Law Offices ofMichael A. Robbins

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What Factors Determine Property Division for Divorce in Michigan?

On Behalf of | May 5, 2015 | Uncategorized |

Are you considering, or have already decided to file for divorce in Michigan? If so, then you most surely will have a lot of questions that need to be answered before you proceed. Divorce is a serious matter and you should not take it lightly. If you enter the divorce process without caution and understanding, then you could end up with very little when the process is over and the settlement is finalized. One of the most important parts of any divorce is dividing the marital property. This is often contentious and can lead to a long, drawn out battle. So how does property division work in Michigan?

First, Michigan is an equitable distribution state. That means if a couple cannot agree on a settlement on their own then it will be up to a judge to determine what is equitable. Keep in mind that equitable does not mean equal. It only means that the judge will divide a couple’s assets according to what he or she sees as fair. While judges will most often determine a division that is close to equal, they do not have to follow any strict mathematical formulas to come to their decision. There are many factors that could pay a role in how a judge will rule. Some of those factors include:

How long the couple was married

Each party’s contributions to the marital property

The spouse’s health condition and age

Each party’s needs and circumstances

Each spouse’s life status

The earning potential of both parties

Each spouse’s past conduct and relations

While each of these factors can play a role in a judge’s decision, not all of them will apply in each case. Several different factors can apply depending on the specific details of your particular situation.

Another important factor that weighs heavily in property division decisions is whether or not your property is considered marital or separate. Generally, any asset or property that you had before the marriage or inherited is considered separate property, while any asset that you or your spouse obtained during the marriage is considered marital property. Of course there are exceptions and each situation will be different. You can learn more about property division in Michigan by visiting our property division in divorce page.

If you have reached that point in your marriage where you are ready to move on, then you need to understand all the important factors of your decision, including how property division works. If you have questions or need legal help, then contact the Law Offices of Michael A. Robbins at 248-646-7980, to speak with an experienced divorce attorney today. You can also contact us online.

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Law Offices of Michael A. Robbins
3910 Telegraph Road
Suite 200
Bloomfield Hills, MI 48302

Phone: 248-646-7980
Fax: 248-646-7989