Michigan Divorce Laws for Property Settlement

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    Standard

    • Michigan courts use the equitable division of property standard. This requires that marital property--those assets obtained during the marriage--be divided in a fair manner. Pursuant to Michigan statutes, fair does nor mean equal. Rather, a court must consider the specific circumstances of a particular case. The court determines the most appropriate way to divvy up property based on the facts and the circumstances of each party.

    Settlement Agreements

    • Michigan law includes a preference for parties in a divorce case to attempt a settlement of issues on their own. This includes division of marital property the couple owned during the course of a marriage. If spouses are able to negotiate property issues directly, they develop what is known as a property settlement agreement.

      A property settlement agreement is a contract between the spouses setting forth the specific way the assets will be divided. Once completed and signed, the document is submitted to the court. The judge reviews the agreement. Provided the property settlement agreement is not unduly unfair to one party, a Michigan judge approves the document and makes it a part of the final divorce decree.

    Court Hearing

    • Michigan divorce statutes include provisions for a hearing before a judge if a couple is not able to resolve property issues. At such a hearing, both spouses present evidence in the form of documentation as well as witness testimony. The evidence is designed to support each spouse's contentions regarding division of property. At the conclusion of the hearing, the judge considers what is presented to her. She ultimately issues an order, often as part of the divorce decree, which outlines the division of property.

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