<- Chapter 6: Child Support and Child Care Chapter 8: Spousal Support ->
The court usually relies on what the Fair Market Value of the property is. This value is what a willing and knowledgeable purchaser would pay in a fair transaction. The more interesting question is: What date does the court use when determining value? Is it the date the parties separated? It is the date the case was filed? Or, Is it the date the divorce was granted? Answer: The judge can use any of these dates and is not obligated by law to use any one of them.
No. Although Michigan is a so-called no fault state, fault can be used as a basis for awarding one of the spouses more than 50%. However, 99% of cases end up dividing the property very close to 50/50.
A debt is really just a negative asset. As with assets, they are usually divided 50/50. Although in some cases, the court may divide them on the ratio of the parties incomes and/or their ability to pay. Or in very short term marriages, the court may give each party the debt load they came into the marriage with.
This problem is really quite rare. However, if you suspect this is going on, you must contact your attorney right away. All good attorneys have methods for and experience in tracing assets. Hiding assets is also a civil and possibly a criminal offense.
This is a very difficult question. The agreement must be examined by a qualified family law attorney. If the agreement is drafted properly and each side was represented by counsel at the time it was signed, they are usually valid and enforceable. They are not illegal in Michigan.
No. First, proving that your spouse is 100% at fault is next to impossible. Assuming that you can prove this, the court's have had a history of not awarding more than 60% to the aggrieved spouse
<- Chapter 6: Child Support and Child Care Chapter 8: Spousal Support ->
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