At Kathryn Wayne-Spindler & Associates, PC, we understand that if your spouse was unfaithful, you are angry, sad and betrayed. Our attorneys will aggressively protect your rights and interests and be sensitive to your concerns. We will empower you with the information you need to make practical decisions that will benefit you and your family.
Will the Court Consider That My Spouse Cheated?
Infidelity is one of the leading causes of divorce. Michigan is a "no-fault" state — which means fault is not necessary to dissolve your marriage — and that courts do not always take into account a spouse's infidelity. However, in some circumstance, the courts will consider the actions of a cheating spouse when dividing the marital property.
Dividing Property When One Spouse Cheated
Fault can come in the form of infidelity, domestic violence and alcohol, drug or gambling addictions. Most cases do not involve fault at all. But, in cases where fault is clear, a court may deviate from the 50-50 standard for marital property division to punish the person who has been unfaithful or attempt to help the aggrieved spouse. Any funds spent on an outside love interest while you were married — apartments, trips, jewelry, cars — can be required to be paid back into the marital estate. For example, if your husband bought a condo for his mistress, the court may order the condo sold and award you all of the proceeds from the sale.
Contact a Canton, Michigan, Property Division Lawyer
Contact Kathryn Wayne-Spindler & Associates, PC to schedule a consultation to discuss property division in a divorce where one spouse cheated. Our office is located in Milford, Michigan.