Michigan divorce, no-fault.

[Nodivforme]

What is the name of your state (only U.S. law)?Michigan
I was told by an assistant attorney that infidelity in a marriage holds no water in the courts due to "no-fault" laws. So how does a judge determine who would be responsible for the failure of a marriage? How would they figure who gets what (custody, house, etc...) during divorce proceedings? I thought "no-fault" only applied to car insurance.

 

[LdiJ]

What is the name of your state (only U.S. law)?Michigan
I was told by an assistant attorney that infidelity in a marriage holds no water in the courts due to "no-fault" laws. So how does a judge determine who would be responsible for the failure of a marriage? How would they figure who gets what (custody, house, etc...) during divorce proceedings? I thought "no-fault" only applied to car insurance.

The assistant attorney was correct. Marriages are dissolved in MI on a no-fault basis. Fault is not established. The judge does not care which party is responsible for the failure of a marriage.

Property settlements are for the most part 50/50 as far as marital property is concerned. (property accumulated during the marriage). There can be some exceptions to that, but that is something better discussed with your attorney.

Custody is determined based on the best interest of the child, which usually means that the parent who has been the primary caretaker of the child, ends up with primary custody. That does not mean who provided the most income to the family, but who physically took care of the child on a primary basis.

 

[justalayman]

while MI accepts the statement there has been an irreparable breakdown of the marital relationship for the purposes of obtaining a divorce, fault can play a part in the division of assets. It can also be important if alimony is a consideration. Fault can also be an important issue if there are children and custody and visitation are at issue as well.

 

[Nodivforme]

Thank you for your response. Custody is my other question. I'm not looking for full custody for our children, but joint/physical. Am I just making this up or can this be done? In short, joint but I wish to have children reside with me.

 

[Ohiogal]

Thank you for your response. Custody is my other question. I'm not looking for full custody for our children, but joint/physical. Am I just making this up or can this be done? In short, joint but I wish to have children reside with me.

With joint custody the children reside with both parents individually. What is it you really want?

 

[justalayman]

yes it can be done.


just be careful you don't make problems for yourself. If everything is joint, nobody has the final word and sometimes, somebody short of the court really needs to be able to make a decision on issues you are facing.

 

[Nodivforme]

With joint custody the children reside with both parents individually. What is it you really want?

What I'd really like is reconciliation with spouse. But that's not looking like its going to happen anymore. So, I want my kids to live here. The only home they know. They will be traumatized enough when this divorce happens. I see no reason to uproot them because of a selfish parent. But I DO want mother to be part of their lives as well. I guess I dont know what type of custody that would fall under.

 

[justalayman]

You can have joint legal custody but one or the other parents having physical custody with visitation allowed for the other parent. What that means is both parents must be involved (if they choose to be) in decisions for the child but the children are assigned one home as their residence.

whether that is possible for you is up to the circumstances of your particular situation.

 

[Ohiogal]

You can have joint legal custody but one or the other parents having physical custody with visitation allowed for the other parent. What that means is both parents must be involved (if they choose to be) in decisions for the child but the children are assigned one home as their residence.

whether that is possible for you is up to the circumstances of your particular situation.

That is NOT true. You can also have JOINT PHYSICAL CUSTODY. In which case, the children would have the address of both parents.

 

[Ohiogal]

What I'd really like is reconciliation with spouse. But that's not looking like its going to happen anymore. So, I want my kids to live here. The only home they know. They will be traumatized enough when this divorce happens. I see no reason to uproot them because of a selfish parent. But I DO want mother to be part of their lives as well. I guess I dont know what type of custody that would fall under.

That is not a reason for you having primary physical custody.

 

[LdiJ]

while MI accepts the statement there has been an irreparable breakdown of the marital relationship for the purposes of obtaining a divorce, fault can play a part in the division of assets. It can also be important if alimony is a consideration. Fault can also be an important issue if there are children and custody and visitation are at issue as well.

I don't disagree, particularly on the alimony part, but this OP seems focused on the old time version of "fault" that was in force before no fault divorce laws went into effect. Generally, fault is not going to impact a property settlement or even custody if the fault was not severe in the eyes of the judge. Someone having an affair will generally not effect either one unless 1) the party dissipated marital assets due to the affair or 2) unless the affair seriously impacted the children in a very negative way (more negative than divorce in general).

 

[justalayman]

That is NOT true. You can also have JOINT PHYSICAL CUSTODY. In which case, the children would have the address of both parents.

to get what the OP wants, you would not want joint physical custody. Not saying you can't have joint physical custody. Just saying that would not result in what the OP was wanting.

 

[justalayman]

I don't disagree, particularly on the alimony part, but this OP seems focused on the old time version of "fault" that was in force before no fault divorce laws went into effect. Generally, fault is not going to impact a property settlement or even custody if the fault was not severe in the eyes of the judge. Someone having an affair will generally not effect either one unless 1) the party dissipated marital assets due to the affair or 2) unless the affair seriously impacted the children in a very negative way (more negative than divorce in general).

sorry but yes, fault does come into play in areas outside of the actual basis for the divorce. Not saying it plays a part in every divorce or it results in much of any change but it does play a part in both distribution of assets and alimony.

even in your explanation of your position you acknowledge it plays a part. Of course it has to have value in relation to the divorce to allow for anything to change because of it but it is a something to be aware of because it can change what happens within the divorce.

 

[LdiJ]

What I'd really like is reconciliation with spouse. But that's not looking like its going to happen anymore. So, I want my kids to live here. The only home they know. They will be traumatized enough when this divorce happens. I see no reason to uproot them because of a selfish parent. But I DO want mother to be part of their lives as well. I guess I dont know what type of custody that would fall under.

Who has been the primary caretaker for the children? Who fixes their meals, takes them to school (or daycare), who does their laundry, takes them to the doctor etc.? Generally the primary caretaker is the parent who gets primary custody.

 

[Nodivforme]

Who has been the primary caretaker for the children? Who fixes their meals, takes them to school (or daycare), who does their laundry, takes them to the doctor etc.? Generally the primary caretaker is the parent who gets primary custody.

I'll answer your questions in order. 1). hard question....our schedules have changed several times in our childrens lives. Currently, I spend more time with the kids.
2). Mother breakfast, father dinner/ Mother to school, father pick up from school....mother usually does laundry....we both take kids to doctor....