Michigan is a no-fault divorce state. Under Michigan Compiled Laws Section 552.6, a divorce may be granted when a marriage has broken down beyond repair without requiring either spouse to prove wrongdoing.

While the law was designed to reduce conflict in family court, it raises an important question: Should proven infidelity carry greater weight when children are involved?

No-fault divorce removes the need to establish blame for a failed marriage.

In many cases, this approach reduces lengthy disputes and allows families to move through the legal process more efficiently. The system serves an important purpose particularly when parents are attempting to move forward after a difficult separation. 

However, infidelity remains a reality in many marriages. 

Approximately 20% of married men and 13% of married women reported being unfaithful to a spouse during marriage. When children are involved, the effects of that decision often extend beyond the relationship between two adults.

Michigan is a no-fault divorce state, and infidelity is often treated as a secondary issue unless it directly affects a parent’s ability to care for a child. Michigan family courts instead focus on the “best interests of the child” standard when making custody decisions. Divorce and family conflict can contribute to emotional and behavioral challenges for children. 

Research has shown that adolescents with separated parents face a higher risk of greater psychiatric disorders than peers living in two-parent households. Changes in routines, living arrangements, family relationships and household stability can create stress during important stages of development. 

A divorce may legally end a marriage but it does not end its effects on a family. 

Children do not choose divorce and they do not choose the actions that contribute to it. They are frequently required to adapt to circumstances created by decisions that were beyond their control. That reality deserves greater attention when discussing family law. 

Infidelity contributes to a divorce, children may experience additional feelings of confusion, mistrust and divided loyalties as they attempt to understand the changes. While every situation is different, counselors often emphasize that conflict and instability surrounding a divorce can have lasting effects. 

Supporters of no-fault divorce argue that assigning blame would increase conflict and make divorce cases more difficult to resolve. 

There is a merit to that concern, and courts should not become venues for personal retaliation between former spouses. At the same time, removing fault from the conversation entirely may overlook circumstances that contributed to a family’s breakdown. When proven infidelity contributes to the collapse of a marriage involving children, the effects often extend beyond the spouses themselves.

Michigan law already allows courts to examine many factors that affect a child’s welfare. If proven infidelity contributes to instability within a family, lawmakers should consider whether judges need greater discretion to weigh those circumstances alongside other relevant factors. 

That does not mean that every instance of infidelity should determine custody outcomes or automatically result in financial penalties. 

Instead, it means recognizing that actions affecting the stability of a household may also affect the children who depend on it. 

Michigan’s no-fault divorce system serves an important purpose, but protecting children should remain the highest priority. Lawmakers should consider whether proven infidelity should play a larger role in cases involving children. 

And when courts evaluate factors that affect a child’s well-being, the circumstances that contributed to a divorce shouldn’t be ignored. Including infidelity as part of that discussion may help ensure that children’s interests remain at the center of the family law.