licensed to practice law in Michigan and Virginia. My office is in Lapeer. You should not rely on this answer. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.