Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

616.608.4634

Archives for January 2022

How Long Does It Take To Get A Divorce In Michigan?

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Under Michigan law, if there are no minor children of the marriage, the mandatory wait period is 60 days from the date of filing the complaint for divorce.  If there are minor children of the marriage, the statutory wait period is six months from the date of filing the complaint for divorce.  These statutory wait periods are defined in MCL 552.9(f).

Typically, a divorce will only be completed within these statutory wait periods if the parties agree on the terms of the judgment of divorce (the divorce remains uncontested).  However, many divorces cannot be completed as uncontested divorces.  Because of that, the actual time-frame to complete a divorce in Michigan is based on many factors such as:

Divorce Time Frame
  • The complexity of the case
  • What issues the parties cannot resolve
  • If there is a need for mediation
  • If there is a need to complete the discovery process
  • If there is a need for trial

If the divorce remains contested, the actual date of completion of the divorce will realistically exceed the statutory wait periods.

More commonly seen for time-frames to complete divorces in Michigan is that the process takes between six to nine months. If your divorce remains contested, and a trial is necessary, you can expect to have a trial scheduled and completed within a year of the date of filing. This means if your case requires a trial with the judge, you will not be divorced until a trial is held and a judge makes their final ruling.

If you have questions about how long a divorce takes in Michigan or any other questions related to the divorce process, contact Schmitt Law, PLLC and set up an appointment. Give us a call at 616-608-4634.

Questions for the Initial Interview With an Attorney

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Most people are overwhelmed when they find it necessary to meet with an attorney to discuss a possible divorce.  And most people are unaware of what questions they should ask during the initial interview.  It is also true that the biggest issue between a client and attorney is communication.

When you are at the initial interview, you want to make sure that you and the attorney will be a “good fit” and be able to work together effectively.  If the following questions are discussed at the initial interview, there is less likelihood of misunderstandings with your working relationship with the attorney.

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Questions to ask Attorney
  1. How will you communicate with me?  Do you handle most communication via the telephone, email, text, zoom, in person meetings, or a portal?
  2. What time of day and what days are you available to communication with me?  Is it simply regular business hours, or do you allow communication after hours and on the weekends?  If you allow communication after hours or on the weekends, is it via telephone, cell phone, email, or text?
  3. When I contact you, how long will it be before I get return communication from you?  Do you return calls, emails, and texts within a specific period of time?  If so, what is that timeframe?
  4. Are after hours or weekend communication billed at a different rate other than your regular rate of pay?  If so, what is that hourly rate?
  5. Will most of the communication with your office be directly with you or other staff members?  If it is with staff members, will I be charged for that time, and if so, what is that hourly rate?
  6. What is your hourly rate, and is there a minimum billable time?
  7. What will I be charged for?  Calls, letters, emails, communication with your staff?
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If you ask these simple questions during the initial interview, you will have a greater understanding of how the attorney addresses communication with their clients, and whether their style of communication will meet your expectations and needs.  As the divorce process is hard

What Is Considered Marital Property In The State of Michigan?

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Is the house considered marital property?

Property in Michigan

If the house was acquired during the marriage and paid with marital funds, it is marital property.  If one party is to retain the house, the house should be appraised (considering the volatility of the current market).  Once the fair market value has been determined, then we subtract all mortgages and home equity loans from the value to determine the net value of the home.  That net value will be divided equally between the parties.  This means the person retaining the home will owe the other party one half of the net value.  If the house was owned by one the parties prior to marriage, then we have an issue of “separate property”.  Separate property means that one party purchased the house prior to marriage and may have a claim to the equity that was in the home at the time of the marriage.  If this is the case, then it needs to be determined what the value of the home was prior to marriage, minus any mortgage on the home, to determine the net value.  That net value may be given to the party before determining the true net value to be divided.   As an example:

Home purchased prior to marriage

  • Appraised value at time of marriage  $100,000
  • Mortgage at time of marriage                $50,000
  • Net value                                        $50,000

The party owning the home prior to marriage would be given credit for the first $50,000.00 of equity in the home before determining what would be paid to the other party.

Of course, this example is an over-simplification, and further information would be needed before Schmitt Law, PLLC could provide legal advice about your specific case. Also see my blog “Marital Property verses Separate Property” for more information regarding this subject.

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Are bank accounts considered marital property?

If the bank accounts were opened during the marriage, they are marital property.  It does not matter if each party contributed equally to deposits into the account.  This means the person who may have contributed more does not get a larger division of the account, as the entire balance is considered marital for the purposes of division of the account.

Are retirement accounts considered marital property?

For the purposes of this blog, I will provide a simple answer.  If the money in the retirement account was acquired prior to marriage, and no other monies were deposited into the account during the marriage, the account most likely will be classified “premarital” and remain the sole account of one party.  This means it will not be divided between the parties.

If the money in the retirement account was deposited into the account during the marriage, the account will be classified as marital and should be divided equally between the parties.

Note, that this is a complex subject, and should be thoroughly discussed with your attorney, as there are gray areas to this issue that will not be discussed in this specific blog.  Note that this is a complex subject, and the answer provided is an over-simplification of the subject.  Further information would be needed before Schmitt Law, PLLC could provide legal advice about your specific case.

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Are vehicles, boats, or other recreational vehicles considered marital property?

 If the vehicle was purchased during the marriage, it will be classified as marital property.  The most typical scenario is that one party will retain the vehicle, the equity value* of the vehicle will be determined, and the other party will receive credit for one-half of the equity value.  Another scenario is that the vehicle may be sold, and the proceeds divided equally between the parties.

If the vehicle was purchased prior to the marriage, and marital funds were not used to purchase or pay for the vehicle (or any loan), the vehicle most likely will be classified “premarital” and remain the sole property of one party.  This means that not equity value will be shared with the other party.

* Equity value: the market value of a specific item, minus any loan owed on the item = equity value

Are wedding rings considered marital property?

 Engagement/Wedding rings are conditioned on the marriage taking place.  If you were married, then the ring is considered a gift, and does not need to be returned to the other party.  If there was no marriage, then the ring must be returned.  In a divorce situation, each party retains their respective engagement/wedding rings as their sole personal property.

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Are pets considered marital property?

In the State of Michigan, animals are considered “personal property” for the purposes of property division.  Some judges in Michigan treat dogs like any other personal property, in which case the highest bidder for the animal should win. The traditional method is simply assigning fair market value to the dog.

Some judges will consider other issues in determining the division of animals:

  • Nature of the pet, i.e., companion, family pet, service animal. •
  • Sentimental value of the pet to one party versus the other.
  • In which party’s name is the dog registered?
  • Even if the property is separate (i.e., owned by one party before the marriage) it can be transmuted into marital property through use, care, feeding, walks, etc., by the other party.
  • Who purchased the animal?
  • Who is the primary caretaker?
  • Show receipts for veterinary care by one party.
  • Show licensing records.
  • Grooming receipts by one party.
  • Dog training classes by one party.
  • Who feeds the dog?
  • Who buys things for the dog?
  • Neighbors’ testimony that one party always walked the dog,

Also see my blog “Divorce “The New Custody Case – Pets!” for more information regarding this subject.

To discuss solutions with your property division issues, or any other aspect of your divorce process, contact me, Laurie Schmitt, at Schmitt Law, PLLC. I am an Attorney, Mediator, and Collaborative Divorce lawyer.

Collaborative Divorce Process

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We can agree that divorce is a difficult process for a married couple to go through. In the collaborative divorce process, the focus is on cooperation, not litigation.

In the collaborative divorce process, the parties resolve their issues in a respectful manner, using a team approach.  The team assists the parties in crafting solutions in the best interest of each party, without involving the judge to make their final decisions.

A few of the differences between the collaborative divorce process and a litigated divorce are:

Collaborative Divorce Process
  • The parties agree to the collaborative divorce process and agree to resolve their differences without court intervention.
  • The emphasis is on fashioning solutions that take into account each of the party’s needs and goals and keeping the attention on the needs of their children.
  • The parties look to reach a fair and equitable settlement of all their issues, while  maintaining control of the final outcome.
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In the collaborative divorce process, the parties, their respective attorneys and a coach meet in a group setting.  An agenda is set for each meeting, to assist the team to stay on track.  These meetings are designed to encourage the sharing of ideas and settlement options.

The collaborative divorce process requires the parties to commit to work together, and agree to forgo litigation.  When the parties share the mindset that they want to control the end result of their divorce, and want to make decisions in the best interest of their children, the collaborative divorce process is a great solution to protracted and expensive litigation.

Laurie K. Schmitt, founder of Schmitt Law, PLLC, is an Attorney, Mediator, and Collaborative Divorce lawyer. When possible, she guides her clients through amicable divorce settlements so they can move forward with their life.  Contact Laurie to schedule a consultation to discuss the collaborative divorce process and how it can benefit you.