There is confusion among clients and even some lawyers of the role fault plays in a divorce. Which beg’s the question: Does it matter if the divorce is your fault?
The answer to the question is it may.
Michigan No-fault divorce
It is important to understand what no-fault divorce actually is. No-fault divorce is the law that defines the legal basis for obtaining a divorce. Prior to January 1, 1972, every divorce required a reason to get divorced such as the divorce is your fault because of cruelty or adultery etc.
On January 1, 1972, the Michigan no-fault divorce statute became law abolishing the requirement to point fingers (e.g. the divorce is your fault). The Michigan no-fault divorce statute simply provides that the following phrase is an adequate basis to obtain a divorce:
“There has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and
there remains no reasonable likelihood that the marriage can be preserved.”
The Michigan no-fault statute did not abolish fault in Michigan divorce cases.
If the divorce is your fault (or their fault) it can still play a role in the outcome of your Michigan divorce cases in these three areas:
- Fault can play a role in the award of property;
- Fault can play a role in the award of alimony; and
- Fault can play a role in child custody and parenting time.
While most divorce cases resolve without consideration of fault, the facts remain that fault can (and does) play a role in many Michigan divorce cases.
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About Findling Law:
I have been in practice for almost 20 years and practice exclusively in divorce and family law. My practice includes several attorneys who share the core value of practicing law to help people navigate change in their life, without compromising principles. We have extensive experience in high socio-economic, high profile and high conflict cases which has nurtured a skill set applicable to all divorce and family law cases regardless of socio-economic status. We recognize that it is the application of the law that is most important aspect of practice. That is why we provide more free information on divorce and family law than any other Michigan law firm.
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By: Daniel Findling