Defendant’s attorney stated that the total fees incurred by both sides are far beyond what he usually sees in divorce cases. Regarding the reasonableness of five depositions, he testified that he has not conducted five depositions in an average divorce case in the last few years.
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Posts in the Division of Marital Property category:
At that hearing, the trial court signed the proffered judgment of divorce, which it now characterized as a default judgment despite the fact that no default had been entered, nor had plaintiff ever filed a motion for entry of default judgment.
The Michigan statute governing spousal support favors a case-by-case approach to determining spousal support.
At issue in this case is whether Plaintiff satisfied the jurisdictional residency requirement contained in MCL 552.9(1), which provides that a judgment of divorce shall not be granted by a court in this state in an action for divorce unless the complainant or defendant has resided in this state for 180 days immediately preceding the filing of the complaint.
DIVORCE 17: Judgment states, obligations owed to each other shall be deemed a support obligation which is not dischargeable in Bankruptcy.
In essence, while a bankruptcy court could discharge the debts, they still remained owing to that party to whom they were payable as support, which is not dischargeable.
With regard to defendant’s income, the trial court found that defendant earned an average of $15,300 per year from his drywall business and $120,000 per year from his medical marijuana grow operation during that same period.
DIVORCE 10: For an agreement to be unconscionable, there must be both procedural unconscionability and substantive unconscionability.
Despite having signed the proposed divorce judgment, defendant filed an answer to the divorce complaint on February 28, 2017, and on March 2, 2017, she filed a response to plaintiff’s motion for entry of proofs and judgment, along with a motion to restore her possession of the marital home. Defendant claimed arguments premised on unconscionability.
To award fees on the basis of misconduct, the trial court must determine that misconduct, in fact, occurred and that the misconduct caused the party seeking fees to incur the fees awarded.
DIVORCE 14: A temporary order remains in effect until modified or until the entry of the final judgment of divorce.
Plaintiff contends that the trial court erred in extending the status quo beyond entry of the JOD. Pursuant to MCR 3.207(C)(5), a temporary order remains in effect until modified or until the entry of the final judgment or order.
The appeals court agreed with the trial court that plaintiff’s conduct in filing for divorce in another county while the Oakland County divorce judgment was still in effect violated that judgment of divorce.
The circuit court entered a default judgment of divorce ordering Defendant to pay Plaintiff $2,000 in spousal support each month. Only then did Defendant realize the divorce would not be as easy as he anticipated.
Separate assets may lose their character as separate property and transform into marital property if they are commingled with marital assets and treated by the parties as marital property.
DIVORCE 10: Plaintiff contends that the home is not marital property, but rather separate property not subject to invasion.
The trial court concluded that the home was marital property subject to division because defendant contributed to the marital home by working on it; plaintiff and defendant lived together in the home for two years; and defendant paid for the expenses of the home for six months.
Plaintiff argues that failing to place a value on defendant’s two businesses and awarding them to defendant, is depriving plaintiff of assets to which she is entitled.
Although the trial court recognized that a marital estate will normally be divided 50/50, it elected to award 60% to defendant and 40% to plaintiff.
The fact that an asset is obtained as a separate asset does not mean its status cannot change. Separate assets may lose their character as separate property and transform into marital property.
The Court recognizes that the object in awarding spousal support is to balance the incomes and needs of the parties so that neither will be impoverished; spousal support is to be based on what is just and reasonable under the circumstances of the case.
This dispute appears to be whether the arbitrator effectively modified the parties’ Uniform Spousal Support Order by awarding plaintiff 19.5% of the profits from the sale of defendant’s stock.
The court ruled that the husband’s home was a premarital asset belonging to him alone, denied the wife’s request for spousal support and awarded minimal attorney fees.
The 10-year statute of limitations on a claim relating to a property settlement in a judgment of divorce begins to run at the time the claim accrues and that the claim accrues when the money owing under the property settlement comes due.
The only fact the trial court used to rule that defendant should receive 25% of the value was that he contributed and sacrificed little to the Book of Business and this was not a concerted effort.
Plaintiff moved to set aside the revised proposed QDRO, arguing that it was time-barred under the ten-year statute of limitations set forth in MCL 600.5809(3).
Defendant argues that the trial court’s 60/40 distribution of the marital estate in plaintiff’s favor was inappropriately punitive. According to defendant, the trial court placed a disproportionate amount of weight on the parties’ respective fault, while ignoring defendant’s significant financial contributions to the marital estate.
When dividing property in a divorce, trial courts must first determine marital and separate assets.
Plaintiff, age 67 at the time of divorce, and defendant, age 59 at the time of divorce, were married for 23 years. The judgment of divorce provides for a division of property. Defendant appeals arguing that the trial court erred in determining the...
Plaintiff and defendant were married in 1995 when they were in their mid-50s and after both of their first marriages ended. At the time of marriage, defendant had an IRA valued at approximately $800,000. After three years of marriage, due to a...
Plaintiff filed for divorce in October 2012 after confirming that her husband (defendant) had been having an affair with his former co-worker. After the proceedings began, plaintiff learned that the defendant had given former co-worker hundreds of...
Plaintiff appeals the judgment of divorce that awarded defendant 50% of the equity in the marital home, all of workers' compensation benefits, and certain personal property items. Court affirmed the trial court's division of the financial assets of...
The court held that the trial court did not err in its distribution of the marital property, its spousal support order, or its decision to impute income to the plaintiff to calculate the amount of child support the defendant was required to pay.
The parties divorced and the trial court handled the distribution of property as well as spousal and child support. On appeal, the court rejected plaintiff's argument that the trial court's distribution of the marital property was not equitable....
The court rejected the plaintiff-ex-husband's challenges to the trial court's property division and orders relating to insurance policies, but agreed that remand was required as to the award of attorney fees and costs to the defendant-ex-wife.
Thus, it vacated the order awarding attorney fees and remanded for further proceedings on this issue, but otherwise affirmed. As to the application of the Sparks factors, while "defendant received significantly more property than plaintiff" under...
The court held the trial court did not err by allocating assets to the defendant-ex-husband without including their value in the marital estate. The court could not determine whether the estate was equitably divided without findings on the Sparks fac
The court held that the trial court did not err by allocating two assets to the defendant-ex-husband without including their value in the marital estate. However, it noted that based on the trial court's failure to make findings on the Sparks...
Holding that the trial court's division of property was equitable, the court affirmed the property division under the judgment of divorce.
The plaintiff-ex-husband argued that the trial court's division of the marital estate was inequitable because the defendant-ex-wife received a car and a share of his retirement and pension benefits, while he was encumbered with the entire amount of...
The court affirmed the trial court's rulings as to the disposition of a Harley Davidson motorcycle, the award of attorney fees to the defendant-ex-wife, and the denial of the plaintiff-ex-husband's request for attorney fees.
Plaintiff argued that the trial court clearly erred when it awarded defendant $5,700 for her share of the Harley. He contended that the parties had an agreement as to the Harley, pursuant to which he would be awarded the Harley and defendant would...
Holding that the property division was fair and equitable, but that remand was necessary for the trial court to recalculate the parties' income and recalculate the child support award, the court affirmed in part, reversed in part, and remanded.
The parties raised several issues as to whether certain property was separate property or marital property subject to division. The defendant-ex-wife argued that her premarital Gentex stock was erroneously classified as marital property. The trial...
The Court of Appeals affirmed the amended divorce judgment awarding half of the defendant-ex-wife's severance package to the plaintiff-ex-husband even though they were separated when the severance was given.
It noted that the fact "the parties are separated when an asset is received does not change the general rule that an asset earned during the marriage is part of the marital estate." Since the release agreement defendant executed with her former...
Where insurance business has no market value outside of earnings, the business cannot be distributed as part of marital estate
Holding that the trial court did not err in determining that the plaintiff-husband did not own a business that could be distributed as part of the marital estate, or abuse its discretion in denying the defendant-wife's motion for attorney fees and...
Holding that the trial court did not clearly err in making its findings of fact and that the property division was fair and equitable in light of the facts, the court affirmed the property division. However, it vacated the award of attorney fees to...
The court affirmed the judgment of divorce but remanded for reconsideration of the issues of legal custody and parenting time. On remand, the trial court shall make findings of fact as to each of the statutory best interest factors. On appeal, the...
House owned by husband prior to marriage is considered marital property, because mortgage was paid using marital funds
The court affirmed the trial court's property division. The defendant-ex-husband argued that the trial court erred when it treated his pre-marital equity in the marital home as marital property, rather than as his separate property. The parties...
Where party's attorney coerced him into settlement, but division of estate is not unconscionable, settlement agreement not set aside
The court held that the defendant-husband failed to establish grounds for setting aside the parties' settlement agreement as to the division of the marital estate. Further, the settlement was not on its face substantively unconscionable. However,...