Martinez Family Law, PLLCFindLaw IM Template2026-11-09T01:08:28Zhttps://www.jenniphermartinezlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1104938/2025/07/cropped-New_Logo_Fav-32x32.pngOn Behalf of Martinez Family Law, PLLC<![CDATA[Separating possession and equity during a divorce]]>https://www.jenniphermartinezlaw.com/?p=2565242026-11-09T01:08:28Z2026-11-09T01:08:28Zreasonable or equitable arrangements for dividing their marital estate accordingly.
The home where they live together represents not just their current residence but also potentially their largest shared asset. It may also be the source of their largest joint debt. Spouses need to address not just possession of the marital home when they divorce, and also how they’ll handle equity.
Possession relates to living in the home
Possession of the home is the ability to legally reside there. The spouse with possession of the home after the divorce can stay at the property or can even decide to sell it after the courts finalize the divorce. Who retains possession depends on factors ranging from the custody agreement for the couple's children to pre-existing connections to the property before the marriage and the ability to afford the house after the divorce.
Equity, on the other hand, is the financial value accumulated in the home through the down payment, monthly mortgage payments, market appreciation and improvements to the property. The more equity spouses have accrued, the more likely it is that the spouse retaining possession may need to refinance. It is also possible to offset the value of the home with other marital assets.
Spouses need to be ready to address not just possession or staying at their home but also equity or the financial value of the property. Working with an attorney is important when trying to address key assets during a divorce to this end, given all that is at stake.]]>On Behalf of Martinez Family Law, PLLC<![CDATA[3 potential benefits of filing a no-fault divorce]]>https://www.jenniphermartinezlaw.com/?p=2565222026-10-20T14:58:17Z2026-10-20T14:58:17Z1. Reduced preparation demands
In a fault-based divorce, people not only need to present financial evidence and documentation regarding parenting dynamics, but they also need to have proof of misconduct severe enough to warrant a divorce filing. It is much easier to prepare for a no-fault divorce where the focus is on addressing practical details of the divorce rather than who is to blame.
2. Less conflict
When one spouse faces a formal accusation of causing the end of a marriage, they may want to defend themselves. Conflict levels can be high in any divorce, but fault-based divorces can feel like a personal attack. The chances of a highly contentious divorce increase in scenarios where one spouse attempts to place the blame for the marital breakdown on the other.
3. A faster divorce
The more time that couples spend in court, the more they pay to end the marriage. When one spouse initiates a no-fault divorce, the elimination of fault-related proceedings can streamline the divorce process. Couples may be able to divorce more quickly and may therefore pay less for the divorce overall.
Understanding why so many people pursue no-fault divorces can help people make rational decisions when the time comes to take legal action to end a marriage. The support of an attorney is important for those preparing for a no-fault divorce, given all that is at stake.]]>On Behalf of Martinez Family Law, PLLC<![CDATA[Lawmakers weigh changes to improve Michigan family courts]]>https://www.jenniphermartinezlaw.com/?p=2565202026-10-19T15:36:01Z2026-10-19T15:36:01ZWhat changes are included in the legislation?
Now Michigan lawmakers are considering legislation that would require specialized training or experience in family law for Michigan judges who handle family law cases. One survey found that over 90% of Michigan voters support this training.
The proposed legislation would also implement a “one family, one judge” system where the same judge hears all matters related to a family. The way the courts work now, that’s not always the case.
One advocate for the changes says, “We have families that are on their third, fourth, or even fifth judge just to finish one proceeding. Every time a new judge comes in, the families have to tell their whole story all over again.” Further, the legislation would keep family law judges in that division rather than rotate them among other divisions.
Better, more consistent rulings
Attorneys and the State Bar of Michigan’s Family Law Section officials who support the legislation have complained of inconsistent rulings and of some judges not following the law – leading them to win a case on appeal. The head of the Family Law Section says, “Families deserve a system where judges understand the complexities of these cases and can provide consistent, informed decision-making.”
The proposed legislation is still in committee, so it has a way to go before being voted on by the entire state legislature and presented to the governor for approval. However, the calls for these changes remain strong.
In the meantime, it’s important for those dealing with family law matters to do everything possible to protect their rights and to present the strongest possible case, whether they’re going through a divorce, seeking a modification of an agreement or considering appealing a decision. Having experienced legal guidance can make all the difference.]]>On Behalf of Martinez Family Law, PLLC<![CDATA[What if a soon-to-be ex is “dissipating” marital assets?]]>https://www.jenniphermartinezlaw.com/?p=2565182026-09-28T23:55:07Z2026-09-28T23:55:07ZHow do spouses dissipate marital assets?
There are a number of ways in which a spouse can dissipate assets. These include:
Giving marital assets to others
Neglecting or destroying assets to decrease their value
Running up credit card debt on personal luxuries, travel or gifts (often involving a new boyfriend or girlfriend)
Making reckless investments or engaging in excessive gambling
Certainly, people going through a divorce have to continue to spend money on living expenses and even special occasion purchases. However, they should not be intentionally spending or risking large amounts of marital assets with the intention of having less to split.
Why are the remedies if a spouse is dissipating assets?
It’s critical for anyone who believes or has evidence that their spouse is dissipating marital assets to make the court aware of it as soon as possible. The longer they wait, the more money they can lose.
A judge can issue an injunction, freeze or limit the use of credit cards and accounts by one or even both spouses to limit the loss of assets as the divorce proceeds.
A judge can also use Michigan’s equitable distribution law to see that the non-dissipating spouse receives a larger settlement to make up for the losses. The law states that the judge may do so by “restoring to either party the whole, or such parts as it shall deem just and reasonable, of the real and personal estate that shall have come to either party by reason of the marriage , or for awarding to either party the value thereof, to be paid by either party in money.”
Getting experienced legal guidance even before the divorce process begins can help prevent or at least limit the risk of certain potentially consequential financial action taken by the one’s spouse, including hiding or dissipating assets. In this regard, seeking support promptly can help Michigan residents protect what is theirs.]]>On Behalf of Martinez Family Law, PLLC<![CDATA[3 ways to address a pension during property division negotiations]]>https://www.jenniphermartinezlaw.com/?p=2565062026-09-16T14:23:00Z2026-09-16T14:23:00Z1. Splitting the pension
Depending on how a company structures and distributes a pension, it is possible to split the pension directly. The use of a qualified domestic relations order (QDRO) provides the other spouse with a portion of the pension in an account in their name.
2. Requesting alimony
Alimony, also known as spousal support, requires that one spouse provide regular financial support for the other after the end of the marriage. The courts can use alimony as a means of balancing the value of a pension during property division proceedings.
3. Using other assets or debts
When directly splitting a pension may not be a viable solution, people have the option of instead determining what portion of the pension benefits that are marital and then using other marital property or shared debts to make the final distribution of resources as far as possible. Home equity, business holdings, vehicles and financial accounts are some of the resources that can offset the financial impact of one spouse retaining a pension.
Working with an experienced divorce lawyer makes it easier for people close to retirement age to handle negotiations effectively and push for terms that are reasonable given their marital circumstances. Every couple requires unique solutions, making an open mind and understanding of the process both critical for successful divorce negotiations.]]>On Behalf of Martinez Family Law, PLLC<![CDATA[How soon do you need to respond to a divorce petition?]]>https://www.jenniphermartinezlaw.com/?p=2565022026-08-24T16:21:39Z2026-08-24T16:21:39ZThe first step to a divorce case in Michigan is for one person to file the divorce petition and serve their spouse. This informs their spouse about the intent to divorce and gives them a chance to consider the terms.
If that person is served in Michigan and in person, then they typically have 21 days before they need to file their answer. The divorce case cannot move forward until they have done so.If the person was out of the state or received the petition by certified mail, this can increase the amount of time they have. Often, they will then be given 28 days to respond, as opposed to 21.
What if they did not respond?
If someone’s spouse does not respond to the divorce petition, the court observes a 90-day waiting period. After this timeframe has elapsed, the court can still issue a default judgment in the divorce case, even if that spouse never answers the initial petition.
The divorce waiting period
Finally, it is important to note that Michigan does have a mandatory waiting period for divorce cases. For those who do not have minor children, whether they are going through an uncontested or a contested divorce, there is a 60-day waiting period. For couples that do have minor children, this waiting period is then extended to six months. Even if someone responds to the divorce petition quickly, the waiting period must still be observed before the divorce can be finalized.It is important to be aware of deadlines and legal procedures when going through a divorce in Michigan. An experienced attorney can help couples explore all of their legal options.
]]>On Behalf of Martinez Family Law, PLLC<![CDATA[Addressing a shared mortgage during divorce]]>https://www.jenniphermartinezlaw.com/?p=2565002026-08-16T00:34:13Z2026-08-16T00:34:13ZRefinancing is often necessary
In some cases, neither spouse can afford the home or manage it on their own. Other times, the emotional impact of divorce may leave both spouses wanting a fresh start. In such cases, spouses may agree to sell their homes, and they can share the proceeds from the sale process.
If one spouse intends to keep the home and there is still a balance due on the mortgage or if they intend to withdraw equity as a means of compensating the other spouse, then they may need to apply for a mortgage on their own.
Mortgage refinancing often occurs after the courts finalize the terms for property division and the divorce itself. The spouse receiving an equity payout typically signs a deed, and the spouse keeping the home then moves forward with the refinancing process.
Knowing what to expect can make it easier to divide marital assets. For homeowners, support while making financial and legal decisions can provide a better foundation for rebuilding after post-divorce.
]]>by Martinez Family Law, PLLC<![CDATA[Marital or separate? How Michigan courts classify property]]>https://www.jenniphermartinezlaw.com/?p=2564982026-08-03T18:04:43Z2026-08-03T18:04:43ZFactors courts consider when classifying property in a divorce
Michigan courts review several factors to decide whether an asset is marital or separate property. These factors include:
When the asset was acquired: Courts usually consider property gained during the marriage as marital property. Property owned before the marriage generally remains separate property.
The source of the asset: Courts look at how a spouse obtained the asset. Retirement benefits earned during the marriage are generally considered marital property to the extent they accrued during the marriage. Gifts and inheritances given only to one spouse are separate property.
Ownership records: Courts review deeds, purchase documents, account statements and inheritance records to confirm an asset’s ownership history.
Financial records: Courts examine bank statements, investment records and other documents to determine whether separate property stayed separate or became part of the marital estate.
A divorce attorney can review asset records and help determine whether property is marital or separate under the law.
When separate property becomes subject to division
Separate property usually remains with its original owner in a Michigan divorce. However, courts may consider these assets during property division in certain situations, including:
Commingled assets: Separate property may become subject to division if it is commingled with marital assets to the extent that it can no longer be clearly traced as separate property.
Use of separate funds: Separate funds used to buy, repair or improve marital property may affect how the asset is classified or divided.
Spousal contributions: A court may consider whether a spouse's contributions significantly increased the value of separate property when determining whether any portion should be subject to division.
Need for support: In limited circumstances, Michigan courts may award part of one spouse's separate property if the marital estate is insufficient for suitable support or if the other spouse significantly contributed to acquiring, improving or accumulating the property.
Clear records help courts determine how separate property should be handled during a Michigan divorce.
Making informed property decisions
Divorce property decisions can affect financial security for years to come. Taking early steps and getting legal guidance can help prevent costly mistakes. A divorce attorney can explain property division issues and help protect your financial interests.]]>On Behalf of Martinez Family Law, PLLC<![CDATA[Do your sacrifices during the marriage matter in divorce?]]>https://www.jenniphermartinezlaw.com/?p=2564952026-07-22T02:58:40Z2026-07-22T02:58:40ZThe law in Michigan
In Michigan, marital assets are divided according to what the court deems fair under the circumstances. Judges consider various factors when determining this, such as the length of the marriage, each spouse’s earning capacity and employability, their contributions to the marriage and any other factors the court believes are necessary to achieve an equitable division.
Your non-financial contributions matter
It’s worth noting that a spouse's contributions to a marriage are not measured solely by a paycheck. Courts generally recognize that marriages function as partnerships, with spouses often contributing in different but equally important ways.
A spouse who devoted significant time and energy to maintaining the household or supporting the other spouse's professional success may have sacrificed opportunities to develop their own career and increase their earning capacity. Courts may take such non-financial contributions into account when determining a fair division of marital property.
Every situation is unique
Under Michigan law, there is no formula that assigns a specific dollar value to personal sacrifices made during a marriage. Every divorce is different, and courts assess these issues on a case-by-case basis. Therefore, it’s important to present a well-supported argument backed by relevant evidence.
If you are concerned that your efforts and sacrifices may be overlooked during divorce, obtaining experienced legal guidance can help you better understand how Michigan law may apply to your specific situation and what steps you can take to protect your interests moving forward.]]>On Behalf of Martinez Family Law, PLLC<![CDATA[Are retirement savings separate property in Michigan divorces?]]>https://www.jenniphermartinezlaw.com/?p=2564922026-07-03T13:03:48Z2026-07-03T13:03:48ZMarital income is usually marital property
The Michigan family courts do not automatically defer to account ownership records when determining the nature of specific assets. Both assets and debts held in the name of one spouse can still be marital property that technically belongs to or is the responsibility of both spouses.
When one spouse has a retirement savings account, any contributions made during the marriage are likely marital property that they may need to report to the courts and address in the property division process. Spouses do not necessarily need to split the retirement savings account, so long as they determine what the marital portion of the account is and work that figure into the overall property division process.
Working with an experienced divorce attorney can help people understand how to approach their most important resources. Retirement savings and other assets held in the name of one spouse are often marital property that spouses must divide when they divorce.]]>