Can Cruel and Unfair Treatment Be Grounds for Divorce – Michigan Law

Reasons for divorce. Can cruel and unfair treatment be grounds for divorce? It’s more of an academic question. A no-fault divorce is permitted in Michigan. No matter what the reason for your divorce is, Michigan courts will never ask for information about it.

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Your marriage’s dissolution is all the court needs to affirm. You respond positively, you have met one of the conditions for divorce. The court is of the opinion that no one files for divorce unless the marriage has actually ended. It can be true that you have been treated unfairly and cruelly. The court considers this context. The court does not need that reason to grant you a divorce. You have irreconcilable differences. It is enough basis for the court to move forward with the divorce process. When you file for divorce, the procedure is the same for everyone.

Ending a marriage. What are the common reasons?

The most obvious ones are substance abuse, abusing one’s partner, or abusing one’s home. Other possibilities include less dramatic elements like a waning enthusiasm in marriage. You no longer need a reason for a divorce in Michigan because of the way the rules have evolved. You don’t need reasonable grounds for Michigan to grant you a divorce.

Studies have shown that a lack of commitment is the biggest factor. Participants made their selections from a list of important divorce-related causes. Up to 85% of subjects in one research had this reaction. The cause of failed marriages couples was most likely to agree on was a lack of commitment. Despite this, most of the time one partner places the blame on the other. Couples hold each other accountable for not making more of an effort to save the union.

Our political leaders chose “irreconcilable differences” as a standard for granting a divorce. Up to 55% of participants in one study have supported this. Divorcees often claim that “we grew apart” or “we drifted apart.” It was often quoted as the reason for their marriage’s dissolution. They say they were just plain incompatible. Having different worldviews or getting married too early were also highlighted as reasons. Some list sexual challenges and religious distinctions as contributing elements.

Every study looked at mentioned adultery or infidelity. The reason for somewhere between 20% and 60% of divorces. The wide range shows having an affair was the tipping point after a string of past marital problems. These issues may cause one spouse to leave the marriage in the quest for intimacy. They go looking for entertainment or distraction. It might even be an inadvertent strategy employed to get the other spouse to file for divorce.

In surveys, about 40% of participants claim money issues contributed to their divorce. Financial incompatibility is a common term used to describe disagreements about money. They are caused by conflicts over principles and goals when making financial decisions. Couples with lower incomes are more likely to divorce due to financial incompatibility. Some couples worry more about being able to pay their bills since they have less money to spare. Usually, there is more conflict when money is involved.

Poor communication was blamed for divorce by 50% of respondents. Arguments occur frequently, and communication is lacking. Several divorce-related problems may stem from poor communication. 

15% to 25% said that domestic abuse was the main reason their marriage ended. More than one-third of elder divorced couples mentioned it as the reason for the split. The three main reasons for their breakup. They reported the reasons to be either verbal, emotional, or physical abuse.

Divorce-related domestic violence is seen differently by men and women. 9% of men and 42% of women in the US identified domestic violence as contributing cause to divorce. Abuse by intimate partners affects women far more frequently than it affects males. Victims of abuse are more prone than abusers to attribute their behavior to divorce.

Can cruel and unfair treatment be ground for divorce?

Cruelty, both verbal and physical, was a common excuse for fault. The term “mental cruelty” is a catch-all. It frequently meant that one spouse had verbally and psychologically assaulted the other. The brutality can be physical. The husband violently abuses his wife. It is perpetuated almost usually by the man.

Physical or mental cruelty is a legal word. It only describes the outward manifestation of a risky and damaging marital arrangement. Physical and mental abuse situations can be extremely dangerous for both partners. The abusive partner often may not even know it.

Extreme cruelty or cruel and inhuman treatment are legal terms. They are used to describe cruelty in some jurisdictions. This type of treatment can be as innocent and benign as any pattern of conduct. Conduct resulting in repeated annoyance. It could be just about anything that makes it unreasonable. It is unhealthy for the parties to sustain cohabitation as spouses. The meaning of this legal adage has been so broadly construed by many jurisdictions. It now serves as “irreconcilable differences” in several no-fault states.

Cruel and unfair treatment is not accepted by Michigan as a basis for divorce. In other words. You must file a separate report. Ask for help if you left because you were threatened or endured physical abuse. Find help in getting information from community centers. Seek protection. 

A restraining order can be obtained by anyone against anyone else. Even though you may not believe it will, having a formal record of your abuse will make things a lot simpler for you. This can be legally significant later in the divorce process if you have children. Children who might suffer from a joint custody arrangement after a divorce. If you do experience domestic abuse, contact the police right away. It might not be relevant to the divorce process. Being silent will only help your abuser.

No-fault divorce. What does it mean?

Michigan has been a no-fault divorce state since the early 1970s. The parties in a divorce are not required to state in the complaint their reason for divorce. Nor show evidence in a court of the reason for the divorce. Parties only need to invoke the statutory standard. You can set it forth in every complaint for divorce.

The plaintiff’s testimony must fulfill the statutory standard. It should not need further explanation or the presentation of proof. If it complies with the statutory standard a divorce judgment is almost always given. It is granted in what is known as the pro confesso or pro con hearing. The standard does not imply that fault is unimportant in divorce procedures. The moral standing of the parties is an important consideration. It is in the context of custody and parenting time.

Domestic violence, infidelity, criminal activity, or substance abuse. These can have an impact on divorce proceedings. It can be in the context of child custody, parenting time, property division, and spousal support. You or your spouse can engage in any of these instances of improper behavior. Do not let the idea of a no-fault divorce prevent you from disclosing them to your lawyer. This behavior will almost certainly be mentioned if your case gets to trial. Actions of parties during the marriage matter even in a jurisdiction with no-fault divorce.

Men became more engaged in parenting their children after divorce. Divorce law was slowly changing. The preference for mothers of children under 12 years old was eliminated. It was guided by the Child Custody Act of 1970. Over time, courts gave men increasingly greater parenting time. In the majority of cases, they were given joint legal custody. Forcing parents into a contentious divorce affected parenting. It affected their capacity to collaborate to raise their children after the divorce. The courts were becoming aware of this.

Reintroducing a fault-based divorce system is being considered by some. They believe it to be a means of reducing divorce. The issue is this. Children may find themselves in precarious situations if parents have difficulties getting divorced. It may stunt their growth and limit their potential. Anyone thinking about going back in time should review the cases that were decided at that time.

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Goldman and Associates Michigan Family Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.