Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

616.608.4634

Archives for December 2021

Preparing For The Initial Consultation

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You made the appointment for your initial consultation and now wonder what you should bring to the first meeting with the attorney.  For the attorney to prepare a snapshot of your case, you should be prepared to answer questions regarding your finances and property holdings.  To make the most of that first meeting, I suggest having the following information and/or documentation with you:

Consultation for Divorce
  1. List of all bank accounts.  Provide account numbers, current balances, and statements for the last three months for each account.  (savings, checking, CD’s, credit unions)
  2. Copies of titles and registrations for all vehicles, boats. etc.
  3. Blue book values on all vehicles and boats.  Print reports for private party values for each vehicle and/or boat.
  4. Warrant Deed and statements reflecting mortgage balances owed for all real estate.
  5. Copy of Appraisal for home (if recent).
  6. Copies of life insurance policies.
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  1. Most recent property tax statement and any recent appraisal reports for all real estate.
  2. Statements for each retirement account statements (401k’s, IRA’s, 403B’s, pensions, profit sharing, etc.).
  3. Statements for investments (stocks, bonds, mutual funds, etc.).
  4. Information for inheritance received during the marriage.
  5. List all credit cards and other debts (mortgages, car loans, home equity lines of credit) indicating whether joint or individual, and balance owed, and provide copies of statements for the last three months for each.
  6. Documents for all other indebtedness.
  7. Any financial statements recently prepared (ex: for loan applications).
  8. Recent paystubs for both spouses.
  9. The last three years’ tax returns with W-2’s and schedules attached.
  10. Business interests, corporate stock certificates, etc.
  11. Franchise agreements.
  12. Employment Contracts.
  13. Lease agreements.
  14. Copy of household budget if used.
  15. Prenuptial or postnuptial agreements.
  16. If you have children under 18:
    • Verification of yearly daycare costs
    • Information on, or copy of, current health care cards
    • Cost of employer provided health insurance with breakdown for costs for self and cost for self with family
  17. Often, attorneys do not need to review all of these documents at the initial interview.  However, having the information in your hands during the first meeting will assist you in answering questions regarding your finances.  And the more specific the information you can provide to the attorney, the better the legal advice will be.

For more information about your rights as it pertains to divorce, contact me, Laurie Schmitt, Attorney at Law, at Schmitt Law, PLLC, by calling 616-608-4634.

Contested vs. Uncontested Divorce

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One question I receive often is what is the difference between a contested and uncontested divorce.  The following chart diagrams the difference between the two types of divorces:

CONTESTED DIVORCEUNCONTESTED DIVORCE
A summons and complaint for divorce is filed with the court. A summons and complaint for divorce is filed with the court.
The opposing party is served with the summons and complaint for divorceThe opposing party is served with the summons and complaint for divorce.
The opposing party may file an answer to the complaint for divorce.The opposing party may file an answer to the complaint for divorce.
The affidavit of service is filed with the court showing that the opposing party was served with the complaint for divorce.The affidavit of service is filed with the court showing that the opposing party was served with the complaint for divorce.
The court sets a scheduling conference – This hearing is where the court sets dates for mediation and discovery.The court sets a scheduling conference – This hearing is where the court sets dates for mediation and discovery.
Discovery is exchanged – discovery is a process in which each party asks the other for documents.  These documents include, but are not limited to: deeds, titles, registrations, appraisals, life insurance policies, retirement account information, credit card and other indebtedness, paystubs, tax returns, business documents (if one party owns a business), and any other documents specific to the parties.   The parties work together to craft the terms of their judgment of divorce.  These will include provisions for custody, parenting time, division of real and personal property division of assets and debts, and any other provisions specifically related to the parties’ divorce.
Mediation is held – mediation is a process wherein the parties meet with a third-party neutral trained in domestic relations mediation. The mediator assists the parties in reaching an agreement.  If the parties are unable to reach an agreement, the case moves forward in the court. Once the parties reach an agreement, and after the statutory time has lapsed, a final hearing is set and held and the parties are now divorced.
The court sets a settlement conference –A settlement conference is a hearing where the court meets with the attorneys and parties to address the outstanding issues and see if settlement can be reached. 
If the parties are unable to reach an agreement at the settlement conference, the case is set for trial. 
Trial is held wherein both parties present testimony to the judge.  The judge reviews the testimony and makes the final decision on the outstanding matters. 
A judgment of divorce is drafted to comport with the judge’s ruling, the judge reviews and signs the judgment of divorce and the parties are now divorced. 
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As you can see, a contested divorce is a much lengthier process, and more costly and time consuming.  A contested divorce puts all of the control of the outcome of the parties’ divorce into the hands of the judge.  An uncontested divorce allows the parties to maintain total control of the outcome.  When parties are able to reach an agreement through an uncontested process, they are more satisfied with the results, and rarely need to return to court for post-divorce matters.

For more information about how an uncontested divorce can work for you, contact me, Laurie Schmitt, Attorney at Law, at Schmitt Law, PLLC, by calling 616-608-4634.

What Is A Child Centered Divorce?

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You may be thinking what is a child centered divorce, and can a child centered divorce really be achieved?  A child centered divorce is where the parties are concerned about the impact of their divorce on the children and maintain the focus of the divorce on the needs of the children.  And yes, this can be achieved.

The following are important points you should know about a child centered divorce:

1.         Make your divorce “all about the children”, and agree to work together to keep the children’s emotional needs as their focus of the divorce.  This means that the parties’ actions, now and in the future, will be in the best interests of their children, and they will make their decisions and continue to communicate with this in mind.

Child-Centered Divorce

2.         The parties are banned from discussing details of the divorce litigation with them. This is not to say that they children should not be told about the divorce.  But information provided to the children must be in the most general terms, age appropriate, and without specific details or viewpoints.

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3.         Do not disparage the other or their family members in front of the children.  The parties shall refrain from disrespecting the other or their families and friends, and shall refrain from making disparaging remarks, false statement, and false accusations about each other and encourage their friends, relatives, and neighbors to avoid making the similar remarks.

4.         Agree never to place the children in the middle of the divorce.  It may be difficult to refrain from talking about the divorce, but with a little willpower, it can and should be done.  Children love both parents and should not be placed in a position that they feel they must take your side or choose between their parents.  Therefore, there should be no discussion, derogatory comments, or questioning of the children concerning the other parent, the other parent’s relationships, or the other parent’s activities.

5.         Children should be assured that they are not the cause of the divorce, and that both of you still love them even though you will not be living together as a family any longer.

In summary, children should be left out of disputes, and certainly do not need to know specifics about the divorce litigation.  The parents are the ones who should carry that burden of the divorce process, not the children.  Support the children by being civil to one another, and understanding that the children may be struggling with this process as well.  Put the children’s needs first to avoid putting the children through needless drama.

For assistance with your divorce process, contact Schmitt Law, PLLC to schedule an appointment.