Filing for a divorce has never been easy. Divorce does not only mean breaking off a marriage, it also means property division, alimony, and custody, if a child is involved. In order to file for dissolution of marriage, specific grounds need to be met. Each states have each specific regulations in order for a person to be granted a divorce, whether the state allows fault divorce or no-fault divorce.
What is Fault Divorce?
In the past, it was much difficult to go through divorce proceedings since the states have fault divorce.
Fault divorce means that in order for a marriage to be dissolved, either party has to provide the fault in their marriage and prove it to the court. In states where fault divorce is required, specific grounds for a fault-based divorce include:
Cruelty
Adultery
Inability to engage in sexual intercourse
Confinement in prison or commission of felony by one of the parties
Abandonment for a length of time
The grounds vary depending on the state where you live. Wherever you live and whatever grounds you choose, it is important to note that you have to prove those grounds.
No-Fault Divorce
Most states in the US have no-fault divorce. In this arrangement, either party may file for a divorce without finding a fault in their marriage. To file for a no-fault divorce, one party only needs to state a reason that is recognized by the state where the couple lived. In most states, declaring that the couple have incompatibility, irreconcilable differences, or irremediable breakdown of marriage is enough to be granted a divorce.
Although most states have no-fault divorce, each of them still requires regulations in order to dissolve their marriage.
Michigan is purely a no-fault divorce state. However, it has residency requirement like some other states. For at least 6 months or 180 days, at least one spouse has lived in Michigan before filing for a divorce.
Though fault in marriage is not needed for dissolution of marriage, it remains a critical factor in property division, spousal support, and custody. This means that the property will be divided based on the fault in marriage. This will also be the basis when determining the amount of spousal support and the determination of custody. Fault may arise in cases of infidelity, physical abuse, or addiction. In case fault is established, less than 50% of the marital estate will be granted to the party at fault. Depending on the significance of the fault, the amount of spousal support may increase and extend its duration. Child custody is also affected by marital fault. The moral fitness of the parties has significant effect on the outcome of the custody determination.
This shows that finding a marital fault is still important in getting divorce even in no-fault state. For more information on filing a divorce case in Michigan, contact the divorce attorneys of Van Tubergen, Treutler, & Hayes, PLLC.
Call us at 616-844-3000. We provide legal assistance in Grand Haven, Muskegon, Holland, and Ottawa County in Michigan.