Divorce Lawyers in Birmingham, Michigan
Deciding to end a marriage is hard. Deciding how to split up the property is equally difficult. How do you determine between what’s his, hers and ours? Professional divorce lawyers in Birmingham, Michigan can help you understand the laws regarding property distribution in divorce cases, and The Law Firm of Victoria, divorce attorneys for women in Birmingham, can help you get the settlement that is best for you.
Personal vs Marital Property
Michigan recognizes two categories of property: Personal and Marital. Personal is the property you came into the marriage with and marital is the property you obtained as a married couple. If you had a prenuptial agreement, the separation is pretty cut and dried. Without a prenuptial agreement, the divorcing parties, along with their attorneys, must make the determination between what is personal property and what is marital property. Marital property can include the following:
- Homes, cars and other jointly owned “personal” property
- Investment accounts
- Retirement plans/benefits
- Income from employment
Since Michigan is an equitable distribution state, the clients and attorneys work together to create a distribution of assets that is fair (equitable) to both parties. Distribution of property becomes a matter for the courts when the two parties, with the assistance of attorneys and/or mediators, cannot agree on an equitable distribution of property. The court will take into account who contributed what to the marital estate, the cause of the divorce, the length of the marriage and other factors when making a distribution determination.
We’re Here for You
Our caring, experienced attorneys at The Law Firm of Victoria want to make sure women are treated fairly in a divorce. We’ve been protecting the legal rights of women in our family law practice for over 20 years, and we want to protect your rights, too. Call 248-723-1600 today or complete our simple online form to schedule a consultation.