WILL INFIDELITY AFFECT MY MICHIGAN DIVORCE?

by Justin Van Den Heuvel

Going through a divorce can be a devastating experience, but it can be made even worse by finding out that your spouse has cheated on you. This can cause anger, sadness, confusion, and many other strong emotions. For many, this can be the one thing that finally finishes the marriage for good, even one that before might have seemed relatively strong.

If you are contemplating a divorce because your spouse cheated on you, or you cheated on your spouse, you probably wonder what effect this might have on your divorce settlement. An experienced Michigan family law attorney can help answer the questions you might have, but below are a few things that you need to know.

Will an Affair Affect My Divorce?

Michigan is a no-fault state, which means that you do not have to provide a reason for seeking a divorce. However, if one of the spouses is unfaithful in a marriage, infidelity may have an impact on the divorce, even in a state that is a no-fault state. Infidelity can be devastating and can affect how alimony, or spousal support, is figured, and how property is divided in the settlement.

Should I Try to Prove Fault?

Although you will not need to state who is at fault for the divorce, doing so may put you in a better situation when it comes time to discuss property and debt division and alimony. Our attorneys will work to secure a positive income for you regardless of whether you were the cheating spouse or not.

• Property Division: Michigan laws typically follow equitable distribution when property is divided. This means that property will be awarded by the court based on what is fair for the circumstances of the couple. This does not, however, always mean that the distribution will be equal. If one spouse is clearly at fault for the divorce, the court may opt to award more property to the spouse who has been victimized. This is particularly true if the unfaithful spouse spent money from the marital estate on the extramarital relationship.
• Alimony: Courts will take into consideration faithfulness of both parties when they figure alimony or spousal support. If you can prove that your wife or husband cheated, it may change the support awarded. However, proving they were at fault does not guarantee that you will receive a larger amount, or your spouse will be awarded more or less support.

Representation in a Michigan Divorce

The attorneys at the Van Den Heuvel Law Office have years of experience representing clients on both sides of a divorce. Regardless of whether you are the spouse who has been unfaithful or the spouse who has been cheated on, we can help you negotiate a favorable outcome for your divorce. These cases are often emotional and evoke strong feelings, but it is our job to offer you representation that is completely objective and free of judgment. Contact our office today to schedule a consultation.

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