NO-Fault Divorce in Michigan: What it Means and How Fault Still Matters

If you’re considering divorce, you’ve probably heard that Michigan is a no-fault divorce state. But what exactly does that mean? Many people assume it makes divorce quick, simple, and without blame, but that’s not entirely true. While you don’t need to prove that your spouse did anything wrong to get divorced, fault can still play a role in important decisions like property division, alimony, and even custody.

As an experienced West Michigan divorce attorney, I help clients navigate the emotional and financial challenges of ending a marriage every day. Understanding the concept of no-fault divorce in Michigan is an important first step in protecting your rights and making informed choices for your future.

The Legal Definition of No-Fault Divorce

Under Michigan law, you don’t need to prove infidelity, abuse, or abandonment to get divorced. Instead, one spouse must simply state that “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.”

That means if even one spouse believes the marriage is over, the court will grant a divorce regardless of whether the other person agrees.

You can find this definition in MCL 552.6(1) of the Michigan Compiled Laws, which governs all divorces filed in the state.

Why Michigan Adopted the No-Fault Divorce System

Michigan’s move to a no-fault system was intended to simplify the divorce process and reduce hostility between spouses. Before no-fault divorce laws, one party had to prove the other was “at fault”, for example, by showing evidence of adultery, cruelty, or desertion.

This often led to long, bitter court battles. The no-fault system was designed to make divorce less adversarial and more practical, allowing couples to end their marriage without public accusations or unnecessary conflict.

However, while fault doesn’t have to be proven to get divorced, it can still influence what happens during the divorce.

How Fault Can Still Impact a Michigan Divorce

Even though Michigan is a no-fault state, fault-based behavior, like infidelity, abuse, or financial misconduct, can still affect the court’s decisions in several key areas:

1. Property Division

Michigan follows the principle of equitable distribution, meaning assets are divided fairly, but not always equally.
If one spouse’s behavior led to the breakdown of the marriage, for example, if they spent marital money on an affair, a judge may award a greater share of property to the innocent spouse.

Example: If your spouse drained joint savings to support a relationship outside the marriage, the court may compensate you with a larger share of assets or a financial offset.

2. Spousal Support (Alimony)

While not every divorce includes spousal support, Michigan courts consider fault when deciding whether to award it and how much to award.
For example, when a spouse causes the breakup through abuse or infidelity, the court may reduce their support or order them to pay more.

3. Child Custody and Parenting Time

Michigan law requires judges to consider the best interests of the child when making custody decisions.
If a parent’s behavior, such as domestic violence, neglect, or substance abuse, endangers a child or disrupts family stability, that conduct can heavily influence custody and parenting time.

In other words, even without assigning blame, your spouse’s actions can still shape the outcome of your case.

Common Misconceptions About No-Fault Divorce in Michigan

Let’s clear up a few of the myths surrounding Michigan’s divorce laws:

Myth #1: “No-fault” means fault never matters.
Reality: Fault doesn’t need to be proven to get divorced, but it can influence financial and custody outcomes.

Myth #2: Both spouses have to agree to the divorce.
Reality: Only one spouse needs to testify that the marriage is broken. The court will still grant the divorce.

Myth #3: Everything is split 50/50.
Reality: Michigan courts divide property fairly, not necessarily equally. Fault, financial need, and contributions all matter.

Myth #4: Custody automatically goes to the mother.
Reality: Michigan law is gender-neutral. The court considers many factors, including each parent’s relationship with the child and their ability to cooperate.

Steps in a No-Fault Divorce

While every case is different, the general process for a no-fault divorce in Michigan includes these steps:

1. Filing the Complaint for Divorce – One spouse (the Plaintiff) files a Complaint in the county where they live.
2. Serving the Other Spouse – The Defendant must receive legal notice of the filing.
3. Waiting Period – Michigan law requires a waiting period:
   • 60 days for divorces without minor children
   • 6 months for divorces with minor children
4. Negotiation and Settlement – Most couples resolve their divorce through settlement agreements, often using mediation to reach common ground.
5. Court Hearing and Judgment of Divorce – The court reviews the terms, ensures fairness, and issues a final judgment.

At Legacy Legal & Business Services PLC, we often help clients settle cases efficiently through mediation, reducing conflict, cost, and stress.

Benefits of a No-Fault Divorce System

Despite its limitations, Michigan’s no-fault divorce law has significant advantages:

• Faster and simpler: No need to prove wrongdoing.
• Less conflict: Reduces blame and emotional tension.
• Focus on fairness: Allows judges to base decisions on financial and parental factors, not accusations.
• Encourages cooperation: Especially useful for parents who must co-parent after divorce.

These benefits align with Michigan’s goal of creating a more respectful, less adversarial legal process.

How to Protect Yourself in a No-Fault Divorce

Even in a no-fault system, preparation matters. Here are some steps to protect your rights:

1. Consult with a family law attorney early.
   An experienced Michigan divorce lawyer can help you avoid costly mistakes and plan ahead for custody and finances.
2. Gather documentation.
   Collect bank statements, tax returns, retirement accounts, and any evidence of misconduct or spending.
3. Consider mediation.
   Mediation helps couples find practical, peaceful solutions, often saving time and legal fees.
4. Stay off social media.
   Courts can use your posts as evidence in divorce cases, especially when they involve parenting or finances.
5. Keep communication civil.
   Judges look favorably on parents who maintain composure and focus on their children’s needs.

See our Family Law Page for more information.

How Local Courts Handle Divorce in West Michigan

Each Michigan county, including Allegan, Kent, Ottawa, and Van Buren, may have slightly different procedures and timelines for divorce cases. Working with a local family law attorney ensures you understand how your local court handles filings, mediation, and hearings.

At Legacy Legal & Business Services PLC, we regularly represent clients in Allegan County, Kent County, and surrounding West Michigan communities. We’re familiar with each court’s expectations, forms, and judges, which helps streamline the process for our clients.

Conclusion: Fault Still Matters in a No-Fault Divorce

While Michigan’s no-fault divorce system makes it easier to end a marriage, it doesn’t mean that fault disappears entirely. In fact, a spouse’s actions during the marriage can directly shape property division, support awards, and custody decisions.

At Legacy Legal & Business Services PLC, we guide clients through the divorce process with compassion, professionalism, and a focus on protecting what matters most, your family, your future, and your peace of mind.

If you’re facing divorce or have questions about your rights, then contact us today to schedule a confidential consultation. You can schedule on our website www.legacylegalbusiness.com or call our office at (681-0100).

 Serving Allegan, Barry, Kent, Ottawa, VanBuren and West Michigan families with experienced legal representation in divorce, custody, and mediation.

By Margaret L. Webb, Attorney at Law
Owner and Attorney at Legacy Legal & Business Services, PLC, proudly serving Allegan, Barry, Kent, Ottawa, and Van Buren Counties in West Michigan.