Should I file for fault or a no fault divorce?

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Should I file for fault or a no fault divorce?

I want a divorce but am not sure if I should file for a fault or no fault divorce. About 3 years ago my husband committed adultery and we were at the brink of divorce, but we mutually decided to work on our relationship and try to make it work for the sake of our 2 year old daughter. Now my daughter is 3 years old and we have a 3 month old. He has stopped trying to continue working on our relationship, there is no communication, I still have a hard time getting over his previous actions, and just several other issues I have. Should I file for a fault because of his previous adultery or no.

Asked on September 26, 2011 under Family Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for everything.  It must be an especially difficult time with a newborn as well on your hands.  I can surely understand your anger and the feeling that you need to shout to the world about what he has done.  But the reality of the situation is that if you file for divorce on fault grounds you have to take the extra step and prove the fault grounds to the court in order to obtain the divorce.  I guess you can get around that by having him execute something but he may not want that all written down some where as well.  A no-fault divorce leaves nothing for you to prove.  Less legal work, less money to spend.  And courts do not generally consider fault when deciding things like child support or spousal support. Get some guidance.  Good luck.


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