Question:  A Northville Patch reader asked:  “Does fault matter in divorce in Michigan?” 

Answer:  The short answer is “absolutely.”  The long answer is “sort of.”

As Northville Patch Editor Nancy Kelsey just reported, Scream 4 will be re-shooting some scenes in Northville in upcoming weeks.  Two of the movie’s main stars, David Arquette and Courteney Cox, have had their names in the news for other reasons lately.  They recently announced that they have separated after their 12 year marriage.  After that announcement, David Arquette didn’t hesitate to openly discuss his marriage in the press, admitting that he himself had sex with a 28-year-old bartender.

Infidelity has always been considered fault when it comes to divorce.  But as a Northville Patch reader asks, since Michigan is a no-fault divorce state, how much is fault really considered in Michigan?

This is actually one of the most frequent questions I hear as a divorce attorney in Northville. It is true that Michigan is a no-fault divorce state.  This means that you can file for divorce and get divorced without proving that your spouse is at fault for the divorce. 

Michigan became a no-fault divorce state in 1972, allowing couples to end their marriage without proving that the other spouse had committed adultery, cruelty, imprisonment or abandonment.  Since the law changed in 1972, to get divorced you just have to indicate that there has been a breakdown in the marriage relationship, and your divorce can be granted.

However, that does not mean that fault is never considered in a divorce and fault generally means more than just infidelity.  It can also be based on domestic violence, drug or alcohol abuse, financial disaster (gambling, etc.) or abandonment.

In Michigan, fault can affect three areas in divorce:

1. property division,
2. custody, and
3.  spousal support (alimony). 

When it comes to property division, Michigan law requires that any marital assets (assets earned or acquired during the marriage) are to generally be split equally, with each spouse taking 50% of the marital estate.  However, if one spouse is at fault for the marriage, the court can award more property to the spouse who is not at fault, moving away from an equal split.  However, the general rule of thumb is that fault cannot tip the scales too much, and at least one Court of Appeals case indicates a 60/40 split is too extreme.

When a court is asked to make a custody determination, the court looks at 12 factors that are considered to be the “best interests” of the children.  One of those factors is the “moral fitness of the parties.”  While this is only one factor out of 12, any issues of fault must be considered by the court if the court is to determine what parent should have custody of the children.

Finally, fault is considered by the court when it makes a decision about whether or not to award spousal support (alimony).  The court must look at 11 factors in order to award spousal support, and one of those factors is the “past relations and conduct of the parties.”  Again, it is merely one factor, but fault here can be considered to increase or decrease a spousal support award.

So the short answer to the question is yes, the courts do consider fault in divorce.  The long answer to the question is yes, but it is merely one factor that the court considers, and it does not outweigh any other factor the court must consider.

The information provided in this column is not legal advice.  The information provided on this public website is provided solely for the general interest of the visitors to this website. The information contained in the column applies to general principles of law and may not reflect current legal developments or statutory changes in the various jurisdictions and therefore should not be relied upon or interpreted as legal advice. Reading the information contained in this column does not mean that you have established an attorney-client relationship with attorney Wendy Alton or the law firm of Fausone Bohn.  Readers of this column should not act upon any information contained in the website without first seeking the advice of legal counsel.