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Marital property gets divided in your divorce. Most property you or your spouse got during your marriage is marital property. If there is a title or deed, it does not matter whose name is on it. It is still marital property unless it was a gift or inheritance.
A divorce begins with a written legal document called a complaint. The person who files is the ?Plaintiff? and the other spouse is the ?Defendant.? The divorce complaint is filed with the Family Division of the Circuit Court in the county where the parties reside and assigned to a family court judge randomly.
The division of property during a divorce in Michigan is not strictly a 50/50 arrangement. Instead this is decided based on what the judge determines to be equitable for both parties ? legally referred to as ?equitable distribution?. This is often the most contentious portion of divorce proceedings in Michigan.
The first step is to file a Complaint for Divorce. The Complaint must also state that the party filing the Complaint has lived in Michigan for 180 days and in the county in which they are filing for 10 days. You will need to sign the Complaint for Divorce.
Does it matter who files for divorce first in Michigan? No, from a legal perspective, it does not matter who files first for divorce in Michigan. However, filing first does present an opportunity for the initiating party to request various orders to the court before your spouse is notified of the divorce proceedings.