May 07, 2016

You and your spouse are no longer able to see eye to eye. Things have impacted your relationship that you cannot seem to work through. You know your quality of life, as well as that of your spouse would improve significantly if and when you two moved on through divorce. One of the options available to you under Michigan divorce law is a no-fault divorce. But, do you know what this is and what it means to you?

No fault divorce is not uncommon. It is one of the main options for filing a divorce. In short, Michigan’s no-fault divorce laws allow for individuals to submit to a divorce without stating the one party or the other is at fault. In other words, no one did anything wrong to lead to this point. The wording under Michigan law is very clear. It states, “There has been a breakdown in 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.”

But, what does this mean for the entire process of divorce?

In short, by not listing someone is specifically at fault in the divorce, the state is more than likely to agree to a full split of the assets involved in the marriage. On the other hand, if someone was at fault, such as through abandonment or even through infidelity, the court might provide the other party with more of a claim to the marriage’s assets. This is not the cause in no-fault cases. The same applies to not fault divorce in situations where there are child custody matters at play.

If you believe you can file a no fault divorce claim, do so. However, you still need to work with an attorney if at all possible. In doing so, you will ensure that an equal split is possible and that your rights are protected throughout this process.