If infidelity has played a role in the breakdown of your marriage, you may wonder what impact, if any, it will have on the process. Although Michigan is a no-fault divorce state, certain aspects of the divorce may still be influenced by marital misconduct.
No-fault divorce basics
Because Michigan follows a no-fault model, simply showing that the marriage is beyond repair is enough to obtain a divorce. You do not have to present evidence that your spouse cheated or was otherwise at fault. In other words, the court will grant a divorce based solely on the claim that the marriage cannot be saved.
When infidelity influences spousal support
Even though fault is not needed to end a marriage, judges may still consider a spouse’s behavior when determining spousal support. While it is not automatic, infidelity that meaningfully contributed to the marriage’s decline could influence the amount or duration of support. Courts often look at factors such as whether one spouse’s affair placed the other at a financial disadvantage or caused emotional harm that impacted earning potential.
Property division and financial misconduct
Another area where infidelity might be a factor is in the property division process because Michigan courts aim to divide marital property equitably. If one spouse spent significant joint funds on an affair (perhaps, by financing vacations, gifts or other expenses tied to the infidelity) the court may adjust property distribution. This can mean awarding a larger share of assets to the other spouse to offset the financial loss.
Child custody and support considerations
When it comes to child custody and support, judges focus on what is best for the children. However, if a parent’s affair created a situation that clearly harmed the children’s well-being, such as neglect, unsafe environments or emotional distress, the court may take that into account. On the other hand, child support calculations are usually based on income and parenting time, not on the moral aspects of marital misconduct.
In Michigan, while infidelity itself does not block or guarantee any particular outcome, it may be considered in the analysis of certain issues, like alimony or property division. Understanding how marital misconduct may influence your divorce can help you prepare, protect your interests and make informed decisions as you move forward.