When you hear “no-fault divorce,” it might sound simple: no blame, no drama, just move on. But in Michigan, while you don’t have to prove wrongdoing to end your marriage, no-fault doesn’t always mean no conflict.

If you’re considering divorce, understanding how Michigan’s no-fault laws work can help you prepare emotionally, legally, and financially for what’s ahead.

What is a No-Fault Divorce?

Michigan is a no-fault divorce state, which means neither spouse has to prove that the other did something wrong to get a divorce.

Per Michigan Compiled Laws § 552.6(1), “A complaint for divorce may be filed in the circuit court upon the allegation that 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 the complaint, the plaintiff shall make no other explanation of the grounds for divorce than by the use of the statutory language.”

In other words, it’s enough to say your marriage is broken beyond repair. One spouse’s statement to that effect is all that’s required for the court to grant a divorce. This structure helps reduce blame and lets couples focus on resolving the real issues like property, custody, and finances.

That Said, Marital Behavior Still Matters

Even though Michigan law doesn’t require proving fault to get divorced, conduct during the marriage can still affect the outcome of certain issues. Here are a few examples:

• Property division - Under MCL §552.19, the court aims for an “equitable” (fair) distribution of marital assets, not necessarily a 50/50 split. If one spouse’s behavior, such as financial misconduct, hiding assets, or reckless spending, damages the marital estate, it may influence how property is divided.

• Spousal support - Per MCL §552.23, judges may consider the length of the marriage, each spouse’s earning capacity, and, yes, marital conduct when deciding if alimony is appropriate.

• Child custody - Fault doesn’t control custody decisions, but under MCL §722.23, courts must consider each parent’s moral fitness and ability to provide a stable environment when determining the best interests of the child.

How the No-Fault Process Works

In Michigan, either spouse can file for divorce as long as one has lived in the state for at least 180 days and in the county of filing for at least 10 days. Here’s the general process:

• File the complaint - The spouse initiating the divorce states there has been an irretrievable breakdown of the marriage.
• Serve the other spouse - The other party is formally notified and has time to respond.
• Waiting period - Michigan requires a minimum 60-day waiting period before a divorce without children can be finalized, and six months if children are involved, per MCL §552.9f.
• Settlement or trial - Most cases settle through negotiation or mediation; if not, a judge decides unresolved issues.

Throughout the process, both parties must disclose financial information, which becomes crucial when dividing property or determining support.

Why Legal Guidance Still Matters

Because “no-fault” makes divorce sound straightforward, some people assume they don’t need legal representation. But a no-fault framework doesn’t mean every issue is simple or that both sides will automatically agree on what’s fair.

A skilled family law attorney helps you:

• Identify what counts as marital vs. separate property.
• Ensure full financial transparency and fair valuation of assets.
• Protect your parental rights and create workable parenting plans.
• Negotiate spousal support based on realistic financial needs.

In short: “no-fault” may simplify how a divorce starts, but it doesn’t simplify how it ends.

Contact Us at McKinney Vos PLLC for Questions about Michigan Family Law

At McKinney Vos PLLC, we guide Michigan families through divorce with clarity and compassion. Whether you’re ready to file or just exploring your options, we’ll help you understand your rights under Michigan’s no-fault laws and build a plan for your next chapter.

Schedule a free consultation today to speak with our family law attorneys and protect what matters most.