
Will Proving Fault Affect the Outcome of My Divorce?
by mrobbins | Sep 7, 2021 | Uncategorized |
If you are planning to file for divorce because of your spouse’s behavior or actions, or if your spouse has already filed for divorce, you may be wondering if you will need to prove fault. Further, you likely want to know if proving fault will affect the outcome of your divorce. For example, if you prove that your spouse cheated on you, will you be eligible to get more marital assets as part of the property division process in your divorce? Or if your spouse engaged in abusive behavior toward you or your children, can you ask the court to make certain decisions about support or custody?
Generally speaking, the fault of one or both spouses in a divorce will not stop the divorce since Michigan is a no-fault state for divorce purposes. However, some situations may exist in which your ex’s fault may be relevant to the outcome of your divorce in such areas as custody, spousal support, division of property and attorney fees.
When it Comes to Divorce, Michigan is a No-Fault State
When you are thinking about fault and divorce, it is critical to understand what we mean when we say that Michigan is a no-fault state. While certain states still allow spouses to opt for a fault-based divorce in addition to a no-fault option—many states used to have an only fault-based divorce system, but that has changed—Michigan only has a no-fault option. Accordingly, even if your spouse’s behavior is the clear and unequivocal reason that you are filing for divorce, the divorce court will not require you, or even ask you, to prove fault. Instead, you will only be required to allege the following in your complaint for divorce:
“[T]here 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.”
To be clear, Michigan law requires the spouse who files for divorce to allege that no-fault information quoted above. In addition, the law is clear in stating that in the complaint for divorce “the plaintiff shall make no other explanation of the grounds for divorce than by the use of the statutory language.” In other words, even if you want to include grounds for divorce in your complaint, Michigan law does not allow you to do so. Once you meet the timing requirements for the divorce and allege the no-fault basis for filing your complaint, the divorce can be granted.
When Can You Raise Issues of Fault?
As we have discussed above, Michigan courts will not even consider fault-based grounds for divorce in the complaint for divorce that you file. Are there any situations in which you can raise the issue of fault?
In some situations where domestic violence or spousal abuse has occurred, or in situations involving particularly egregious behavior by your spouse, that fault may be considered in a divorce property settlement. The court may also consider similar information in divorce cases when deciding issues pertaining to child custody, spousal support and attorney fees. In particular, if one party is linked to any acts of violence or abuse, the court even limit child custody and parenting time.
Contact Our Divorce Lawyers in Michigan
If you have questions about divorce and fault, our Michigan divorce attorneys are here to assist you. Contact the Law Offices of Michael A. Robbins to learn more.
Recent Posts
Archives
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- May 2016
- April 2016
- March 2016
- February 2016
- December 2015
- November 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- March 2015
- February 2015
Categories
RSS Feed
Let us help you

Contact The Firm
3910 Telegraph Road
Suite 200
Bloomfield Hills, MI 48302
Phone: 248-646-7980
Fax: 248-646-7989