What Is No-Fault Divorce in Michigan?

At Wilson Kester, we often receive questions about Michigan’s divorce laws, particularly the concept of “no-fault divorce.” If you are considering ending your marriage, understanding this legal framework can help you make informed decisions during a difficult time.

Defining No-Fault Divorce

Michigan is a no-fault divorce state, meaning you do not have to prove wrongdoing by your spouse to file for divorce. To be able to file for divorce, you simply need to demonstrate that the marriage has broken down to the extent that the objects of matrimony have been destroyed, and there is no reasonable likelihood of reconciliation.

Key Features of No-Fault Divorce in Michigan

1. No Need for Blame: Unlike fault-based systems, Michigan’s no-fault approach eliminates the need to provide evidence of adultery, abuse, or other forms of misconduct to initiate a divorce.

2. Simplified Filing Process: Since no fault needs to be proven, the process can be less adversarial, focusing instead on resolving issues such as property division, spousal support, and child custody. However, fault can come into play in negotiations. 

3. Fault Still Matters: While Michigan is a no-fault state, fault can still play a role in certain aspects of divorce, such as determining alimony or dividing assets. For example, if one spouse’s behavior significantly impacted the marriage or finances, the court might consider it during these determinations.

Steps to File for No-Fault Divorce in Michigan

1. Meet Residency Requirements: To file for divorce in Michigan, at least one spouse must have lived in the state for at least 180 days and in the county where the filing occurs for at least 10 days.

2. File a Complaint: The divorce process begins when one spouse files a Complaint for Divorce with the local family court. This document outlines basic information about the marriage and the relief sought, such as property division and custody arrangements.

3. Serve the Complaint: The filing spouse must serve the Complaint to the other party, who then has an opportunity to respond.

4. Resolve Key Issues: During the divorce proceedings, both parties work to resolve matters such as property division, spousal support, and, if applicable, child custody and visitation.

5. Final Judgment: Once all issues are resolved, either through negotiation or court intervention, the Judge will issue and sign a Final Judgment of Divorce, officially ending the marriage.

No-Fault Divorce with Children

If minor children are involved, additional steps are necessary to address custody, parenting time, and child support. Michigan courts prioritize the best interests of the child, considering factors such as the child’s relationship with each parent, the stability of the home environment, and the child’s needs.

How Can Wilson Kester Help?

Navigating divorce can be challenging, even in a no-fault state. At Wilson Kester, we provide compassionate and experienced legal representation to help you achieve the best possible outcome. Whether you’re concerned about property division, spousal support, or custody arrangements, we’re here to guide you every step of the way.

Take the First Step Today

If you are considering divorce, understanding Michigan’s no-fault laws is an important first step. Contact Wilson Kester to schedule a consultation and learn how we can help you move forward with confidence.