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.
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