Adultery or marital infidelity is a violation that can destroy your trust in another person and lead to the end of your relationship. Most people don’t treat adultery as seriously as they should, given the psychological and financial damage it can cause for the person who didn’t cheat.
No-fault divorces likely contribute in part to the idea that infidelity doesn’t really matter anymore. Since there are no major penalties in family court, people pretend that cheating is acceptable or excusable behavior.
Michigan is one of a few states in the country that still criminalize adultery. In fact, in Michigan, extramarital affairs can lead to felony charges. When you know that your spouse has cheated on you, you may dream of going to court to get justice. Will the infidelity statute in Michigan influence your divorce?
Prosecution is highly uncommon
The sad truth for those harmed by a cheating spouse is that Michigan state prosecutors very rarely pursue infidelity charges, even though the statute is still on the books. The rare scenarios in which prosecutors make use of that statute typically all involve some other kind of criminal activity, such as drug trafficking.
In other words, even if you have evidence gathered through painstaking research or by hiring a private investigator, the police likely won’t do much if you approach them with stories of infidelity.
What about the family courts?
No-fault divorce is the standard in Michigan, which means that you cannot initiate divorce proceedings because of infidelity in most cases. Under this no-fault system, you only need to show that the marriage has broken down. You do not need to prove a specific reason to end the legal bond. This law aims to reduce conflict in the courtroom. However, it does not mean your spouse gets a free pass for their actions.
However, proof of marital misconduct could help during property division matters. The more marital resources your spouse spent on their affair, the larger the potential changes to the property division outcome.
In most cases, the impact on property is minimal. Michigan judges look for an equitable, or fair, split of assets. This often results in a nearly equal division between spouses. Fault only shifts the needle if it caused direct financial harm. A judge will not take away a house just because someone was unfaithful. They focus on the numbers instead of moral judgments.
Evidence of wasteful spending of marital assets, including funding an affair, can lead to a judge holding the cheating spouse accountable for their affair-related debts or reducing how much they receive from the marital estate. To prove this, your lawyer can look for specific behaviors like:
- Spending joint money on hotel rooms or trips
- Buying expensive gifts for a lover with marital funds
- Withdrawing large sums of cash to support a secret life
- Using shared credit cards to wine and dine a third party
Although you may feel like cheating makes someone an unfit parent, a family law judge is unlikely to agree with that assertion unless the adultery led to some kind of abusive behavior or neglect of the children.
Does cheating affect alimony?
Many people believe that an affair automatically increases spousal support. However, Michigan courts see fault as just one factor among many. Some judges view an affair as a symptom of a failed marriage rather than the cause. If the marriage was already broken, the cheating may not change the support amount. If the affair was the main cause of the split, it may carry more weight. Your attorney will help you present these facts to the court. They will explain how the conduct impacted the health of the union.
When fault actually matters
Beyond the financial waste, adultery matters most during the settlement process. It creates deep emotional wounds that make it hard to talk. It complicates negotiations and can make the legal process take longer. While the law focuses on money, the legal implications often stem from this emotional friction. When one side feels wronged, they are less likely to compromise on small details.
Once you understand the potential legal impact that your spouse’s cheating could have on your divorce, you can start to prepare your exit strategy. Preparing for your Michigan divorce often means learning more about how the state handles different marital matters in divorce court. At Gormley Law Offices, PLC, we stand ready to help you move forward.