Married couples who decide to divorce will have a lot to discuss before their divorce can be granted and they go their separate ways. Of these many things, property division may be one of the most frustrating to discuss, especially if spouses are not seeing eye to eye on the matter. Should there be difficulty between spouses when attempting to resolve this dispute, there is another way for things to be figured out.
Absent a prenup, spouses will either have to decide themselves how property will be distributed between the two parties, or follow the laws of the state. In Michigan, couples who cannot agree on property division and engage in a dispute about this specific matter will be required to follow what is known as equitable distribution. Equitable distribution basically states that the judge will be the one to divide the property and will do so in a way that they view as fair.
Although it is possible for the property to simply be split in two, this is not what equitable means. In some cases, one spouse may be awarded one-third of the couple's property, and the other spouse will get the rest. Because of this, some spouses may find that they are better off working together to resolve the dispute over property rather than let a judge make the call.
It is hard enough making the decision to end a marriage, but when you have to deal with the various divorce legal matters that will follow, it is easy to let emotions get in the way and prevent things from being done in a timely manner. No matter how upset someone may be about property division or the divorce, it is important for them to be fair and be cooperative. Should you need assistance during the divorce process, you should consider hiring a knowledgeable attorney.