Adultery typically devastates a marital relationship. Most people cannot continue a marriage after learning that their spouse has been unfaithful, especially if they carried on a long-term affair with a specific person.
People in Michigan sometimes feel surprised to learn that the state technically considers adultery to be a crime. In fact, state statutes classify adultery as a potential felony offense. Can individuals with proof of a spouse’s infidelity expect the courts to take that into consideration during the property division process?
Michigan only allows for no-fault divorce
Despite the adultery statute currently on the books in Michigan, the family courts do not typically consider marital misconduct when dividing property between spouses. Spouses can only file for divorce on the grounds of irreconcilable differences, leading to a no-fault divorce.
The family courts may consider evidence of money wasted on the marital affair in some cases. Provable adultery can also have an impact on alimony in some cases.
For the most part, the courts do not give much weight to allegations of misconduct during divorce proceedings. Spouses who choose to file due to infidelity may need to accept that the final divorce decree may not offer them the vindication they desire.
An attorney can help assess whether presenting evidence of financial misconduct related to adultery is likely to influence the final terms of the divorce. It is often preferable to spend time and energy focusing on specific terms for custody, support or property division, rather than trying to prove who was to blame for the breakdown of the marital relationship.
Focusing on the future rather than seeking justice for the past may be the healthiest approach for those divorcing due to infidelity in Michigan.