Eisenberg, Middleditch & Spilman, PLLC

Property division and the different types of divorce

The decision to divorce is often a difficult one for a Michigan couple to make. One day the couple is fighting and can't stand the idea of another day together; another day, at least one spouse wonders if they should give it one more try. At some point, though, the difficult decision needs to be made and the individuals allowed to move on with their lives. Throughout this period of turmoil, decisions regarding property division, child custody and support, spousal support and more must be finalized.

If the couple is on amicable terms, it is possible that an uncontested divorce can be negotiated. With an uncontested divorce, the couple is able to discuss the different aspects of their agreement and come to terms that are acceptable to both parties. The couple agrees on the division of property, division of debt, child custody, child support and all other aspects that need to be addressed. This is perhaps the least costly and least stressful type of divorce.

However, many times the couple is not able to come to an agreement. In this case, a contested divorce may be in the cards; both parties will meet with their respective attorneys to discuss their individual goals. In many cases, a financial analysis in which an expert reviews the financial details of the couple's lives will take place. This is the point at which hidden assets and liabilities, if any, often become evident. Absent an agreement, the total picture will then be presented to a Michigan court for a final determination.

Along with the decision to divorce come many other decisions. Property division and issues relating to the children are often just the beginning. An experienced attorney can guide one through the process and help decide what is in the individual client's best interest.

Source: commdiginews.com, "Law School For You: Understanding divorce law", Paul Samakow, April 23, 2017

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Eisenberg & Spilman, PLLC | 600 South Adams Road, Suite 100, Birmingham, MI 48009 | Phone: 248-358-8880 Birmingham Law Office Map

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