When a spouse is discovered cheating or having an affair, it can lead to many things from resentment to arguments and even ultimately divorce for the married couple. Although Michigan is considered a no-fault divorce state, when there is adultery in the marriage, fault may still play a role.
A no-fault divorce means that either person in a marriage can ask the court for divorce for any type of reason regardless of who or what is actually at fault for the failure of the marriage. When adultery is involved, however, a judge can consider this as a “fault” in the divorce and use this information as one of the factors for determining whether spousal support should be awarded and what a fair amount is in the division of the couple’s property.
While proving that there has been adultery in a divorce case can lead to a potentially big payoff for the partner that was cheated on, showing that a spouse has committed the adultery can take time and may also take a good bit of money for the claim to be investigated and evidence of the adultery collected. In addition, the spouse that is accused of the adultery is allowed an opportunity to refute the evidence of the adultery. This means, he or she could choose to file various motions in court that could slow down the case, which may keep it from moving forward and could potentially lead to growing legal bills.
Individuals who are involved in a divorce due to adultery may have valuable legal rights. They may find it beneficial to learn more about these rights as they pertain to their case.