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The Divorce Attorney Journal

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Divorce Attorney Journal

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3 weeksago
January has long been known as divorce month. Any Michigan divorce attorney will tell you that there is typically an increase in couples choosing to make their split official after the holidays. One element of this reality that is changing, however, is that there are...
May 21, 2020
2 yearsago

Many engaged couples consider registering for wedding gifts as a rite of passage. Whether they go to stores in person or carry out the task online, they’re working together to create a combined new life. When that same couple decides to get a divorce, they must work backward and separate everything they joined together over the length of their union, far beyond dishes and towels. In a Michigan divorce, this is known as marital property division.

Understanding Marital Property

Items that fall under marital property are pretty cut and dried.

  • Marital property is property you and your spouse acquired during your marriage that is owned by both of you.
  • Marital property does or does not need to have a title or deed accompanying it.
  • If there is a title or deed, either spouse’s name can be on the paper.
  • Anything from the family home to cars, furniture to pets, qualify as marital property.

Understanding Separate Property

Separate property is not marital property, and it’s not always as simple as walking through the marital home and marking things “mine” and “yours.”

  • The person who originally owned the property, like an inheritance, keeps their separate property.
  • If the other spouse contributed to the improvement or growth of the separate property, however, they may be entitled to part of the property’s value.
  • Separate property can become marital property if used regularly for marital purposes or held in a joint bank account.

Understanding Equitable Distribution

Michigan is an equitable distribution state.

  • Equitable distribution is a process by which a divorcing couple is encouraged to come to their own property settlement terms regarding marital property.
  • If they can’t make it happen together or through mediation or arbitration, the matter will have to go to court for a judge to decide.
  • “Equitable” does not promise that the division of marital property will be done equally, but it will be done fairly.
  • Many factors influence equitable distribution if a judge is the one making the determination, including how long a couple was married, what they contributed to the marital property, individual needs and circumstances, earning potential, age and health of the parties, and each spouse’s conduct.

Mastering Marital Property Division

While marital property division may seem simple on the surface – you take this and I take that – the matter can become very complicated. Things are just things but, throughout a marriage, the things a couple has shared have been infused with meaning – and if you are determined to take that meaning with you out of your divorce, you’ll want to fight hard for a particular item or piece of property, whether it’s the Christmas tree ornaments or family pet. The only problem is, your ex may feel the same way.

Marital property fights are common in divorce negotiations, which makes it essential to have an experienced Michigan divorce lawyer working on your behalf. Once the marital property division decisions have been made, there is still plenty of paperwork to complete and deadlines to meet to ensure that property transfers and divisions are made in a timely manner.

Get support from an experienced Michigan divorce attorney. Contact the family law attorneys at Femminineo Attorneys in Macomb, MI, to schedule a meeting.


What makes us the right divorce attorneys for you?

Family Law Expertise

Most lawyers are in a general practice and do some of everything. One of our main focuses is on Family law and being expert at divorce, custody and support matters.

Strong Relationships

We are in court daily, working with the family court judges, their staff and clerks, the Friend of the Court office, the Bar Association and other attorneys working in this area. We pride ourselves on fighting hard for our clients while working well with everyone.


Our extensive experience and strong relationship with the courts and our peers leads many judges and attorneys to hire us to act as Mediators in other Family Law cases. Make no mistake; having a strong working relationship with the court can have a massive impact on your case. Unlike most attorneys, we have no fear of the court room and are in trial regularly against the best in the business. We see the judges every week and maintain strong ties with their staff.

We Care

Although every attorney can “handle” your case, Femminineo Attorneys cares about you and your family. We work extremely hard to keep this difficult process civil and to shelter your children from as much of the negative facets as possible.


Once your case is concluded, we will be there to help you with any post-judgment problems that may arise.


Everyone’s financial situation is different and we work with our clients to formulate a fee arrangement that works within your means.


We have handled every possible situation involving domestic law. We will do everything possible to wrap up your case in a timely manner, avoiding delays that cause unnecessary legal fees.


When your case cannot be easily solved, we will fight hard and use all of our resources to win. Unlike most attorneys, we have no fear of the court room and we regularly win cases against the best in the business at trial.

Expert Staff

Unlike many attorneys who have a part-time typist and work 30 hours a week, we have an expert staff available all day long to assist you and provide immediate service.

Personal Service

At Femminineo Attorneys, your case will be handled by an experienced family law attorney. Each of our attorneys in our family law division has many years of experience in handling family law matters.

We encourage you to see these differences for yourself and call today to speak with one of our partners or schedule a free consultation at our office.

During traditional business hours, please call us at: (586) 954-9500

Michigan Divorce Attorney

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The information presented within this website is for general information purposes and is NOT and should not be considered as being “legal advice”. You should not act on any information presented herein without the verifying same with your attorney.

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