Married couples file for divorce for a broad assortment of different reasons. Adultery is one of the most common issues that results in the end of a marriage. When one spouse discovers that the other has been unfaithful, they may file for divorce shortly thereafter.
Many spouses who learn about marital infidelity want justice for the violation of their marital vows. Some people spend weeks gathering evidence of the affair. They may want vindication from the Michigan family courts. They may also have heard that Michigan has a law against adultery. They want to see their spouse prosecuted for their misconduct.
Is it true that marital infidelity is currently a crime in Michigan?
Adultery is technically a felony
According to current Michigan statutes, adultery is a felony offense. Both parties involved in an illicit extramarital relationship are technically in violation of Michigan state statutes. Unfortunately for disillusioned spouses seeking vindication in the courts, Michigan prosecutors generally do not pursue adultery cases.
Even if one spouse has clear evidence showing that the other cheated, the prosecutor in their county is unlikely to take on the case. The few recent cases where the state has enforced the anti-adultery statute have involved adultery charges brought as secondary offenses to another significant crime, such as a drug offense.
Family courts don’t consider fault
The unfortunate reality of no-fault divorce in Michigan is that those who learn that their spouses cheated have no real options for legal recourse. No-fault statutes prevent judges from considering marital misconduct when making property division determinations or other major decisions about a divorce.
Despite the seemingly harsh statute on the books in Michigan, the courts are unlikely to vindicate someone who discovers a spouse’s infidelity. Frequently, the best path forward for those affected by extramarital affairs is to focus on their own healing and on planning a better life.
Pursuing a divorce after discovering infidelity is often a smart move. The family courts can help people exit an unhealthy marriage, but they may not provide the justice and closure some spouses desire. People who understand the law in Michigan are less likely to have unrealistic expectations for the process.
