Until you are thinking about a divorce, you likely have not thought about the fact that Michigan is a no-fault divorce state. But, when it does come up, future divorcees wonder what it actually means, in practice.
Michigan law allows a divorce without proving wrongdoing. This is what it means to have a no-fault divorce. A spouse can obtain a divorce by alleging that there is no reasonable likelihood of reconciliation.
The divorce case then proceeds through required waiting periods: at least 60 days, if there are no minor children, and 180 days if there are. Though, a judge may shorten the latter for hardship. During that time, courts commonly enter temporary orders for parenting time, preservation of marital assets and support to stabilize the situation.
How are family law matters decided?
Custody and parenting-time decisions are guided by the “best interests of the child,” a set of statutory factors that includes the child’s emotional ties, stability of the home environment, moral fitness and more. Michigan Compiled Laws, Section 722.23, explains this standard.
Property is divided by equitable distribution. Here, the family law judge aims for a fair, not necessarily equal, allocation of marital assets and debts. Fairness is based on the length of the marriage, contributions and economic circumstances.
“No-fault” means you do not need to prove misconduct to dissolve the marriage, but conduct can still be relevant to parenting or property in limited ways. If divorce is on the table, begin gathering financial records, develop a parenting proposal that meets your children’s needs and discuss settlement options such as mediation to manage costs and timelines under Michigan’s statutory framework, like Michigan Compiled Laws, Sections MCL 552.6, 552.9f and 722.23.