If my wife and I filed for a legal separation last year and I now want to file for divorce, do I have to agree to everything that I agreed to in the separation?

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If my wife and I filed for a legal separation last year and I now want to file for divorce, do I have to agree to everything that I agreed to in the separation?

Also, does the divorce have to be filed in the same county where the separation was processed?

Asked on September 25, 2012 under Family Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since you and your spouse filed for legal separation in a certain county and state, it is best that the dissoultion proceeding likewise be filed in conjunction with that particular court's case number.

As to having to honor what you agreed to in the separation agreement depends upon how matters were written in the document. Ordinarily items in a separation agreement are not deemed to be binding by the courts since the courts have a desire to see a reconciliation of the parties.


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