When your marriage breaks down, it can be easy to point fingers and cast blame. Sometimes, one spouse is very clearly at fault for a divorce, while other times both spouses have contributed to the degrading relationship dynamics. But does that matter to Michigan's family court judges? What is the role of fault in Michigan's no-fault divorce?

What Does Michigan No-Fault Divorce Law Mean?

Under Michigan's no-fault divorce law, you do not need to allege or prove that your spouse was at fault for the breakdown of the marriage. In fact, unless you are requesting some temporary relief, such as temporary custody or an order protecting your marital property, your complaint for divorce probably won't say anything about why the divorce is needed at all.

Instead, if either party wants a divorce, the Court will grant one. If you file a complaint for divorce, your spouse can't force you to stay in the relationship just by saying they want to stay married or try marriage counseling first. But that doesn't mean there is no role for fault in Michigan's no-fault divorce process.  

The Role of Fault in Property and Spousal Support Arguments

Michigan family courts apply lists of factors in resolving most aspects of a divorce. The factors for property division and spousal support (also called alimony) have a lot of overlapping considerations. This includes the “past relations and conduct of the parties.” This means fault is a factor in how the parties' property is divided, and whether and to what extent either party will receive spousal support.

The Court is never supposed to punish an offending spouse for causing the relationship to break down. But fault can be considered as one factor among many in reaching a fair and equitable division of the parties' assets and properties. The court may award the non-offending spouse a larger share of the marital assets to make up for the harm suffered during the marriage.

Since property and spousal support both center on the couple's finances, the most persuasive arguments center on misconduct that affect the size of marital estate – such as by spending family funds on gifts or hotel rooms for an affair partner or gambling away the family savings. A Michigan divorce attorney can also sometimes demonstrate that the offending spouse controlled the other spouse's ability to work or contribute to the marital estate to justify spousal support while the non-offending spouse gets back on their feet. Fault unconnected to marital property or earning capacity is less likely to affect property or spousal support awards.

Does a Parent's Fault Affect Custody and Parenting Time?

There is no one factor that specifically reflects fault in the Child Custody Act's best interest factors – which is how Michigan courts decide custody and parenting time. However, several of the factors could be related to different common kinds of fault:

• Guidance, Religion, and Education: One factor relates to the “capacity and disposition” of the parents to provide guidance, and religious and educational training. This sometimes includes fault related to physical discipline or controlling behavior.
• Material Needs: The Court must consider each parent's “capacity and disposition” to provide for the children's material needs and medical care. If one spouse voluntarily left employment, allowed the children's insurance to lapse, or refused to provide for the children's medical needs, it could weigh against them.
• Moral fitness: A parent's moral fitness is relevant if it affects his or her ability to parent. It is important to explain how the parent's moral failings affect the children. For example, having an affair itself is not relevant, but if the affair took the parent's attention or funds away from the children, it could be considered relevant.
• Domestic violence: The Child Custody Act requires the Court to consider “Domestic violence, regardless of whether the violence was directed against or witnessed by the child.” In practice, this usually requires some evidence of abuse, such as police reports, medical records, CPS reports, or photographs.

There are many other kinds of fault that the Court may need to consider, but again, the Court will not simply punish a parent for bad conduct. It needs to be related to his or her parenting ability or have had a negative effect on the children.  

Why You Shouldn't Focus on Fault During Settlement Negotiations

There is a role for fault in the Michigan no-fault divorce, but you should try to avoid focusing on it during the negotiation stage of your divorce. Even when fault is a factor, most divorce cases will end in a settlement agreement, rather than trial. But if you are focused on what your spouse did wrong in the past, it will make it harder to find a resolution that will provide for your needs in the future. Bitterness and resentment can make it hard to give your spouse anything, even if it allows you to get what matters most. But if you insist on your “day in court” hoping that the judge will punish your spouse and validate your feelings, you may well be disappointed in the end result.

Get Help with a No-Fault Divorce from a Michigan Family Lawyer

At Bebout, Potere, Cox & Bennion, P.C., we care about you and your family. We help individuals and families in Rochester Hills, Rochester, Troy, Lake Orion, Oxford, Oakland County, Macomb County and throughout Southeast Michigan. We can help you understand the role of fault in Michigan's no-fault divorce laws and advocate for a fair resolution that accounts for past conduct. Call us at 248-651-4114 or contact us here to speak to an attorney.