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Property
Division
Under Michigan law, the Courts strive to divide property equally between
the parties. Any property that is derived through the course of the
marriage is subject to division. There are always issues as to what
property has been acquired during the course of the marriage and what
is separate property and what are exceptions to separate properties.
The courts strive to award each person roughly 50% of the marital
estate and also ensure that each party maintains roughly the same
station in life that they are accustomed to. There are several factors
that the court looks at in making their determination. One factor
is fault. Although Michigan is a no fault divorce state, which means
that you don't have to establish fault in order to obtain a divorce,
it can be considered in property distribution. The most that Courts
will deviate when finding fault is 10%.
As opposed
to child custody and support issues, property issues are non-modifiable
except in very rare circumstances. It is important to make sure that
all assets and liabilities are discovered and taken into account when
deriving at a property distribution settlement. This information will
enable you to receive a fair property settlement that you are satisfied
with. Unlike child custody and support issues, once the Judgment of
Divorce is entered, except in very rare instances, the property award
is final and cannot be altered.
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