Archives for February 2022

Informed Decision Making In A Divorce

February 23, 2022 By Laurie Schmitt

There have been many times meeting with new clients that they state they want their divorce to be quick, simple, and inexpensive. They want swift closure to the case, so that they can move on in their lives. However, the mindset of “let’s get this done fast” can lead to clients making poor financial choices. And the choices clients make during their divorce can have long lasting financial impact on their future.

There are many financial decisions to be made when getting a divorce such what party will retain the house or will the house be sold, what is the value of the marital home, how much child support am I entitled to, how much spousal support am I entitled to, what will be the division of the stocks, bonds and retirement accounts, and who will be responsible for the debts acquired during the marriage.

So, what does it mean for clients to make informed decisions about the matters listed above? In order for clients to make informed decisions regarding financial matters, it is necessary to know the client’s assets, debts, and income – a spreadsheet of their finances is required. In order to obtain a full picture of a client’s financial position, it requires documents to be gathered and analyzed. Once the attorney has a full picture of the client’s financial position, it is then that the attorney can provide solid legal advice to the client.

There are times the necessary financial documents and information are easily obtained. Other times, it requires third parties to assist such as appraisers, financial advisors, and accountants. If the parties cannot agree on value of the business, marital home, or personal property, appraisers need to be hired. If there are complex issues in a specific case, it is not uncommon for the parties to have discussions with their financial advisors, and for the attorney to defer to an accountant to assist with review and preparation of a financial spreadsheet.

Clients grow weary during the divorce process. And at times clients fail to see the value in appraisals and third-party assistance. However, it is then that the attorney must educate the client as to the reasons to obtain an accurate picture regarding their financial status so that a fair and equitable division can be made. And, without accurate financial information it is difficult to calculate what is appropriate for child support and spousal support.

Because financial decisions made during a divorce impact the clients for a significant period of time, or for a lifetime, it is imperative that clients be educated to the value of “getting it right” the first time, to eliminate “buyer’s remorse”. Clients must understand that there is no second bite of the apple when it comes to property and debt distribution.

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 or on the following link: https://laurieschmittlaw.com/contact/

Communication With Your Attorney

February 14, 2022 By Laurie Schmitt

It is important in the early stages of your relationship with your attorney to understand and agree to the preferred method of contact between you and your attorney. Do they prefer emails, texts, or telephone calls? If you establish an agreement about communication when you retain your attorney, you will find that communication, and responses to your communication will be more efficient.

Also, in the initial interview I inform clients that if they are going to be communicating with me from an email account, they should never use their work email account. When you communicate through a work email account, there is no expectation of privacy. What does that mean to the client? That means that any communication you have with your attorney may not be confidential. Your employer may have access to your email account. And, because you may not have any expectation of privacy from that email account, it may not be considered by the court to be confidential. If your email account is not confidential, all communication from it can be subpoenaed by the other attorney and used against you in court.

Similarly, to protect client privacy, clients should open a new secure email account for the sole purpose of communicating with their attorney. The reason for this safety measure is so your spouse cannot gain access to it. If you use a former email account, it may be that you spouse has the password to your account, or could guess what it may be. Open a new account, and password protect it with a password that is obscure, and one that you have never used before. There is nothing more horrifying than to know all of your email communication between you and your attorney has been compromised by your spouse.

Lastly, in January, 2022, Dearborn police reported that criminals have been attaching a small Apple tracker to people’s vehicles in order to monitor them for stalking or auto theft. Officials said Apple AirTags — quarter-sized GPS tracking devices designed to help people locate their wallets, car keys and other personal items — are being used to illegally track people and vehicles. Even though in Michigan, it’s illegal for a citizen to track anyone with a GPS device without their knowledge, it happens not only from criminals but with soon-to-be ex-spouses. If you have a concern that this will be an issue in your case, you can easily monitor for Apple Tags. This is automatic for iPhones, and clients using Android devices can be advised to download and install the app.

If you have questions about the best methods to communicate with your attorney, 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.

Rules For Texting, Phone Calls and Social Media

February 7, 2022 By Laurie Schmitt

If you have a contentious relationship with your soon-to-be ex, then the first statement I make to clients is to limit their communication with the other party to texting only, and to essential communication about the children. If it is not a legitimate issue that must be addressed with the other party, then do not send the text.

Be mindful that anything you text can be brought into court as evidence and used against you in a custody hearing or trial. Think before you send that text “do I want the judge to see this text?”.

Learn to have self-control when you receive a text that upsets you. You DO NOT need to respond immediately, or perhaps not at all. Nothing is gained by keeping the bantering going. This may sound easy, and I respect that it is not. It is critical for couples who do not get along to find a way to effectively communicate (leading to effective co-parenting). And, inappropriate texts/or responses to them can be used against you in court.

To address social media, my statement to clients is to not litigate their case on social media sites. Do not post inappropriate comments or pictures, or any information about your case. The information or pictures you post can be used against you in court. Again, ask yourself “do I want the judge seeing this information or pictures and will this put me in a bad light in front of the judge?”. Bad behavior on social media sites really cannot be explained away in front of a judge. For additional information about social media see my blog “I want to win custody of my children, but I love Facebook…”.

To summarize, while the other party may poke at you via text or phone calls, this is the time to dig deep and develop self-control about how and when to interact with your spouse. Learning that you do not need to respond immediately, or at all will lower your anxiety, hopefully reduce the back and forth between the two of you, and will protect you in the event that your case is required to be heard by the judge.

If you have questions about communicating with the other party while going through a divorce or custody battle, 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.

Archives for February 2022

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