DivorceMag: Michigan FAQs

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Frequently Asked Questions About Divorce

"I want to litigate my divorce to get sole custody and my fair share of the property. My lawyer insists it would be better to negotiate outside of court. I strongly disagree. What should I do?"

Divorce lawyer Ronald Bookholder answers: "It is not uncommon for clients to want to litigate and have their day in court. For many, this is their chance to express their frustration and anger with their spouse and …

"A spouse has just served me with divorce papers and I am going to see an attorney. What can I expect will happen to me in the divorce?"

The role of the lawyer in educating you is a multi-faceted process. The client needs to provide information to the lawyer, personal and financial, that enables the lawyer to understand your situation. Lawyers need...

"How does one go about determining if financial assets are separate property (owned by one spouse) or community property (owned by both spouses) in a divorce?"

Forensic accountant and Business Valuator, Cathleen Collinsworth answers: "My has been involved in many cases of tracing the separate property of an individual spouse throughout a marriage. One such case involved almost two million dollars in deposits over a ten-year period in thirteen different accounts. The scope of the assignment was to show that the community did not have an interest in one particular bank account, regardless of how title was held.

While this process can seem tedious and overwhelming, we have compiled a list of tasks, which make the tracing faster and easier. The following process was followed in resolving the above-mentioned case, and represents the general system used in all cases:

Inventory all pertinent documents.
Determine what documents are missing and or still needed.
Prepared a document request.
Schedule each disbursement and each deposit for all related bank accounts..."

"I want to keep the house but I'm afraid I won't be able to afford it over the long term. How can I be sure?"

CPA and CFP Ginita Wall answers: "A home is often the largest marital asset. It is also the most difficult to divide. It is natural to want to keep the home. After all, home is where the heart is, and it is also the place that people feel most secure. But before you decide keep it, be sure that you are thinking clearly on the subject, and wanting to keep it for the right reasons. Here are a few of the wrong reasons:

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Some people want to keep the property because it embodies all the dreams they had for the marriage. They don't want to let those dreams go, but they can't hold onto the marriage, so they hold onto the house instead..."

"If I file for divorce, how can I protect certain assets (family heirlooms, etc.) from my ex?"

Divorce lawyer Stacy Phillips answers: " Just know that the family heirlooms given to you by your family do rightfully belong to you, whether they were given to you prior to your marriage or after you took your vows -- unless, of course, they were a gift to you together with your spouse. Also know that there are steps you can take to make sure there is no confusion when it comes time to divide property with your ex.

As you separate, the first thing you want to do is to make a written "log," listing all of the family heirlooms you owned before your marriage. Next, ask someone to meet you at your home and either photograph these items or videotape them in this witness' presence..."

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