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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 9905
Experience:  Just Answer consultant at Self employed
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I am curious about obtaining a divorce in the state of

Customer Question

I am curious about obtaining a divorce in the state of Michigan. I don't know my legal rights. We have been married since 2011. We have the house in both names. Banking account in both names. No children. I have been out of work for 3 months. He has been taking care of the bills and now starting to cut me off. I am pretty sure he has to support me til a divorce is final. Do i have any alimony rights or want to know the rights I have. 50/50 settlement on what we've obtained together? or is there a clause on how long you've been married?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Michigan
JA: Has anything been filed or reported?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just want to know the legalities of a settlement of 7 yrs. I'm on our bank account, a morgage, and loans.
Submitted: 6 months ago.
Category: Legal
Expert:  legalgems replied 6 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 6 months ago.

I am sorry to hear you are having to deal with this.

The court will ensure that the property is "equitably" divided- all property acquired during marriage, regardless of title (excluding gifts/inheritances). The court will try to do a fair division, but it is often 50/50 as the spouses are seen as partners. Here are the factors the court will consider:

The income and property of each spouse at the time of the marriage, and at the time of the divorce;
The length of the marriage and the age and health of both spouses;
If there are minor children involved, the need of the spouse who has custody of the children to live in the marital residence and to use or own its household contents;
The loss of inheritance and pension rights of each spouse because of the divorce;
The loss of health insurance benefits of each spouse because of the divorce;
Any award of support or maintenance the court will be making;
Whether one spouse made contributions to marital property that the spouse does not have title to; for example, where one spouse helps the other spouse increase their ability to earn more money by getting a degree, license or certification;
The liquid or non-liquid character of all marital property (“liquid” means that the property can easily be converted to cash);
The probable future financial circumstances of each party;
The impossibility or difficulty of determining the value of certain assets, like interests in a business, and whether one spouse should be awarded the business so it can be run without interference by the other spouse;
The tax consequences to each party;
Whether either spouse has wasted or used up any of the marital property while the divorce was ongoing;
Whether either spouse transferred or disposed of marital property at less than market value, knowing that the divorce would be happening;
any other factor the court deems relevant.

So as you can see, the individual judge assigned to the case has great discretion, so it is difficult to predict in advance what the judge may rule. An attorney that is familiar with the particular judge may be better able to provide an estimation based on the judge's past rulings.

As for alimony, there is no set formula; the idea is to ensure that both parties can maintain the standard of living achieved during marriage, at least until the lower earner/non earner can get back on their feet. Some of the factors the court will consider:

Behavior (who caused the divorce, how they were treated); length of marriage; earning ability; how much property each person received during the divorce distribution and if that necessitates support; the supporting party's ability to pay; current living expenses; the parties' respective needs; the parties' respective health.

Generally if a party is under 60 and able to work, the court will expect that person to secure employment so they can be self supporting in a reasonable time (depends on local job market).

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 6 months ago.

Checking to see how the above worked out for you.
If you decide to hire an attorney:

Here is a link to the bar association's legal referral site:
http://apps.americanbar.org/legalservices/lris/directory/

Thank you for using JA!