Legal Question in Family Law in Michigan

Michigan No-Fault Divorce law & extra-marital relationship

My brother is going through a very vindictive divorce, after being very unhappily married for the last 3-5 years. One night, he had extra-marital sex, but that was the one & only time. He just received interrogatories from HER attorney via HIS attorney. In the paperwork, there are questions about ''How many affairs/relationships did you/have your ever had during the course of the marriage'' and it also asks for dates, names and places of employment for any respondants. Are these kind of questions allowed under Michigan's no-fault laws? I was under the assumption that No-fault meant just that, NO FAULT, no matter what the circumstances. I am wondering if my brother's attorney is truly representing him if he's allowing HER attorney to send questionaires like this. Please advise. Thanks


Asked on 7/28/03, 4:16 pm

2 Answers from Attorneys
Thomas Weiss McClintic & Weiss, P.C.

Re: Michigan No-Fault Divorce law & extra-marital relationship

Michigan IS a no-fault state as it relates to the grounds for divorce. However, fault IS a consideration for purposes of property settlement. The basic rule is that the parties split the property 50-50. But if there is substantial fault, then the scale tips against the person found to be at fault.

Now, with that said, in most counties the judges really don't deviate from the 50-50 unless the fault is substantial and egregious. A one-night stand would NOT, in any court that I have practiced in the judge would not be swayed by such a situation.

Typically what judges are looking for is physical abuse, abuse and neglect of children/spouses, criminal activity that is brought into the home, etc.

My advice is for him to be totally up front and honest. Don't fib. The anwers to an interrogatory are made under oath and if caught lying on the witness stand, he could be subject to a contempt citation.

The best witnesses/parties that I have seen just fess up to the event(s), admit to it - apologize if necessary, and move on.

"Yes, Mr/Ms Attorney, I did have a one-night stand. I regret it, but it did happen."

Good luck,

Tom Weiss

Mt. Pleasant

Read more
Answered on 7/28/03, 4:34 pm
William Stern William Stern, P.C.

Re: Michigan No-Fault Divorce law & extra-marital relationship

No fault means that if one side wants a divorce, they get divorced. As far as property settlement is concerned, fault is an issue. The questions are proper generally. The lawyer is doing his job. Bill Stern 248-353-9400

Read more
Answered on 7/28/03, 11:31 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Michigan