Several years ago I filed for separation and received a Judgment of Separate Maintenance from the district court. If I or my spouse now file for divorce, do all the terms in the Judgment remain unchanged, or can either party start from "square one"? Specifically, can assets be open for division as of the date of filing for the divorce, and can the spousal support (which was set to continue through June 2012) be re-evaluated? (child support/custody are no longer an issue as the child is over 18 now.)
2 Answers from Attorneys
There are many fine family law attorneys around Midland, MI. You have complex issues that require expertise. You should meet with an experienced professional to review your situation.
Generally, the order for separate maintenance has property provisions in it that will be enforced. You will not be allowed to start from Square 1. Things that are not addressed in the separate maintenance order are subject to potential litigation.