What are the grounds for divorce in Michigan?
Key Takeaways
- Michigan is a no-fault state. The only grounds for divorce is that the marriage is irretrievably broken.
- Judges may consider fault when deciding some of the terms of the divorce, such as division of property, spousal support and child custody.
Michigan follows a no-fault divorce system. This means that a divorce can be granted regardless of whether or not one spouse is to blame for the dissolution of the marriage.
The only requirement is to show that the marital relationship has irretrievably broken down and there’s no chance of reconciliation. Instead, the marital relationship has reached a point where it can’t be repaired, making divorce necessary.
A no-fault divorce often allows for a less-emotional divorce, as each partner can focus on working toward resolving the important matters of the divorce, rather than trying to prove the other did something to damage their marriage.
No-fault divorce also tend to have fewer issues to discuss and hammer out, so these cases may take less time than fault-based divorces. And less time often means less expense, since you typically pay attorneys by the hour.
Where fault comes into play in Michigan divorces
Although fault isn’t a legal ground for divorce in Michigan, it is one of the factors that a judge may consider when deciding on several issues, including property division, spousal support and child custody.
However, you must prove fault in order to have it impact the judge’s decision. This means you need to present evidence of your spouse’s cheating, abuse, cruel treatment or other fault grounds. Evidence may include:
- Witness testimony.
- Expert testimony.
- Emails.
- Text messages.
- Photos.
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Working with an experienced family law attorney may help strengthen your case if you decide to try to use fault to influence the outcome of the terms of your divorce. A lawyer can help you gather evidence and witnesses and build a convincing case to present to the judge.
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