In Michigan, there is only one statutory ground for obtaining a divorce or judgment of separate maintenance: that there has been a breakdown in 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. No other facts can be alleged in the complaint for divorce. Thus, it only takes one spouse to request and obtain a divorce and there is no real ability to contest the dissolution of the marriage. Only the issues within the divorce case are contestable: alimony/spousal support, child-related issues, health care, attorney fees and property division.
Fault is still a consideration in the division of property and the granting of alimony. To be considered at fault, the behavior must have led to the destruction of the marriage and the conduct must have been egregious under the circumstances.
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