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Like most states, Michigan recognizes two primary types of divorce; at-fault and no-fault. The individual circumstances of the couple divorcing, determine which type of divorce is being sought and how the process is handled. Many couples are unsure of what the two types really mean, and how the difference can affect the legal process. Similarly, many people are quick to judge at-fault cases by labeling one party as the guilty party, when that is not necessarily the case.
Traditionally an at-fault, or fault divorce, is based on the grounds of adultery, abuse, imprisonment, impotency or abandonment, on the part of either spouse. In these cases, the spouse who is found to be not at fault may be eligible to receive larger portions of the martial assets than the at-fault spouse, as well as more financial support.
Fault divorces can be tricky, time and money consuming as there may be grounds for both spouses to claim that the other was at fault, or the accused spouse can object to the allegations. Usually the court will still grant the divorce. However, it may take longer, cost more and be more legally challenging to get to the end result.
No-fault divorces are possible when it is not necessary for either spouse to place blame on the other for the dissolution of the marriage. For no-fault divorces, some states may require a period of separation prior to filing for divorce. It is in no-fault cases where one hears the terms “irreconcilable differences,” “irretrievably broken” and “irreparable breakdown.” No-fault proceedings cannot be contested or stopped by the other spouse.
Every state varies in the details of divorce proceedings. It is important for Michigan couples considering divorce to consider their options and understand which direction they want to go when filing paperwork. Without the proper support and understanding of the law, divorce can be challenging, time consuming, and financially draining.
Source: Reuters, “What is a Fault Divorce?,” Cynthia Hsu, June 1, 2012