IN DIVORCE WILL THE AFFAIR MATTER IN MICHIGAN

A Flint Divorce Attorney shares his thought on a high profile infidelity. What do you think?

WHEN THE HUSBAND HAS AN AFFAIR

It is an unfortunate reality of some marital break ups, one spouse has an affair. We see that in the tabloids where an actress we all respect has had that happen to her.

Marriages have their ups and downs.

Each of the parties should follow their hearts and do what is best for the children and themselves.

Putting the children first is a life test for parents.

Think of the confusion and hurt of the children.

Think of the pressure on the parents. Its public and high profile. So what! The parents must privatize this as quickly as possible.

Their children will measure them by how they see their parents handle this.

It will affect the children forever.

Does it really matter that the husband sought out a stripper. in Michgian when evaluating a parents fitness for child custody or parenting time in a Flint Divorce Court what is called a Best interest factor is used (f) The moral fitness of the parties involved.

The position of Jesse James if her were in Michigan is weakened because the concept of fault can be factored into a custody decision even given Michigan’s no-fault divorce statute. Feldman v Feldman, 55 Mich App 147, 222 NW2d 2 (1974); Kretzschmar v Kretzschmar, 48 Mich App 279, 210 NW2d 352 (1973).

Factor “f” evaluates the parties’ relative moral fitness only as it relates to how they will function as a parent and not as to who is the morally superior adult. Fletcher v Fletcher, 447 Mich 871, 526 NW2d 889 (1994) (error in finding that this factor favored plaintiff; there was no evidence that defendant’s extramarital affairs had any adverse effect on her ability to raise children).

THE AFFAIR CAN BE USED TO DEMONSTRATE HIS POOR JUDGEMENT

Although an extramarital affair is not necessarily a reliable indicator of the party’s parenting ability, in Berger v Berger, 277 Mich App 700, 747 NW2d 336 (2008), the court found that the unique nature of defendant’s affair, i.e., seducing the children’s nanny, plaintiff’s cousin, in the marital home, demonstrated extraordinarily poor judgment and lack of insight about the impact his conduct could have on everyone in the household, including, ultimately, the children.
　
Maybe the selection of a stripper means he never wanted a relationship. But it still hurts those he loved the most.

We can watch this saga and wonder how will a divorce court react to this drama?
In Flint Family Law Court in Michigan a “no fault” divorce state; the words “no fault” can be misleading. If the parties reach a final settlement on all issues, fault is not a factor. If there is a dispute about property, child or spousal support, parenting time, or custody, fault may become an active ingredient in resolving these issues.
　
“The ballad of Jesse James seems headed for a showdown, as family fallout continues amid infidelity allegations aimed at Oscar-winner Sandra Bullock's husband of five years.[3]

WAS SHE EVER AROUND THE CHILDREN

A San Diego-based tattoo model, McGee claimed to have had a months-long affair with Jesse James, the husband of recent Oscar-winner Sandra Bullock. [1]

WHAT A HARD FALL THIS MUST BE

“Talk about humiliation. Bullock, 45, spent the entire awards season effusively thanking her husband for having her back and making her a better actress. Just 10 days ago, she acknowledged him again on the Oscar stage and when the camera panned to the star of the cancelled Monster Garage TV series, there was a touching tear sliding down his cheek. “[2]
　
MICHIGAN IS A NO FAULT STATE .WILL AN AFFAIR MATTER? YES1

Michigan is a no-fault divorce state, here fault is a consideration in property awards, as it is with child custody. However, fault may not be used as a punitive basis for an inequitable division. McDougal v McDougal, 451 Mich 80, 545 NW2d 357 (1996).

Posted here by
Terry Bankert
A Flint Divorce Lawyer.
http://www.dumpmyspouse.com/
see
[1]
http://www.people.com/people/article/0,,20352881,00.html
[2]
http://blogs.ajc.com/misadventures-in-atlanta/2010/03/19/can-we-have-it-all/?cxntfid=blogs_misadventures_in_atlanta
[3]
http://www.newsday.com/entertainment/celebrities/more-fallout-over-jesse-james-alleged-infidelity-1.1819094