//  by 

A common misconception relates to abandonment and divorce in Michigan. Typically, the question comes up when a husband or wife wants to move out before the divorce is over. The fear is that their spouse will “charge them with abandonment.” While there are possible consequences of moving out of the marital home, this is not one of them.

Michigan is a “no-fault” Divorce State

To clarify, Michigan is a “no-fault” divorce State. Therefore, you don’t need to prove cheating or cruelty or some other reason to get a divorce. Your spouse doesn’t even need to agree to give you a divorce. It just takes one person to testify to “a breakdown of the marriage relationship” and there is no chance for reconciliation. Abandonment and divorce in Michigan isn’t a thing.

In short, there is no concern that you will be charged with abandonment. But there could be other negative consequences for leaving the marital home before the divorce is over:

  • Your stuff somehow magically disappears or is destroyed.
  • You may continue to contribute to household expenses and pay child support.
  • The spouse that stays in the house may get an exclusive use order and change the locks.
  • Custody and parenting time can be negatively affected.
  • Your request to keep the marital home is lost.

Fault Can Still Be an Issue

There may be other issues as well depending on your circumstances which is why it is important to speak with an experienced divorce lawyer. While you don’t have to prove fault to get a divorce, a spouse’s behavior during the marriage can impact the final judgment of divorce. The judge may consider fault in making decisions about spousal support how property and debt is divided.

Questions? Use our contact page or give us a call at 313-291-0240.

Chris McAvoy is a  Michigan attorney who helps people with bankruptcy, divorce, and probate. Our attorneys help people in Taylor, Allen Park, Southgate, Lincoln Park, Riverview, Taylor,  Trenton, Flat Rock, Wyandotte, Brownstown, Belleville, Dearborn, Dearborn Heights, Westland, Garden City,  Canton and the Downriver, Michigan area.