Fault and Divorce in Michigan
When handling divorce matters, the issue of fault often comes up. In Michigan, by law, there are many types of fault that the court may consider when dividing property or awarding alimony. One form of fault that is unfortunately present in many divorce cases is emotional and verbal abuse.
Emotional and Verbal Abuse
In many cases there are issues surrounding emotional or verbal abuse. This can be a very serious form of abuse from name calling to constantly berating the other spouse as a means for control. The issue in many cases is that emotional and verbal abuse run along a continuum from the lower forms of verbal abuse, emotional abuse and insensitivity to very serious issues that cause serious emotional damage and harm to the other spouse psychologically.
Will it Make a Difference in My Case?
The courts in Michigan are very well aware of how serious emotional and verbal abuse can be, particularly in areas where it is used as a method of control. In the instances of more serious abuse the courts will generally take this into consideration when dividing the property and when considering property. However, as a general rule, the court will not grant one party more than sixty (60%) percent of the marital estate when it comes to dividing the assets. These cases are fact specific and to get a true understanding of how such issues may effect you if it comes to a divorce, please contact Cameron C. Goulding Family Law and Mediation in Rochester, Michigan.