Michigan is known as a “no fault” divorce state; however, the words “no fault” can be misleading. If the parties reach a final settlement on all issues, fault is not a factor. If there is a dispute about alimony, property, support, parenting time, or custody, fault may become an active ingredient in resolving these issues. For this reason, we may go over the indiscretions of the parties with you.
Basically, Michigan has one ground for divorce: “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.” In court, some judges require only a recital of this assertion. No details need to be provided.
In Michigan, legal separation is known as “separate maintenance.” This arrangement is seldom done. The procedure is similar to a divorce, except that neither party may remarry. The law states that if one party institutes a separate maintenance suit and the other party files for divorce, the court will only consider the case as a divorce matter and cannot enter a judgment of separate maintenance.
We also have annulment proceedings in Michigan, which invalidate a marriage. Marriages may be void from the outset or be voidable, depending on the circumstances. The grounds include incapacity to marry, such as insanity, bigamy, under age, or any type of fraud that goes to the heart of the marriage. Parties wishing an annulment must not cohabitate after having discovered the grounds for the annulment to the marriage.
If you have any questions about separate maintenance or annulment, please ask me. The following material basically concerns divorce, though there may be similarities between divorce and separate maintenance and annulment actions.