Michigan is a No-Fault Divorce State - What Does That Mean for Divorcing Couples?

 Posted on June 02, 2023 in Divorce

Going through a divorce can be emotionally challenging and legally complex. In Michigan, couples will pursue a no-fault divorce, meaning the spouses will not need to assign fault for the marital breakdown. If you are getting divorced, you will not be required to list adultery, abuse, or other fault-based reasons on the divorce petition to be granted a divorce. However, fault can still affect the outcome of a Michigan divorce case. 

What is a No-Fault Divorce?

In Michigan, a no-fault divorce is based on the concept that the marriage has irretrievably broken down, and there is no reasonable likelihood of reconciliation. To initiate a no-fault divorce in Michigan, one spouse will file a Complaint for Divorce with the appropriate county court. The complaint outlines the reasons for seeking divorce and may include requests for child custody, support, and property division.To file for divorce in Michigan, at least one spouse must have resided in the state for a minimum of 180 days before filing. Additionally, the divorce must be filed in the county where either spouse currently resides or where the couple last resided together.

Negotiation Of Divorce Issues

During the divorce process, both spouses are encouraged to negotiate and reach agreements on various issues, such as the division of marital property. Mediation or collaborative divorce methods can be utilized to facilitate productive discussions and achieve mutually satisfactory outcomes.
Michigan courts also ask parents to work together to create a mutually agreeable parenting plan. This plan outlines each parent’s responsibilities and the amount of time each parent spends with the child.
If divorcing spouses are unable to reach an agreement on one or more divorce issues, the court will step in and make a decision for the couple. 

Courts May Consider Fault When Determining Divorce Terms

Although Michigan is a no-fault divorce state, marital misconduct can still impact the outcome of the divorce. If the court determines the terms of the divorce, fault for the marital breakdown may be taken into consideration. For example, if a spouse committed adultery, the court may consider this when deciding how to distribute marital property or determining how much spousal support a spouse receives. 

Contact a Novi, Michigan Divorce Lawyer 

If you are considering a no-fault divorce in Michigan, dial 248-344-9700 to connect with our Northville divorce attorneys at Elkouri Heath, PLC. We will work closely with you to understand your unique situation and provide guidance with the legal process.

Source: http://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-R-S-1846-552-1-84-DIVORCE