How fault could enter the process of no-fault divorce

How fault could enter the process of no-fault divorce

On Behalf of | May 29, 2023 | Divorce

All states in the country, including Michigan, allow married couples to end their marriages with a no-fault divorce. This means that neither spouse needs to prove wrongdoing. You can think of fault as a reason for the marital breakdown, such as abandonment, cruelty or imprisonment for a felony. No-fault divorce laws generally make divorces easier because courts do not need to evaluate claims of abuse or other damaging marital behavior. Even so, courts may tackle these subjects while working out child custody, support orders or property division.

Basic no-fault divorce process

Only one spouse needs to initiate a no-fault divorce. The other spouse does not have to agree. The court will ask the other spouse to respond to the filing, but you can proceed without it.

When you decide to end your marriage, you must file the divorce petition in the jurisdiction where you live. You will attest that irreconcilable differences have forced you to part ways. In this way, you state that you see way for you to regain a sense of spousal attachment or commitment.

The role of fault in a divorce

Bad or questionable behavior on the part of a spouse can enter the divorce process. Not all estranged couples succeed in negotiating the terms of their divorce privately. As a result, they must go into court and reveal their complaints while arguing for goals like child custody, spousal support or division of marital property. A judge can take your complaints about misconduct into account when making decisions on these matters.

Not all divorces force people into court to discuss their private matters. Courts generally approve your privately-negotiated agreements as long as they do not violate the law or deprive children of support.