Monday, March 9, 2009

No Fault Divorce? - Just say know!

Michigan is a "no fault" state right? Well, right and wrong. While a Court cannot take fault into consideration when granting a divorce, the Court can take fault into consideration when dividing property, awarding spousal support or deciding custody.

Many clients and even some lawyers think that because Michigan is a no-fault state a person’s conduct before, during or after filing for divorce is irrelevant. It is not.

I always advise my client not to engage in extra-marital contacts during the divorce process. Not only does it complicate the emotional aspect of a case, it may have legal ramifications as well.

Understanding human nature, if someone is going to engage in extra-marital contacts, or otherwise engage in an activity that may be considered the basis of the breakdown of the marital relationship just say no. If that is not possible, know the consequences and use discretion.


The Divorce Guy

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