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- A Michigan marital settlement agreement is a contract used by married couples to set out the terms of their divorce. The agreement covers the division and ownership of property, assets, and debts, as well as terms regarding alimony, child custody, and visitation rights. Any terms not defined under the contract will be determined by the court.
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The Michigan Divorce Settlement Agreement form serves as a legally binding contract between spouses who are seeking a divorce, outlining the division of their assets, debts, child custody arrangements, and any spousal support agreements.
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- All Michigan Forms
- Who Gets What Property?
- Who Will Pay Our Debt?
- Who Decides How to Divide Our Property and Debt?
- Using The Do-It-Yourself Divorce Tool
- Documents You May Need to Transfer Property
- Finding A Lawyer
Marital Property Is Divided Fairly
If you and your spouse can't agree how to divide your property, the judge will decide. Michigan law requires judges to divide property fairly. Fair usually means that each person gets about half of everything. But in some cases, a judge could decide it is fair to divide marital property in a different way. Your property might be divided unequally if one person is more at fault for the marriage ending or if one person needs more property. Sometimes one person gets more marital property but als...
What Is Marital Property?
Marital property gets divided in your divorce. Most property you or your spouse got during your marriage is marital property. If there is a title or deed, it does not matter whose name is on it. It is still marital property unless it was a gift or inheritance. If something is marital property, it is owned by both of you. Two types of marital property, marital homes and retirement plans, are discussed briefly below. The Marital Home Your marital home is the home where you and your spouse lived...
What Is Separate Property?
Things that are not marital property are called separate property. If one spouse owns property before the marriage, it is separate property. If one spouse gets a gift or inheritance duringthe marriage, it is separate property. If a spouse has separate property and it gets more valuable on its own, the increase in value is separate property. For example, a wife owns a rental home before the marriage. Neither she nor her husband does any work on the home during the marriage. An increase in the...
Marital Debt Is Divided Fairly
Each spouse is responsible for a fair share of the marital debt. This usually means each person has to pay about half of the total debt. In some cases, a judge could decide that it is fair to divide debt in a different way. An unequal division of debt could happen in these situations: 1. One person is more at fault for the marriage ending, 2. One person is able to pay more, or 3. One person is responsible for incurring debt without the other spouse's consent for a purpose that did not benefit...
Marital Debt or Separate Debt
Debts that one spouse acquired before the marriage are separate debts. In general, all debts acquired during the marriage are marital debts. It doesn't matter who made the purchase or whose credit card was used. There are some exceptions to this rule. Gambling debts, money spent on extramarital affairs, and money spent for restitution in a criminal case are usually not marital debt. Student loans taken on during the marriage are separate debt if they were used only for one spouse's education....
Debt Usually Stays with the Property
The person who is awarded a piece of property normally takes on the related debt. Sometimes only one person can afford to pay the related debt, so that person keeps the property.
You and Your Spouse Can Agree On Your Own
Lawyers, mediation, and court hearingsare expensive ways to divide your property and debt. If your assets and debts are easy to understand, you and your spouse can try to work out your own property settlement. This will help keep costs low. If you and your spouse can safely negotiate, sit down together, list all of your property and debts, and agree on how to divide them. The judge will review your settlement to make sure it is fair, but will usually approve it if you have agreed. You may wan...
You and Your Spouse Can Agree in Mediation
Mediation is a process where a neutral person helps you and your spouse settle the issues you do not agree on in your divorce case. Mediation may help you agree on property and debt division and other issues. It is an alternative to going to court and having a judge decide what will happen. To find information about mediation services, see Community Services. Mediation and other forms of alternative dispute resolution are not recommended in situations involving domestic violence. Threats, fea...
If You Can't Agree, the Judge Will Decide
If you and your spouse can't reach an agreement on how to divide your property and debt, the judge will decide for you. The judge will consider these factors: 1. How long you were married 2. What each spouse contributed to the marital estate 3. Both spouses’ financial needs 4. How much money each party can earn 5. Why you are getting divorced, if one person is more at fault 6. Anything else the judge thinks is important Under the second factor above, contributions to the marital estate are no...
If you use the Do-It-Yourself Divorcetool, you will be asked for information about your marital property and debts. You will be asked how you want to divide them. If you and your spouse agree on how to divide all the property and debt, include those terms. After you answer all the questions, you will get a Judgment of Divorce that includes your agr...
Even though your Judgment of Divorce will award certain property to each party, you may need additional legal documents to effect the transfer of property. For example, a pension or retirement account can only be divided by a special order called a QDRO (Qualified Domestic Relations Order) or an EDRO (Eligible Domestic Relations Order). You will ne...
You might decide you want a lawyer to help you with your case. If you have low income, you may qualify for free legal services. Whether you have a low income or not, you can use the Guide to Legal Help to find lawyers in your area. If you are not able to get free legal services but can’t afford high legal fees, consider hiring a lawyer for part of ...
A Michigan marital settlement agreement is a contract used by married couples to set out the terms of their divorce. The agreement covers the division and ownership of property, assets, and debts, as well as terms regarding alimony, child custody, and visitation rights.
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Divorce Laws in Michigan: A Beginner’s Guide. If you are a Michigan resident considering divorce, there are several laws and processes you should know about before taking your first steps. This guide will take you through how assets get distributed, how child support is calculated, what to do about child custody, and much more.
The following are the 12 basic steps in a Michigan divorce. This is a general guide to the divorce process in Michigan, but they vary slightly in Oakland, Macomb and Wayne Counties. Due to the facts of your case, there may be additional steps or some of the steps may be avoided.
Use this tool to prepare the forms to file for divorce in Michigan. You will go to the LawHelp Interactive website to do this. After you answer the questions, your finished forms and instructions will be ready to print.
Sep 5, 2022 · In an effort to streamline and simplify the exchange of information in divorce cases, the Michigan Supreme Court adopted major revisions to the Michigan Court Rules effective January 1, 2020 to ensure a full and comprehensive financial disclosure from both spouses in the very beginning of the court proceeding.
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