No-Fault Divorce - What Does it Actually Mean?
One of the most common questions I am asked is whether Michigan is a no-fault divorce state. The answer is yes, but the term "no-fault" is misleading, and many don't understand what it actually means for Michigan to be "no-fault." The term "no-fault" means that to grant a divorce in Michigan, the court does not have to assign fault to one side. In some jurisdictions, a court may only grant a divorce if the court finds that one side violated the marriage contract, for example by committing adultery. This system can lead to unexpected results. For example, if a husband filed for divorce and alleged that his wife had been adulterous, the wife could respond that the husband had been adulterous too. In this example, the wife's allegation would be treated as a defense to the divorce, and if the court found that both sides had been adulterous, the court could dismiss the divorce, and the parties would remain married. Under Michigan divorce law, ...