What is marital misconduct?

Marital misconduct is a term used in Michigan divorce law to refer to actions or behaviors of either spouse that occur before or during the marriage and lead to the breakdown of the marriage. It may include, but is not limited to, physical violence, adultery, drug abuse, alcohol abuse, or mental abuse. In certain cases, divorcing spouses may be able to use evidence of marital misconduct as a factor in a divorce settlement. In Michigan, marital misconduct is a factor that must be taken into account when a court considers the division of the marital estate (assets and debts), spousal support, and parenting time. For example, if one spouse has been the victim of domestic violence, the court may award the victim a larger portion of the marital estate. Likewise, if one spouse has been engaged in an affair the court may award the victim spouse a larger portion of the marital estate and/or spousal support. Marital misconduct can also have an impact on child custody and child support. The court may consider the misconduct of either parent when determining an appropriate parenting arrangement and may take into account any emotional or financial damage caused by the misconduct. The court may also consider marital misconduct of a parent when deciding on the appropriate amount of child support. In Michigan, marital misconduct is not necessarily grounds for an annulment or a finding of fault, but it may be taken into consideration by a court as part of the overall divorce process.

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What is marital misconduct?

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