Family Law Is All We Do

In a Michigan divorce, the parties involved in a divorce are generally each awarded half of the assets and half of the debts that accrued during the marriage.

• There are many exceptions to this general statement, including exceptions regarding non-marital property, inheritance, and property owned prior to the marriage.
• Another exception to this general statement is the issue of fault.  In a Michigan divorce, the issue of fault in the breakdown of the marriage may cause a court to award more of the assets to one party. 
• Due to these exceptions, and some others, you will need to discuss the particulars in your specific case with a Michigan divorce attorney to determine what your potential settlement may be.

In preparing to divide your property for a Michigan divorce, you should take a complete inventory of your assets and debts. 

My office suggests that you make a spreadsheet that includes the names of the accounts/assets and their values.

In a Michigan divorce, the parties to a divorce usually settle their property rights after negotiation. 

• Negotiations may be done between the spouses themselves, with the assistance or their attorneys, or with the assistance of their attorneys and a neutral third party mediator.
• If the parties come to an agreement as to how to divide their property, they must be absolutely sure that they understand and agree to the settlement, because in a Michigan divorce, once the judgment of divorce is entered, the property settlement may not be modified, except in cases of fraud or clerical error.

If a settlement cannot be reached, the matter can be decided at binding arbitration or by the Court after a trial.   In determining property issues at arbitration or trial, a Michigan Family Court Judge will usually consider the following:

• Length of the marriage
• Contributions of the parties to the marital estate
• Age of the parties
• Health of the parties
• Life status of the parties
• Necessities and circumstances of the parties
• Earning abilities of the parties
• Past relations and conduct of the parties
• General principles of equity