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.