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Michigan court can consider marital fault in property division

No-fault divorces are now available in every state. You no longer have to prove that your soon-to-be ex-spouse was cheating on your or that he or she abandoned you in order to get a divorce. However, when it comes to property division in Michigan, a judge can consider who was at fault and how in terms of why the marriage is ending. This is just one of several factors that a judge can consider when determining a fair split of the property and assets.

At the Schwartz Law Firm, we recognize that no two relationships are the same. There may be many reasons why a couple wants to seek a legal separation instead of a divorce and vice versa. We take an individualized approach to each client, incorporating the results he or she would like to see and balancing it with what the law will allow.

Property division can be just as acrimonious as child custody battles. Because Michigan is an equitable division state, the judge will focus on a fair division of property, but that doesn’t always mean a 50/50 split. If you brought property into the marriage and it has been kept separate from marital property, then you will retain that property and assets. Proving that some property is separate property can be difficult and in these cases, it’s best to have an experienced divorce attorney by your side.

At Schwartz Law Firm, we will aggressively fight for you rights and protect your interests during the divorce process. To learn more about this process, please review our webpage on the topic.