No-Fault Divorce States: Does the Cause of Divorce Matter in Michigan?

Divorce is usually a stressful process. This stress can be made even worse when you need to identify fault and prove it in court. Some states make this step easier with a “no-fault divorce” designation. This means that the reason for the divorce doesn’t matter; neither spouse is rewarded or penalized for the cause of divorce.

Michigan is a no-fault divorce state. While spouses in Michigan don’t need to identify fault, doing so may have some benefits. Read on to learn what this means for those navigating the divorce process.

What’s a No-Fault Divorce State?

Every state has different laws governing divorce. One main difference between states relates to fault.

In the past, married couples needed to prove fault before a court would grant a divorce. These days, married couples can divorce for any reason. However, some states still ask spouses to identify the reason for the divorce.

When it comes to divorce, there are fault and no-fault states. In a no-fault state, the reason for the divorce is not considered. In a fault state, the spouse filing for divorce can specify the reason.

When there is no specific reason, fault can be listed as “irreconcilable differences.” This is the typical choice when one or both spouses are simply unwilling to continue with the marriage.

Why Does Cause of Divorce Matter?

When filing for divorce in a fault state, one spouse will identify the reason for the divorce. Common reasons for fault in a divorce include abuse, adultery, and abandonment.

Reasons like these can make a difference in the divorce settlement outcome. If one spouse is found to be at fault for the marriage’s failure, the innocent spouse might be granted child custody, a larger division of property, or a higher alimony payment.

What Are Michigan’s Divorce Laws?

Michigan is one of the 17 no-fault divorce states. When a married person in Michigan initiates divorce proceedings, there’s no need to identify fault to end the marriage.

However, there is an exception to this. In some no-fault states, including Michigan, divorce proceedings allow the option of identifying blame.

While Michigan residents can only apply for a no-fault divorce, a court will still consider blame as a factor in the divorce settlement.

If one spouse can prove that the other is responsible for the marriage’s failure, they might receive a larger settlement amount. In Michigan, alimony and property division can both be impacted if one spouse can prove in court that the other spouse is at fault.

If a divorcing spouse wants to take this route, they’ll need to work with a divorce attorney to build an argument showing fault.

For blame to impact the settlement, the accusing spouse will need to provide documentation. If one spouse engaged in actions that resulted in a loss of shared money, for example, the court will take that into consideration when awarding a settlement.

Call Gucciardo Family Law Today

If you’re considering divorce, get in touch with the Gucciardo Law Firm, PLLC. Our compassionate family law attorneys can help you navigate the difficult divorce settlement process.

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