Martinez Family Law, PLLC. FindLaw IM Template 2026-06-02T18:24:20Z https://www.jenniphermartinezlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1103577/2025/07/cropped-New_Logo_Fav-32x32.png On Behalf of Martinez Family Law, PLLC <![CDATA[How can hidden debts affect property division during divorce?]]> https://www.jenniphermartinezlaw.com/?p=256417 2026-05-27T00:24:00Z 2026-05-27T00:24:00Z The nature of the debt influences the outcome When looking at disagreements related to a hidden credit card that one spouse asserts should be part of the property division process, the nature of the debt is often the deciding factor when a judge decides if the spouses share responsibility for that hidden credit card debt or if one spouse is solely responsible for it. If financial struggles meant that one spouse needed a new line of credit to pay the electric bill for the family or buy groceries, then the courts may treat the debt as marital. However, if the debt stemmed from the dissipation of marital assets for purposes that undermined the marital relationship, the judge reviewing the case might decide that excluding the debt from the marital estate is the fairest solution. If one spouse accrued debt due to gambling, adultery or substance abuse, the courts may agree that they should assume sole responsibility for that debt. Debts related to maintaining the households are likely to be the responsibility of both spouses, even if one spouse was not fully honest with the other about their spending habits. Learning more about equitable distribution rules can help people strategize in the early stages of the property divison process. Those who uncover hidden debts may need to look carefully at the nature of those debts to determine if they may share some responsibility for them.]]> On Behalf of Martinez Family Law, PLLC <![CDATA[Can a court refuse to grant an uncontested divorce?]]> https://www.jenniphermartinezlaw.com/?p=256415 2026-05-18T18:11:45Z 2026-05-18T18:11:45Z Many couples pursue an uncontested divorce because it is often faster, less expensive and less stressful than contested litigation. If you and your spouse already agree on major issues, the process may appear simple at first. However, courts do not automatically approve every uncontested divorce filing. Judges still review the case carefully to confirm that both spouses followed legal procedures and voluntarily agreed to the terms.

One spouse does not agree to the divorce

An uncontested divorce requires both spouses to remain in agreement throughout the process. If your spouse changes their mind about ending the marriage or later disputes important issues, the court may refuse to finalize the case as uncontested. Disagreements involving property division, child custody, support obligations or parenting schedules can quickly turn the matter into contested divorce proceedings. In some situations, your spouse may initially cooperate but later stop responding to communications or refuse to sign final paperwork. Courts may also question whether both parties entered the agreement voluntarily. If the judge believes one spouse felt pressured, intimidated or confused about the settlement terms, approval of the divorce may be delayed until those concerns are resolved. Even disagreements that appear minor can prevent the court from granting an uncontested divorce judgment and force it into litigation. 

One spouse does not complete the necessary court filings

Courts require specific paperwork before approving an uncontested divorce. You and your spouse generally must complete all required forms accurately and comply with filing deadlines and procedural rules. Problems often arise when financial disclosures are incomplete, settlement agreements remain unsigned or required parenting documents are missing. Filing mistakes involving residency requirements, service procedures or supporting records may also create delays. In some cases, one spouse may fail to attend required hearings or neglect to submit documents requested by the court. Judges may refuse to finalize the divorce until all procedural requirements have been satisfied properly. Even if you and your spouse agree on all major issues, the court still expects both parties to follow the required legal process carefully. Understanding your responsibilities during a divorce and seeking legal guidance may help you avoid delays, rejected filings and unnecessary complications before the final order is entered.]]> On Behalf of Martinez Family Law, PLLC <![CDATA[Divorce and asset and property division fundamentals to know]]> https://www.jenniphermartinezlaw.com/?p=256409 2026-05-02T21:44:51Z 2026-05-02T21:44:51Z Divorce involves more than just emotional decisions, with one of the most important parts of the process being understanding how property and assets will be divided between both parties. Property division during divorce can be complex because it includes not only physical assets but also financial accounts, debts and long-term investments. 

1. How property is classified

The first step in property division is identifying what belongs to the marriage and what remains separate. Marital property usually includes assets and debts acquired during the marriage, regardless of whose name is on them. Separate property typically includes assets owned before the marriage or received as gifts or inheritances. However, if separate property becomes mixed with marital assets, it may be treated differently during division.

2. Understanding equitable distribution

In Michigan, property is divided based on equitable distribution, which means that assets are divided in a way that is fair, but not necessarily equal. Courts consider several factors such as each spouse’s financial situation, contributions to the marriage and future needs.

3. Dividing debts and financial obligations

Property division also includes debts that may involve mortgages, credit cards, personal loans or other liabilities. Some debts may be shared, while others may be assigned to one spouse based on how they were incurred. Understanding these responsibilities is essential for planning your financial future after divorce.

4. Considering settlement agreements

Many couples in East Lansing choose to settle property matters outside of court because a settlement agreement allows both parties to decide how assets and debts are divided. This approach can save time, reduce stress and provide more control over the final outcome. In many instances, courts approve agreements if they are fair to both sides.

Final thoughts

Understanding property division fundamentals is essential when going through a divorce because it helps you make informed decisions and protect your financial interests. Seeking professional and reliable legal guidance can provide clarity on your rights, help you navigate complex assets and ensure that any agreement reached supports your long term stability.]]> On Behalf of Martinez Family Law, PLLC <![CDATA[Joint business owners and divorce in Michigan]]> https://www.jenniphermartinezlaw.com/?p=256407 2026-04-15T11:48:55Z 2026-04-15T11:48:55Z Divorce gets complicated for joint business owners. Many couples start businesses together when their marriage is relatively stable, and it makes sense for them to become business partners. But if they head toward a divorce and they jointly own that business, they have to address it during property division. Many couples are worried that they will have to sell the business due to the divorce, and that is one potential outcome. After all, selling it converts the business into a financial asset. It is then relatively easy for the couple to split up that asset during property division, dividing the proceeds from the sale of the business. But it is not mandatory to sell the business, and there are ways to keep it long-term. Below are two other options to consider.

Continuing to work together

For one thing, for couples who are still on good terms, they can just become business partners. Getting divorced does not mean they have to change anything with their employment situation. They can just draft a partnership agreement and keep working together. Property division is still satisfied because they both still jointly own the business.

Buying out the other person’s share

If the couple does not want to work together after divorce, it is sometimes possible for one person to buy out the other’s ownership share. They may get investors or take out business loans to facilitate this purchase. They may also agree to give up other marital assets, like investments or retirement savings.

Navigating property division

This helps to demonstrate three of the main options you have as joint business owners going through a divorce in Michigan. Consider them carefully as you look into your legal rights during property division.]]> On Behalf of Martinez Family Law, PLLC <![CDATA[Addressing non-liquid assets when dividing the marital estate]]> https://www.jenniphermartinezlaw.com/?p=256395 2026-03-28T21:13:04Z 2026-03-28T21:13:04Z What solutions are available? Non-liquid assets by their very nature can be difficult to divide when spouses divorce. They may not actually be divisible because the spouses may not be able to access them for a set amount of time. Attempts to access non-liquid assets could result in a substantial reduction in value due to taxes, penalties and provisions included in investment agreements. As such, spouses frequently need to identify their non-liquid assets early in the divorce process and establish a reasonable fair market value for them. These can include real estate, ownership of a business, private equity and valuable collectibles. From there, they can decide which spouse retains their non-liquid holdings and find solutions for offsetting their value in a fair manner. The allocation of marital debt can also play a role in balancing the value of non-liquid assets during a divorce. Non-liquid assets can be a stumbling block during property division negotiations or litigation. Having experienced legal guidance during a high-asset divorce can help spouses protect themselves]]> On Behalf of Martinez Family Law, PLLC <![CDATA[Who qualifies for an uncontested divorce in Michigan?]]> https://www.jenniphermartinezlaw.com/?p=256393 2026-03-12T15:03:59Z 2026-03-12T15:03:59Z eligible for uncontested divorces. They work together instead of battling one another in family court. Uncontested divorces may provide spouses with enhanced control over the final terms set, a faster divorce timeline and potentially reduced overall divorce expenses. Which couples may be able to pursue uncontested divorces?

Those with prior agreements

Prenuptial agreements are no longer as controversial as they once were. Many younger couples and those with blended families have prenuptial agreements. Others may draft postnuptial agreements when their circumstances change. They can use the terms of those contracts to guide an uncontested divorce.

Those who settle

Most couples do not have a marital contract. They may disagree about how to divide property and other key elements of their divorces. In those circumstances, they may be able to settle matters by working with one another outside of the court system. Provided that they reach an agreement, they can move forward with an uncontested divorce. As a closing note, those preparing for a default divorce because their spouses have failed to respond to their legal service can also potentially pursue uncontested divorces. Learning more about Michigan divorce proceedings can help people choose the most effective path forward. Litigation can be helpful in some cases, but many spouses can resolve their disagreements to qualify for uncontested divorces.]]> On Behalf of Martinez Family Law, PLLC <![CDATA[Don’t let emotions rule during property division]]> https://www.jenniphermartinezlaw.com/?p=256391 2026-03-02T11:30:33Z 2026-03-02T11:30:33Z Property division is often one of the most difficult aspects of going through a divorce. The law focuses on classifying and distributing the marital estate, including the assets and debts, but that’s only one part of the process.  Marital assets include anything that you and your soon-to-be ex acquired during the marriage. Some of those include ones that have significant emotional meaning. Oftentimes, the marital home is one of the largest assets, but it is one that likely has a lot of memories.  As you’re going through the property division process, you must ensure that you’re thinking about the logical side of the division. It’s all too easy to start to think about the emotional ties and let those rule your decisions, but that may work against your best interests. 

Keep your mind on the money and the future

Many marital assets have a cost associated with keeping them. Remembering those costs and knowing how they will affect the budget you will have as a single person may help you to determine how to handle specific points of the property division process. It may be beneficial to have your budget set before you embark on property division.  It’s crucial to be realistic about the costs that you may face if you keep specific assets. For example, the marital home may come with a mortgage, property taxes, insurance premiums, maintenance costs and repair bills. If those will put too much pressure on the budget, it might be best to let the house go.  Understanding every option that you have for property division can be beneficial, so you can evaluate each one and determine how to move forward. Working with someone who can assist you throughout this process might help to minimize your stress. ]]> On Behalf of Martinez Family Law, PLLC <![CDATA[What happens to a 401(k) during a divorce?]]> https://www.jenniphermartinezlaw.com/?p=256388 2026-02-13T09:58:14Z 2026-02-13T09:58:14Z There are many benefits to funding a 401(k). Frequently, well-compensated individuals can make enough contributions to reduce their annual income tax liability. Additionally, they may be eligible for employer-matching amounts.  They can accumulate savings much more quickly than they might if they simply set aside a portion of their resources into a designated savings account. Married couples may expect to pull funds from a 401(k) during retirement. However, those plans may shift dramatically if either spouse files for divorce.  What typically happens to a tax-deferred retirement savings account, such as a 401(k), during a Michigan divorce? 

The account may be subject to division

Professionals who have saved for retirement for years may be under the misconception that a 401(k) is their separate property. They may not think it is subject to division when they divorce.  However, being the sole owner of the account does not make it separate property, and neither does making contributions before the marriage began. Spouses may need to go over the deposit history for the account to calculate what amount of the balance is separate property from before the marriage and what is marital property.  They can then use that marital portion of the account when negotiating terms for other assets. The use of the right documentation allows for the division of the account without income tax consequences or a 10% penalty.  Spouses who understand property division rules can advocate for the best possible terms and protect key resources during divorce. Setting specific goals and discussing concerns with a family law attorney can help people navigate divorce with fewer secondary losses.]]> On Behalf of Martinez Family Law, PLLC <![CDATA[Can a spouse ignore service of a divorce petition?]]> https://www.jenniphermartinezlaw.com/?p=256386 2026-02-03T12:15:19Z 2026-02-03T12:15:19Z Ignoring service may lead to a default The party filing for divorce must submit paperwork to the courts. Those documents include proposed terms for property division, financial support and child custody. The filing spouse must also provide those documents to the other spouse to advise them of the upcoming legal matter. The responding spouse can accept the proposed terms or counter them. If they do not respond, then the spouse who filed can petition the family courts for a default judgment in their favor. Provided that there is proof of in-person service, the responding spouse typically only has 21 days in most cases to respond to the initial divorce petition. The failure to do so can result in the filing party moving the process forward without their involvement. Those concerned about the terms of a recent divorce petition or fearing a protracted process may need the support of a family law attorney. Learning about the Michigan divorce process can help to give people the confidence they need to file and improve their lives.]]> On Behalf of Martinez Family Law, PLLC <![CDATA[How NFTs affect property division in a Michigan divorce]]> https://www.jenniphermartinezlaw.com/?p=256384 2026-01-28T19:08:41Z 2026-01-28T19:08:41Z As digital assets become more common, some Michigan couples are discovering that their property division issues now include items that did not exist a decade ago. Non‑fungible tokens, or NFTs, are one example.  These digital items can represent artwork, collectibles, or other unique files stored on a blockchain. When a couple divorces, NFTs can raise questions about ownership, value and disclosure.

How Michigan treats marital property

Here, property acquired during the marriage is generally treated as marital property, which includes digital assets. If one spouse purchased an NFT during the marriage, it may need to be identified, valued and divided like any other investment.  The challenge is that NFTs do not behave like traditional assets. Their value can rise or fall quickly, and the market for them can be quite volatile. This makes it harder for couples to determine a fair value during the divorce process.

Other challenges with NFTs

Another issue is locating the NFTs in the first place. These assets are stored in digital wallets, and some spouses may not even realize they exist. Others may not understand how to access them.  Because Michigan requires full financial disclosure, both spouses must list any NFTs they own, along with the information needed to verify their existence. Digital wallets, transaction histories, and purchase records can all play a role in confirming ownership.

Verify and authenticate

NFTs rely on blockchain technology to verify authenticity and ownership, which is part of what gives them value. This same technology can also help track when an NFT was purchased, which may be important when determining whether it is marital or separate property. Understanding how NFTs work and how they are split in divorce can add clarity to the property division process.]]>