There are a number of factors that go into whether or not a person should receive alimony. One of these factors is fault, and Michigan is a no-fault state which means anyone can get a divorce based on no showing of any particular fault. Fault could specifically mean domestic violence in the household and if that is the reason the marriage breaks up, then that is a fault factor the court could look into when they decide if there should be alimony.
You should be aware that this is definitely something you must mention to your attorney when you hire one. The opposing party must be notified that there is such a claim because this could be part of the fault factor when determining spousal support.
As with division of marital property, fault may be used in determining an award for spousal support. While the court takes in consideration many factors when determining spousal support, domestic violence falls under the factor “the past relations and conduct of the parties.” In fact, the court has noted that past conduct of the parties that causes fear of personal danger is an appropriate justification for an award of spousal support.
Each factor for the granting of spousal support must be examined with the domestic violence allegations in mind, to support a request for spousal support. If you find yourself in this situation, you should speak to our attorneys at Goldman and Associates who are experts in handling this kind of matter and can successfully help you through this process.
Goldman and Associates Law Firm is here to provide you with information about Domestic Violence in the State of Michigan. The video below will give you information about Domestic Violence and How It Impacts Spousal Support In The State of Michigan.