I am trying to do my own divorce. I am to the point of filing the Judgment of Divorce. My ex and I have already agreed on everything and everything is split the way that we want it. We are both maintaining our own bank accounts, and retirement accounts. Neither one of us have any debt. Can I just use language such as "both parties will keep their own bank accounts and give up any interest to the other parties account." (For example) I understand the document would be stronger with all the specific information but I do not want to keep calling my ex when we are both fine with our current agreement. Can I use the language or something similar to the above?
You will not want to include actual bank account numbers in the judgment of divorce - this is a public record. (also do not include social security numbers). Typically if anyone includes account numbers, it is the last 4 digits of a credit card number.
Saginaw County does not have a sample judgment of divorce on their website, but Cass County does. Here is a link: http://casscountymi.org/LinkClick.aspx?fileticket=8fOX38J9BaY=
This is a VERY important document - you may want to pay an attorney to simply review it and ensure nothing is missing.
Kelly G Lambert III
Marlo D. BruchEmployment / Labor AttorneyKalamazoo, MI ·
I agree with my colleague. I recommend you consult an experienced family law attorney for your judgment of divorce. It is a permanent record. A separate settlement agreement can also be incorporated into the judgment that is not part of the public record. Consulting with an attorney is best.
Do-it-yourself divorces have a lot in common with do-it-yourself dentistry.
I strongly suggest that you take all of your facts and all of your paperwork to a divorce lawyer in your area and ask that lawyer to review the proposed judgment. The judgment is permanent. If you have messed something up, it will come back to haunt you and you will not be able to go back and make corrections..
Under certain circumstances the language that you are using may work. However, if your ex has other accounts that you are not aware of, this language may help him to keep all of the funds even if they should have been divided.
You could use the language you suggested but then problems may arise later if you and your spouse disagree or have different recollections. Why take that chance? The smartest thing to do would be to consult an attorney and obtain help with preparing the Judgment to assure all issues are covered. That should not be a big expense if you and your ex are cooperating. Best of luck to you.
Your suggestion is one way to accomplish the specific task you are asking about. Whether that is the best way is something that cannot be answered here.
Just as importantly, your post says that you and your ex have agreed on "everything." What does "everything" mean? I ask in all seriousness: Can you confidently say that your definition of "everything" is the same at the law's?
Certain things must be in a judgment of divorce. By that I mean are you sure you and your ex have addressed all issues required by the law, not just the obvious ones (like bank and retirement accounts)?
I ask because if you submit a judgment that does not include everything the law requires it might be returned to you for corrections. Since judges and county clerks cannot give legal advice you might be left to guess what is missing.
I agree with those who suggest that you seriously consider hiring a local attorney to help you prepare the judgment.
