Michigan is a No-Fault Divorce State - What Does this Mean?

According to the American Psychological Association approximate 40 to 50 percent of marriages in the United States end in divorce. These marriages end for a wide array of different reasons, some of which (legally) involve fault while others do not. Fault divorces are not all that common these days but can be filed in some states based on grounds such as adultery, imprisonment, impotence, cruelty, etc. In fault divorce states, a court will only grant a divorce if the requesting spouse could prove that their wife/husband was at fault for breaking the marriage based on one of these permissible grounds.

Today, most states, including Michigan, have enacted no-fault divorce statutes that allow married couples to divorce without alleging wrongdoing. Here in Michigan our no-fault divorce statute states that a divorce can be granted if "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." In other words, one spouse doesn't need to be at-fault for destroying the marriage, a divorce can be granted in Michigan simply because the marriage is irretrievably broken.

Does Fault Matter at all Nowadays?

Despite the fact that Michigan is a no-fault divorce state, family law courts do still consider fault when determining some divorce-related matters. For example, fault can play a role when Michigan judges make decisions about property division, child custody, and spousal support. However, it is important to note that in most Michigan divorce cases, fault may be considered, but ultimately it will not prevent the granting of a divorce.

I Live Out of State, Can I get Divorced in Michigan?

In order to get divorced in Michigan the requesting spouse (or their husband/wife) must (1) have resided in the state for at least 180 days, and (2) have lived in the county where the petition for divorce was filed for at least 10 days.

Contact a Local Divorce Attorney

Michigan's divorce laws are complicated. Thankfully, the experienced divorce lawyers of the Law Offices of Michael A. Robbins are here to help. We understand how emotionally charged divorcing can be and are committed to helping our clients through this trying time in their lives by fighting tirelessly for what they deserve while providing exceptional legal representation. Interested in learning more about our firm and what we can do for you? Contact our Bloomfield Hills office today to schedule an initial consultation by calling (248) 646-7980.