During divorce proceedings, Michigan family courts are faced with the question of what constitutes a fair and equitable settlement. Every marriage is unique, with varying assets, socioeconomic statuses, family sizes, and more. Naturally, every divorce is different as well. What’s fair in one situation may not be in another.

Michigan case law governs the evidence a judge should consider when determining how to divide marital assets (and debts) and calculating the amount of support one party receives, if any. The “Sparks Factors” originate from the Michigan Supreme Court case Sparks v. Sparks (1992) and represent categories of evidence that a judge will consider when making a decision.

1.      The length of the marriage;

2.      The contributions of the parties to the marital estate;

3.      The age of the parties;

4.      The health of the parties;

5.      The life status of the parties;

6.      The necessities and circumstances of the parties;

7.      The earning abilities of the parties;

8.      The past relations and conduct of the parties;

9.      General principles of equality and fairness.

Mediation Instead of Trial

Mediation is an effective way to reach a fair settlement if both parties want to avoid a lengthy and costly trial. Divorce court judges often order parties to mediate property division disputes, simply because mediation resolves a large number of the issues. It involves both parties and their attorneys, working with a neutral third-party attorney hired to act as the specially trained mediator, to resolve the problems outside of court. Michigan family courts often order parties to attempt mediation to see if they can work out a settlement themselves, rather than going to trial. When the judge issues an order to mediate, the mediator is typically agreed upon by both attorneys; however, the judge will decide if the divorce attorneys are unable to select one themselves. Decades of experience mediating divorce cases help the attorneys choose a mediator who is the best fit for each particular case. The best family law attorneys understand that selecting the right mediator is key to achieving a favorable resolution in each property settlement. This process tends to be less adversarial and often leads to better long-term outcomes, especially when children are involved.

Stay Informed

Being educated about the divorce process can make a significant difference. Understanding how property is divided and how support is calculated can help you engage more productively while working with your attorney on your divorce case. Fairness in divorce isn’t just about numbers. It’s about making thoughtful, strategic decisions based on your unique circumstances and supporting your ability to move forward.

Why Legal Advice Matters

Consulting with a top rated family law attorney in Michigan can give you a clear picture of what you should do and what to expect based on the specifics of your case realistically. At The Kronzek Firm, one of our experienced attorneys can evaluate your specific circumstances and advise you on divorce-related issues such as:

• Division of the marital home and other real property
• Division of assets
• Which outside experts need to be brought into your divorce case (appraiser, accountant, vocational analyst, private investigator, etc)
• Spousal support (alimony)

We can advise you on what’s realistic and what’s worth negotiating for. Our lawyers bring decades of experience handling complex issues, and our collective insight can help you achieve the outcome you desire.

📞 Our attorneys have assisted thousands of Michigan clients for over 30 years. You can reach all of our offices 24/7 by calling 800-576-6035 or by emailing us at contactus@kronzek.law.

[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]