Domestic Violence and Divorce in Michigan

Michigan is a no-fault divorce state, so domestic violence is not a "ground" for divorce and does not need to be proved to end a marriage.^[1] It can still matter to the outcome. Conduct during the marriage is a factor in dividing property and in deciding spousal support, and the existence of a protective order changes how the case may be mediated.^[1][2][3]

If you are in danger, the National Domestic Violence Hotline can be reached by calling 1-800-799-SAFE (7233) or by texting START to 88788; it describes its service as free, confidential and available 24/7.^[7] Local services are listed in where to get help in West Michigan.

This guide is part of a criminal-law reference library. It summarizes what the divorce statutes and chapter 8 of the Michigan Judicial Institute's Domestic Violence Benchbook say, so that people involved in a criminal case or a personal protection order (PPO) case can see how a divorce fits alongside it. Divorce is handled in the family division, and questions about a particular divorce belong with a family-law attorney.

What "no-fault" means, and what it does not

A Michigan divorce complaint alleges only that there has been a breakdown of the marriage relationship "to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved." The statute adds that the plaintiff "shall make no other explanation of the grounds for divorce than by the use of the statutory language."^[1]

That rule is about the ground for divorce. It is not a rule that conduct is irrelevant to everything else. As the Court of Appeals has put it, "Notwithstanding Michigan's no-fault divorce law, fault is still a consideration in the division of marital property."^[1]

How abusive conduct can affect property division

In dividing marital property the court considers a set of factors, one of which is the past relations and conduct of the parties.^[1] The Michigan Supreme Court addressed how much that factor can count in Sparks v Sparks: "the conduct of the parties during the marriage may be relevant to the distribution of property, but the trial court must consider all the relevant factors and not assign disproportionate weight to any one circumstance."^[1]

Two limits follow from the cases the benchbook collects:

• Fault is one factor among several, and the court may not give it disproportionate weight.^[1]
• The goal is an equitable division of property, not punishment of a spouse.^[1]

Within those limits, conduct has made a difference. In Welling v Welling the Court of Appeals upheld a 60/40 division in the wife's favor where the husband's verbal abuse while drinking was the greater cause of the breakdown of the marriage.^[1]

How abusive conduct can affect spousal support

Spousal support, the Michigan term for alimony, is decided on eleven factors. The first is "the past relations and conduct of the parties"; others include the length of the marriage and the ability of the parties to work; and the last is general principles of equity.^[2]

In Cloyd v Cloyd, the Court of Appeals held that a wife should have been awarded alimony where the factors clearly weighed in her favor. The record included incidents in which the husband hit her, pulled out a gun, and choked their son.^[2]

What evidence of domestic violence counts in a divorce?

A divorce court makes its own findings on the evidence presented to it. Two points from the cases are worth knowing.

First, a PPO is not proof by itself. In Loutts v Loutts, a spousal-support dispute, the Court of Appeals said the trial court "correctly noted" that the fact the wife obtained a PPO against the husband did not "automatically import a finding of domestic violence." One domestic violence charge against the husband had been dismissed and he had been acquitted of the other.^[8]

Second, where children are involved, the custody statute speaks of "domestic violence" rather than of a conviction, and it applies regardless of whether the violence was directed against or witnessed by the child.^[9] That subject has its own guide: domestic violence and child custody.

Protection orders during a divorce

A divorce and a PPO are separate cases. A court handling a divorce, separate maintenance or annulment may issue a PPO to protect one party from the other, and the existence of a divorce judgment does not prevent a PPO.^[4] But a personal protection action is an independent action commenced by filing a petition; under the court rule it may not be started by filing a motion in an existing case.^[5]

The distinction matters because the two kinds of order are not the same.

Type of order	How it is obtained	What the sources say about it
Personal protection order	A separate petition under the PPO court rules[5]	May be issued while a divorce is pending or after judgment[4]
Ex parte or temporary order in the divorce case	Within the divorce case itself[10]	An ex parte order is effective upon entry and enforceable upon service[10]

A PPO also interacts with any custody or parenting time order: it takes precedence over an existing custody or parenting time order until it expires or the custody court modifies its order to accommodate it.^[11] PPOs are explained in personal protection orders in Michigan, how to get a PPO, and PPO vs. no-contact order vs. restraining order.

A criminal case can add a third order: a bond condition barring contact, issued by the criminal court. How to communicate about a divorce while such an order is in place is a question for the lawyers in both cases; see no-contact orders explained.

Mediation and the friend of the court

The court rules limit mediation where there has been abuse or a protective order is in place.

1. A hearing first. Unless the court first conducts a hearing to determine whether mediation is appropriate, it "shall not submit a contested issue in a domestic relations action, including postjudgment proceedings," to mediation if the parties are subject to a PPO or other protective order, or are involved in a child abuse and neglect proceeding.^[3]
2. The protected party can choose it. The court may order mediation without a hearing if a protected party requests mediation.^[3]
3. Exemption on request. A party may seek exemption from mediation on grounds that include domestic abuse, unless attorneys for both parties will be present at the mediation session, and reason to believe that one or both parties' health or safety would be endangered by mediation.^[3]

The friend of the court office has parallel duties. Each office's alternative dispute resolution plan must include a screening process for domestic violence, the existence of a protection order between the parties, child abuse or neglect, and other safety concerns, and must provide a method to address them.^[12] "Protection order" in that setting includes PPOs and protective conditions of pretrial release, probation and parole.^[12]

Parties also cannot opt out of friend of the court services where there is evidence of domestic violence or uneven bargaining positions and a party has declined services against the best interest of the party or the child.^[12]

Michigan's Batterer Intervention Standards make a related point from the criminal side: batterers should not be referred to alternative dispute resolution services in place of batterer intervention.^[13] See batterer intervention programs in Michigan.

Civil claims between spouses

Divorce divides property and decides support; it does not compensate for injuries. For that, Michigan allows a separate civil claim: "it is well established in Michigan that one spouse may maintain an action against the other for certain torts committed during their marriage."^[6]

• A divorce judgment does not bar a later battery claim; the claim "is neither barred by nor merged into the divorce judgment."^[6]
• If the divorce court actually decided that the abuse occurred, that finding cannot be relitigated in the later case.^[6]
• A settlement agreement releasing "all claims" can bar later tort claims.^[6]

The deadline for filing such a suit was not researched for this library, so no time limit is stated here. Other financial remedies, including crime victim compensation and restitution in the criminal case, are covered in workplace and financial protections for victims and restitution in domestic violence cases. If a conviction is later set aside, that does not affect the victim's right to prosecute or defend a civil action for damages.^[14]

Children, housing and firearms

Several issues that arise in a divorce involving domestic violence have their own guides in this library:

• Custody is decided on the best-interest factors, of which domestic violence is factor (k); Michigan has no statutory presumption against a parent who committed it.^[9][15] See domestic violence and child custody.
• Parenting time can be supervised or conditioned.^[16] See parenting time, supervision and exchanges.
• A tenant who has a reasonable apprehension of present danger from domestic violence can be released from a lease obligation by following the statutory notice procedure.^[17] See housing rights for domestic violence victims.
• A PPO entered in connection with a divorce can affect firearm licensing.^[18] See PPOs and firearms.

What people get wrong

• "Michigan is no-fault, so abuse is irrelevant." Fault remains a factor in property division and spousal support.^[1][2]
• "Abuse entitles the other spouse to most of the property." The court must consider all the relevant factors and may not give disproportionate weight to any one.^[1]
• "A PPO settles the question of domestic violence in the divorce." It does not automatically import such a finding.^[8]
• "The divorce ends any claim for the assault itself." A battery claim is not barred by or merged into the divorce judgment, though a release of all claims in a settlement can bar it.^[6]