What Does No-Fault Divorce Mean in Michigan?

 Posted on December 11, 2024 in Divorce

If you are considering getting a divorce in Michigan, you may have pressing concerns about how fault will play a role in the court proceedings if one party caused the breakdown of the marriage. Every state has its own interpretation of fault during a divorce, and Michigan allows for couples to separate without needing to cast blame to one side.

However, this does not mean Michigan courts will ignore marital misconduct in all cases. The skilled Michigan divorce lawyers at Elkouri Heath, PLC are ready to protect your best interests throughout your divorce and, if necessary, make a case that your spouse’s misconduct should impact the outcome of the divorce settlement.

What Is No-Fault Divorce?

Michigan has been a no-fault divorce state since 1971. This means that neither spouse has to prove that misconduct occurred to initiate a divorce and that a divorce does not require mutual agreement to be initiated. This allows for less fraught, more amicable separations if a married couple decides a divorce is in their best interests. In all cases, a couple in a no-fault divorce can cite irreconcilable differences as a reason for separating.

Most states have adopted a no-fault divorce model, but many also recognize the importance of bad behavior and allow spouses to be penalized in alimony or asset division for their part in a marriage ending. Although Michigan does not officially recognize fault-based divorces, marital misconduct can still play a role in a judge’s ruling on certain issues.

What Will a Judge Consider?

To clear up any confusion, Michigan is still strictly a no-fault divorce state, and you can initiate a divorce without needing to formally blame yourself or your spouse. However, in the division of property, a judge will factor in fault when making a decision to award spousal support (alimony) or asset division. Examples of fault include:

• If one spouse spends a significant amount of time in jail or prison.

• If one spouse intentionally abandons the other for a long period.

• If one spouse has a proven record of abusing the other.

• If one spouse cheated on the other at any point during the marriage.

Michigan is an equitable distribution state, meaning that assets and alimony are distributed on the principles of fairness rather than equality. As such, if a judge agrees that some fault occurred, it may result in the guilty party receiving a lesser share of assets or wealth. However, it is unlikely that fault will be the only factor at play.

Contact an Oakland County, MI Family Law Attorney Today

While Michigan is a no-fault divorce state, you should know that a judge may be influenced by factors that would constitute fault in other states. A skilled Novi, MI divorce attorney can stand up for your best interests in court. At Elkouri Heath, PLC, our attorneys have over 20 years of experience helping clients through the challenges of divorce and are skilled in both mediation and litigation. To schedule a free consultation, call our offices at 248-344-9700 today.