Collaborative divorce is one option for couples in Mid-Michigan who wish to avoid high litigation expenses and dissolve their marriage in an amicable manner. However, one mistake in the settlement agreement can force everyone back to court. Here’s what you need to know about avoiding ambiguity in your Michigan divorce settlement agreement.
Why Collaborative Divorce Might Be a Smart Choice in Mid-Michigan
For couples in Lansing, Charlotte, St. Johns, Ionia, Jackson, Livingston County, and elsewhere in Mid-Michigan, a collaborative divorce is beneficial:
- It’s typically faster and less expensive than litigation in some instances
- When successful, it minimizes stress and conflict
- It allows spouses to control the outcome instead of leaving decisions up to the court.
The Danger of Ambiguity in Divorce Agreements
A divorce settlement agreement is a contract outlining who gets what. When the language in the agreement is clear, Michigan courts will enforce it as written. However, if a provision is considered ambiguous, each spouse may interpret the terms differently. This can result in months (or even years) of litigation and substantial legal fees.
How Michigan Courts Handle Ambiguous Divorce Agreements
The Michigan Court of Appeals has ruled that if a divorce agreement contains ambiguous terms, courts may consider extrinsic evidence, such as emails, prior drafts, or testimony, to help determine the parties’ intended meaning when they entered into the agreement. However, that requires one party to file a post-judgment motion, and a hearing must be held on that motion, which incurs additional costs for both parties.
Tips to Avoid Future Disputes in a Michigan Collaborative Divorce
If you’re going through a divorce in Mid-Michigan and you and your spouse want to settle amicably, follow these practices with a very experienced family law attorney:
✅ Be Specific: Spell out exact amounts, dates, and definitions in your agreement
✅ Avoid Generic Templates: Use specific language for complex assets like pensions, businesses, and homes
✅ Clarify Terms: Clearly define what terms, such as “marital portion,” mean
✅ Work With a Local Attorney: A skilled and seasoned Mid-Michigan divorce lawyer can ensure your agreement complies with Michigan law and protect your rights
Serving Mid-Michigan: Ingham, Eaton, Clinton, Jackson, Livingston and Ionia Counties
At The Kronzek Firm, we’ve helped thousands of clients in Ingham County, Eaton County, Clinton County, Jackson, and Ionia County resolve their divorces with clear, enforceable agreements. Our team is deeply familiar with Michigan divorce law, including how to handle QDROs, pension division, real estate, and spousal support in collaborative cases.
Our experienced divorce attorneys can draft a clear and unambiguous settlement agreement that protects your interests and prevents future litigation.
Contact The Kronzek Firm today to schedule a confidential consultation with a trusted Michigan family law attorney. We’re here to guide you every step of the way.
📞 Our attorneys have assisted thousands of Michigan clients for over 30 years. You can reach our Lansing office 24/7 by calling (517) 886-1000.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]