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3Feb/120

Financial Hurdles During Divorce

The financial and child related aspects of any divorce are usually the most challenging to resolve.  From a financial perspective, assessing assets and sources of income affect how you determine child support, spousal support, and property division.  In addition, child support relates to child custody, based on which parent has physical custody of the child.  In some cases, couples arrange for joint physical and legal custody, equally sharing responsibilities and expenses.  Sterling Heights divorce attorneys can work with clients in Warren, Clinton Township, and throughout Michigan to help them overcome obstacles in resolving divorce issues.

Case law and Michigan property division

Case law frequently determines how courts rule on disputes about property division.  For the most part, when couples reach property division agreements outside of court, Michigan courts abide by their decisions.

A case in point that established this precedent is one heard by the Michigan Court of Appeals in 1990 called Keyser v. Keyser 182 Mich. App. 268 (1990) 451 N.W.2d 587.  In this case, the court’s decision cited several earlier cases when determining that a settlement should only be voided on satisfactory evidence of mistake, fraud, or unconscionable advantage.  It also cited Keeney v. Keeney, which relied on a case finding that the property settlement provisions of a divorce decree or judgment may not be set aside, modified, or altered in the absence of fraud, duress, or mutual mistakes, or for such causes as any other final decree may be modified.

Seek legal help to deal with disputed divorce issues

Sometimes finances are in dispute, such as one spouse believing that the other has hidden actual income or assets.  Or disagreements can arise over how the other spouse has characterized the value of assets.  These determinations can greatly change child support calculations and other financial considerations pertinent to divorce.  Child support lawyers prove invaluable for protecting your interests in Sterling Heights, Warren, and Clinton Township.  If you have disputed custody, support, or property division issues contact an experienced divorce lawyer for guidance.

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