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Michigan is both a no-fault divorce and a fault divorce State

Michigan is both a no-fault divorce and a fault divorce state:  Is Michigan a no-fault divorce state or a fault divorce state?  The answer is both.

Michigan is a no-fault divorce state.

Michigan is a no-fault divorce state as it relates to the grounds for divorce.

Michigan became a no-fault divorce state in January of 1971.  In Michigan, no-fault relates to the grounds for divorce.  Simply put, Michigan will not inquire why you want to get a divorce.  You do not need to allege a specific “ground for divorce”.

The no-fault ground for divorce in Michigan is that there is a “breakdown of the marital relationship to the extent that the bonds of matrimony have been destroyed and that there remains no likelihood that the marriage can be preserved”.  You do not need to allege fault to get a divorce in Michigan.

Michigan is a fault divorce state.

Michigan is a fault divorce state when addressing issues of property division, alimony and custody.

In the division of property in a Michigan divorce, fault can play a role in how marital property is divided.  In one case, the Michigan divorce attorneys at Findling law obtained an award for their client in the approximate amount of 75% of the marital estate because of the fault of a party.

Michigan divorce law also provides for consideration of fault when awarding alimony.  The past relations and conduct of a party can factor into both the amount and duration of alimony awarded.

Finally, custody and parenting time can be impacted by the fault of a party.  For example, introducing a child to a paramour is often negatively looked upon by the courts.

Michigan is a no fault divorce state as it relates to the grounds for divorce.  However, fault can play a role in the division of property, the award of alimony and custody and parenting time considerations.  Many divorce attorneys ignore the issue of fault.  However, fault matters in Michigan.

 

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I have been exclusively practicing divorce and family law in Michigan for over two decades.  The attorneys at Findling Law all share the core value of practicing law to help people navigate change in their lives, without compromising principles.  We specialize in high socio-economic, high-profile and high-conflict cases, while also working with clients of all backgrounds. We recognize that the most important aspect of the practice of law is the application of the law to your specific circumstances.

That is why we provide more free information on divorce and family law than any other Michigan law firm. We want to help you manage your situation. Allow our exceptional legal team to help you navigate the change in your life, without compromising principles.

We want to help you manage your situation. Let our exceptional legal team help you . . .

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Or email me at:   Daniel@Findlinglaw.com

By:  Daniel Findling

Resources:

Michigan divorce property division law:  https://www.thedivorceguy.com/property-division/

Michigan child custody law:  https://www.thedivorceguy.com/kids-custody-and-support/

Michigan alimony law:  https://www.thedivorceguy.com/alimony/

National Council on Family Relations: http://content.csbs.utah.edu/~fan/fcs5400-6400/studentpresentation2009/04DivorceReadingVinsky.pdf

Michigan no fault statute: http://www.legislature.mi.gov/(S(dhf41njmr4sdgd55vryy2ey0))/mileg.aspx?page=GetObject&objectname=mcl-552-6

Findling Law – Divorce Attorney prevail in Court of Appeals:  https://www.thedivorceguy.com/the-fault-of-a-party-is-a-proper-consideration-in-property-division-court-of-appeals-agrees-with-findling-law/

 

5 thoughts on “Michigan is both a no-fault divorce and a fault divorce State

  • My husband wants a divorce on the grounds that he is not happy anymore. He has been married 4 or 5 times and I am maybe his 5 or 6th wife. I notice that he has been drinking a lot and that he gambles a lot also. My question to you is! I get SSD and he retired, we have been married for 8 years, but lived together for 5 years before we got married. Am I entitled to spousal support? and can I have him keep me on his insurance plan?

    17:56

    He is stressing me out by playing this mind game with me…by saying things like I don’t want anything in my name because I still don’t know what I want to do yet.

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