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What is a No Fault Divorce?

Learn About How No Fault Divorce Works in Michigan

A lot of people know that Michigan is a “no fault” divorce state, but what does that really mean? Does it mean that fault doesn’t matter at all?

The short answer is fault can matter.  A “no fault” divorce means that you do not have to have a reason to want a divorce other than that the bonds of matrimony have broken down to the point that there is no reasonable expectation that they can be preserved- or other words- the marriage is over.  It means that you do not have to give the Judge a reason for wanting a divorce, such as infidelity, money troubles, or something else. 

So, therefore, fault CAN be a factor in your divorce.  Especially if a party was at fault in dissipating, or reducing, marital assets: the other party, who did not reduce the value of the marital estate, can be made whole due to the offending parties bad actions. Depending on the nature of the fault, it can play into spousal support or even custody. Each case will be different in how much it affects it, but in general, it will not greatly change the division of assets.  Regarding custody, if the fault is something like a drug problem or domestic violence, of course, it can have a much greater impact on changing the custody or parenting time schedule. 

So the lesson to be learned here?  Fault can matter… It just may not!  You definitely want to make your attorney aware of any fault allegations, and no matter how uncomfortable it is, if you are the one at fault- let your lawyer know!

If you have any other questions about no fault divorces in Michigan, call our office today and speak to a Divorce lawyer 

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