Revocation Upon Divorce In Michigan
At their best, divorce proceedings are often messy. Depending on the circumstances, the number of issues involved is staggering, possibly including child support, alimony, and even child custody. However, the laws in Michigan attempt to alleviate some of the stress and bitterness associated with the process. Under Michigan law, revocation upon divorce allows for automatic revocation of an ex-spouse’s beneficiary status on a life insurance policy or will when the divorce is final. This article will discuss revocation upon divorce and how the law applies to divorces in Michigan.
Trusted Family Law Attorney Experience In Michigan
On top of the already painful and emotional effects of divorce, the legal process can be very challenging. When you find yourself in a divorce proceeding, it can be difficult to know where to start and who to trust. In those circumstances, it is crucial that you hire an experienced family law attorney to represent you. An experienced family law attorney understands the law, the procedures, and the tactics used by the opposing party that can harm your case. Law Offices of Ravi R. Gurumurthy has extensive family law and divorce experience and are ready to help you obtain the best result. For more information or schedule a free initial case consultation, call us at (231) 577-1580 or visit our website today.
What Is Revocation Upon Divorce?
Revocation upon divorce is a Michigan law that helps couples who are divorcing navigate the process more smoothly by having specific actions that commonly occur during the divorce process occur automatically upon divorce rather than requiring the couples to do it themselves. Michigan Estates Statute section 700.2807 assumes that divorcing couples will take certain common actions in divorce proceedings even if they do not plan to. This means that the law predicts that two people who are divorcing will eventually do things like removing their ex-spouse from their will, even if they do not plan on doing that. Consider a will. In that will, the two parties included each other in their other’s will to give them assets in the event of their passing. In many divorce proceedings, the individual will not want to grant assets to their now ex-partner in their will. Under the revocation upon divorce rule, those provisions and provisions like them are automatically invalidated as soon as the divorce is finalized. Similarly, the revocation upon divorce rule applies to other items like life insurance policies, where if the spouse was the beneficiary of that policy, their status is revoked.
What If I Don’t Want Revocation Upon Divorce?
Although revocation upon divorce is automatic, the effects of the process are reversible. It is important to remember that even if revocation upon divorce invalidates provisions or statuses on life insurance policies, the will or the policy is still enforceable, just not those provisions transferring assets or maintaining status. The purpose of the law is to make the process easier for those who may ultimately have those provisions or items invalidated in court otherwise following a divorce. However, if you or your spouse do not want the revocation upon divorce to remain effective, you can reverse the process. First, if you wish to keep each other in your wills, you can add an order to the final divorce decree— the document describing the final terms of the divorce—that the ex-spouse’s rights remain in will. Additionally, the documents can be re-executed after the divorce to reinstate the provisions. To re-execute the documents, you need to go to an attorney and have the documents drafted, signed, and witnessed again to restore the provisions of the original document.
Why Does Revocation Upon Divorce Matter?
Revocation upon divorce’s primary purpose is to minimize the painful and often prolonged process of contesting wills or removing an ex-spouse from insurance policies. Divorce proceedings on their own can last a long time and can be quite painful, depending on the circumstances of the divorce. Revocation upon divorce helps shorten the proceedings and time in court automatically, resulting in less time spent and less emotional hardship for the parties involved. While it is true that some do not wish to have this action automatically taken, the system allows for those who do not want automatic revocation to reverse it.
Hiring An Experienced Family Law Attorney In Michigan
If you are currently involved in a divorce proceeding, it can be hard to know who to trust or what to do next. In those circumstances, it is crucial that you have an experienced family law attorney on your side to help you navigate the complicated proceedings to help you achieve the best result. Law Offices of Ravi R. Gurumurthy has extensive family law experience, specifically divorce, and are ready to represent you, your rights, and your interests. To learn more or schedule your free initial case consultation, call us at (231) 577-1580, or visit our website today.