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Does fault play any role in a Michigan divorce?

On Behalf of | Apr 10, 2022 | Divorce |

If you have decided to walk away from an unfulfilling, combative or even abusive marriage, you are far from alone. In fact, according to reporting from Ms. Magazine, there was a 21% increase in divorce filings between 2020 and 2021.

You may have heard about Michigan’s no-fault approach to divorce. This means you do not have to allege your spouse did something wrong when you pursue an end to your marriage. If your spouse was unfaithful or cruel, this approach may leave you feeling a bit jaded.

Fault is not necessary

To file for divorce in the Wolverine State, you only must assert your marriage has had an irretrievable breakdown. While abuse and cruelty often cause marriages to break down beyond repair, your spouse need not have done something wrong. Merely wanting out of your marriage is likely sufficient.

Fault is not irrelevant

Even though you do not have to allege fault when filing for divorce, fault is not irrelevant to your divorce proceedings. Your spouse’s bad conduct may play a role in child custody, property division and other divorce-related matters. Therefore, it may be beneficial to keep comprehensive records of your spouse’s abuse, infidelity, misuse of marital assets and other bad acts.

You may have immediate options

If you fear for your safety, you may have some immediate ways to protect yourself and your children. For example, you may be able to obtain a temporary protective order. You also may be able to fast-track your divorce.

Ultimately, even though someone should hold your spouse accountable for the way he or she has treated you during your marriage, you should not let Michigan’s no-fault approach to divorce keep you from making the right decisions.