One of the most important aspects of a divorce case is property division. Michigan law generally provides for the “equitable distribution” of marital property in the event of a divorce.
While this often results in a 50-50 split of property in a divorce, marital property may be divided in a different proportion if the judge believes that doing so is fair to the divorcing parties.Although Michigan provides for “no fault” divorces, a Michigan family court judge can consider fault when dividing marital property.
Different judges in Michigan have different philosophies when it comes to the proper division of marital property in Michigan divorce cases.
Some of the elements that a Michigan judge may consider when evaluating the proper division of marital property in a divorce case are:
- The length of the marriage, how much the respective parties contributed to the marital estate;
- How old the parties are;
- How healthy the parties are;
- The life status of each party;
- The needs and earning abilities of the parties;
- Past conduct and relationships of the parties;
- The general fairness of the overall situation; and
- Whether either party bears the fault for the breakdown of the marriage.
It is important to have a competent attorney representing you to achieve the best possible property division.
Please feel free to contact Oakland County, Michigan divorce attorney Michael J. Hamblin for more information on how he can help you with your family law issues.