What is a no-fault divorce?
The term no-fault divorce means that you don’t have to prove that one party is at fault in order to get a divorce in Michigan. Historically, the court would not grant a divorce unless one party was able to prove someone was at fault (domestic violence, excessive drinking, infidelity etc.). Now, the Court will grant a divorce if one party wants a divorce and alleges the grounds for divorce found in Michigan Complied Law 552.6.
The only grounds for divorce that can be alleged in Michigan are, “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.”
However, even though Michigan is a no-fault state, fault can be considered by the Court to determine spousal support and property division. To be clear though, it is unlikely that this would cause a windfall for one party. Fault is but one of many factors used to determine spousal support and property division.
This article should not be construed as legal advice. Every case is different. Talk to your attorney today about any concerns you have. Call the Lashier Law Firm today at (586) 219-1984 or schedule your appointment online.