Many people often ask what a Michigan “No Fault” Divorce really means. In simple terms, it means that in Michigan any husband or wife, despite what the other spouse may want, can get divorced without the other agreeing that the marriage should be dissolved.
The Michigan divorce statute requires that there must be an “irretrievable breakdown” of the marriage for the court to be able grant a divorce, or as it is technically called, a dissolution of marriage.
A divorce will be granted in Michigan without the necessity of proving that one of the parties is guilty of marital misconduct. In earlier times, a party to a divorce was required to demonstrate that the other spouse was at fault for causing a breakdown in the marriage. Adultery was by far the most common basis, but others included domestic abuse, abandonment and an inability to consumate the marriage.
Judges do not have the authority to make the parties attempt marriage counseling before granting a divorce. I was in court a few weeks ago when the other spouse came to court thinking the judge would order the parties to attempt to reconcile their marriage through a marriage counselor because he did not want to get divorce. Unfortunately for him he was mistaken.
If you have questions about filing for a divorce in Michigan, call to speak with one of our Metro Detroit divorce attorneys today! Your initial consultation is free.