Archives for April 2022

How To Prepare For a Divorce Mediation

April 29, 2022 By Laurie Schmitt

Ending a marriage can be incredibly difficult. Unfortunately, many people believe that litigation is the only way to end their marriage. However, there is an alternative to resolve the outstanding issues and complete your divorce and that is through Mediation.

WHAT IS MEDIATION?

In Mediation, the parties and their attorneys meet with a neutral third party who will assist you in coming to an agreement that is fair and equitable.

WHY DO I WANT TO PARTICIPATE IN MEDIATION?

Mediation offers a less stressful option for couples in that the mediation process offers the couple the ability to maintain total control over the outcome of their case. Additionally, Mediation can save you both time and money verses litigating your case.

WHAT DO I NEED TO DO BEFORE MEDIATION?

Before you attend Mediation, it is important for you and your attorney to prepare. It is also imperative that both you and your attorney have a shared understanding of what your desired outcome is at mediation. At Schmitt Law, PLLC, we sit down with our clients prior to mediation and discuss our strategy. This allows us to be “on the same page” with the client when we attend Mediation.

In order to have a successful mediation, the following information must be compiled prior to attending a divorce Mediation:

Statements for all of your bank accounts.
A list of your vehicles, with a Kelly Blue Book value on each vehicle.
A list of your recreational vehicles (boats, campers, snowmobiles, etc.), with values for each.
Copies of all appraisals for each real property. If you have not had your real property appraised, have it appraised prior to mediation.
Statements for life insurance policies, and their cash value.Statements for each of your retirement accounts (401k’s, IRA’s, 403B’s, pensions, profit sharing, etc.).
Statements for each of your investments (stocks, bonds, mutual funds, etc.).
Statements for all of your credit cards, and documents for all other indebtedness.

If you have children under 18:

Verification of yearly daycare costs.
Cost of employer provided health insurance with breakdown for costs for self and cost for self with family.
Tuition statements.
Prior to mediation discuss with your attorney
- What type of legal custody you are seeking.
- What type of physical custody you are seeking.
- What parenting time schedule you are seeking.
- What holiday schedule you are seeking.
- What type of telephone contact you are seeking.
- Who will provide transportation for pick up and return of the children.
- Who will claim the child as a dependent under City, State and Federal Taxes.

Make sure to provide copies of the documents to your attorney, to ensure they have them available at mediation. The preparation you and your attorney do now will hopefully result in a fair and equitable agreement at mediation (and completion of your divorce).

Experienced Divorce Attorney

We understand that filing for divorce can be an emotional and confusing experience. That is why we are committed to providing personalized service to each client we represent, and will be with you through this difficult journey. We are prepared to guide you in all aspects of your case.

To discuss your circumstances and legal options, contact Schmitt Law, PLLC online or call (616) 608-4634 to schedule a consultation.

How To Serve Divorce Papers

April 25, 2022 By Laurie Schmitt

There are several ways to serve your spouse with divorce papers in the State of Michigan. The following are the forms of service available in which you may serve divorce papers, along with the pros and cons of each.

By a Process Server

The first way to serve your spouse with divorce papers is by hiring a process server. This is a very common way in which attorneys have your spouse served with divorce papers.

Once the process server has completed service, they will file an affidavit of service showing the court the manner, location, date, and time your spouse was served. After your spouse has been served by a process server, they will have 21 days to file a response to the complaint for divorce.

Pro: That service will be handled properly.

Con: There is a fee associated with hiring a private process server to serve divorce papers.

By Mail

The second way to have your spouse served with divorce papers is by mail. They must be mailed registered or certified/return receipt requested, with delivery restricted to the addressee.

Service is made when your spouse acknowledges receipt of the mail. A copy of the return receipt signed by your spouse must be attached to proof showing service and filed with the court.

After your spouse has been served via mail, they will have 28 days to file a response to the complaint for divorce.

Pro: It is easy and cost effective.

Con: The post office can fail to return the return receipt to you. Or the post office allows someone other than your spouse to sign for the restricted delivery mail. If someone other than your spouse signs for the restricted delivery mail, it will not be considered proper service.

By a Third Party

The third way to have your spouse served with divorce papers is through a third party. It may be any legally competent adult who is not a party to the action. This means you are not allowed to serve your spouse personally. But you may have a friend or family member do so, as long as they are 18 years of age or older.

After your spouse has been served by a third party, your spouse will have 21 days to file a response to the complaint for divorce.

Pro: It is free.

Con: As this is typically a friend or family member, they may not be familiar with the rule that once they have served your spouse, they now must complete an affidavit of service. This affidavit of service must be filed with the court.

By a Sheriff or Police Officer

The fourth way to have your spouse served with divorce papers is by a sheriff or police officer. In some counties, the sheriff or police department handle service of divorce papers. Contact your local sheriff or police department to see if they assist in process of service, as it can vary from county to county.

Pro: That service will be handled properly.

Con: There is a fee associated with hiring a sheriff or police officer to serve divorce papers.

Considering Divorce? Learn your options with Schmitt Law, PLLC

Contemplating a divorce can be one of the hardest decisions to make in life. There are many complexities involving the divorce process, making it overwhelming for most. However, know that you are not alone, and help is available. At Schmitt Law, PLLC we are here to answer your questions, ease your concerns, and protect your rights.

To book a consultation, contact Schmitt Law, PLLC online or by calling (616) 608-4634.

Paying For a Consultation

April 22, 2022 By Laurie Schmitt

Many people struggle with attorneys that charge for consultations, and only seek out attorneys who provide a free consultation. What the consumer should know that there can be significant differences between a free consultation and a paid consultation.

What are those differences? A free consultation may be shorter in duration, only providing very generic, broad stroked information, and failing to provide any legal advice specific to your case. In a consultation with Schmitt Law, PLLC, you will be given an hour of time, and will receive detailed legal advice specifically directed to your legal issues.

Why does Schmitt Law, PLLC have a fee for consultations? Schmitt Law, PLLC believes that if you are going to spend your valuable time interviewing with an attorney, you should receive specific legal advice about your case – legal advice tailored to you.

When you meet with Schmitt Law, PLLC, you will receive a one-hour consultation to include:

A review of the facts in your matter.
A review of your legal documents, orders, and/or agreements.
An explanation of the administrative court procedures in your case.
The legal issues defined.
An explanation of the potential outcomes in your case: what are you facing in your case.
An explanation of your legal options: we will discuss a strategy to help you get the results you are looking to obtain.
An estimate of the total costs of your case.
And most of all, we will talk about what matters most to you – what your greatest concerns are.

A consultation with Schmitt Law, PLLC will provide tremendous value to you in that you will understand the law as it pertains to your specific case. And, during this consultation we will craft a plan for you to move forward to achieve the results you seek.

CONTACT SCHMITT LAW, PLLC FOR GUIDANCE

Laws surrounding divorce can be complex. We invite you to call Schmitt Law, PLLC to learn more about your rights as it pertains to divorce. An attorney with experience in Michigan divorce laws can ensure your divorce does more than meet the letter of the law. With legal counsel, you will be better protected from agreeing to less than you are entitled to. From parenting time to spousal support, we at Schmitt Law, PLLC can advocate for a fair divorce so that you can start the next chapter of your life. Our goal is to assist you to emerge from your divorce in the best possible position. For skilled legal guidance, please call Schmitt Law, PLC at (616) 608-4634, or contact us online to arrange a consultation.

I Can Handle My Divorce Without An Attorney

April 18, 2022 By Laurie Schmitt

Many couples choose to separate and divorce amicably. And because you are getting along, you do not believe it is necessary to hire an attorney to handle your divorce. You and your spouse have come to agreements on the terms of your divorce, and do not see the value in hiring an attorney to complete your divorce.

Couples file the divorce on their own because they think it will be quick, easy, and save them money. However, there can be serious pitfalls in completing your divorce without the aid of an attorney. As a divorce is a life-changing event, it is important that you understand how the divorce process works, and your rights in regard to a divorce.

The following are just a few reasons why there is value in hiring an attorney for your divorce:

• Unfair terms: You may agree to less than what you are entitled to because you want to get the divorce completed fast, you do not want to fight, and you just want to end the marriage. What you must know is that many of the decisions you make now cannot be changed later. Once the Judgment of Divorce is entered, many of the provisions cannot be reviewed by the court post-divorce. In essence, you are stuck with your agreement. Whether the provisions reflected fairness and equity or not, you must now live with the terms of your Judgment of Divorce. The consequences of poorly written Judgments of Divorce can last a lifetime. And a lifetime is a long time to live with a poor outcome to your divorce.

• Financial assets: You may not have a complete understanding of what you are entitled to and agree to much less than what is equitable and fair. For instance, have you discussed the division of retirement accounts, assets, social security, pensions, airline miles, and credit card points?

• Debt: You may believe that if a debt is solely in your name, it is not joint debt. Or, you may not understand that if your name is on a debt that your spouse has agreed to be responsible for post-divorce, that you will no longer be held liable for it. Then the worst happens…your spouse stops paying for the debt and the creditor is now holding you responsible for the debt.

• Children: If you have children of the marriage, you want to make sure you are making future decisions in the best interest of the children. An experienced family law attorney understands the complexity of handling divorces with children (custody, parenting time, child support, extracurricular activities, school tuition, uninsured medical expenses, health insurance, etc.). An experienced family law attorney will ensure that decisions are made in the best interest of the children and for the benefit both parties.

Even though couples may file their divorce without attorneys, it may not be the best option for you. If you have children of the marriage, a high net worth, business(es), or complicated assets/debts issues, you should not attempt to handle your divorce without the support of legal counsel.

Experienced family law attorney

An attorney with experience in Michigan divorce laws can ensure your divorce does more than meet the letter of the law. With legal counsel, you will be better protected from agreeing to less than you are entitled to.

From parenting time to spousal support, we at Schmitt Law, PLLC can advocate for a fair divorce so that you can start the next chapter of your life. Our goal is to ensure assist you to emerge from your divorce in the best possible position.

To schedule a consultation or learn more about our services, contact Schmitt Law, PLLC online or call (616) 608-4634.

Truth Leads To Trust

April 15, 2022 By Laurie Schmitt

You want an attorney that will tell you the truth, no sugar coating. Telling clients what they may not want to hear is what a good attorney shares with you in private. Providing a candid legal opinion is what clients really want and need.

There are times when clients have expectations that simply are not realistic. Before engaging in costly litigation, that will not provide you the outcome you desire, a good attorney will tell you the truth about the likelihood of your success in front of a particular judge. Of course, knowing an outcome of a particular judge comes from years of experience.

Frank discussions with clients are far from easy, nor is it easy for clients to hear the message. But do you want to retain an attorney who fails to inform you of what you really should expect? And do you want an attorney that fails to share information you should have had early in your attorney-client relationship?

You should retain an attorney you trust to provide you with the full information you need make your own educated decisions. After all, you are placing your trust in the attorney’s hands to guide you through a difficult family law matter. If you can’t trust them to tell you the truth, how can you make informed decisions that will benefit you and your family.

You need an attorney who is brave enough to tell you factually truthful information, not an attorney who will coddle you, and perhaps fail to correct your misguided perception of what to expect at the end of your case.

Clients set their goals based on information provided by their attorney. Clients should be informed of the full picture (the good and the bad). And isn’t that really what a good attorney should do for you – share their knowledge and manage your expectations early on.

Clients pay attorneys to tell them what they need to hear, not what they want to hear.

From the start of all attorney-client relationships with Schmitt Law, PLLC, we share with clients the pros and cons of their case, thoroughly review their expectations, and candidly discuss the likely outcomes based on their specific facts. Because we value clients, we want to start our relationships knowing that our clients can depend and trust in us to tell them the truth…not just what they want the truth to be. In the end, our clients are able to make sound decisions, allowing them to move forward with their lives.

Michigan Divorce Attorney

If you are considering divorce or have been served divorce papers, contact Schmitt Law, PLLC. We are committed to guiding our clients and their families through the divorce process with the least amount of emotional trauma, while holding the interests and future of the family as a top priority. To schedule a consultation or learn more about our services, contact us online or call (616) 608-4634.

How To Waste Your Money After Retaining a Divorce Attorney

April 11, 2022 By Laurie Schmitt

I doubt many would say that getting a divorce is easy. But…

You took the time to consult with attorneys. You carefully selected and retained a skilled, qualified divorce attorney to guide you through the tough journey. Now, the question is “do I listen to this professional, or do I waste my money”? It really is the choice of the client to make appropriate use of their divorce attorney. Failure to do so will only result in the financial benefit of the divorce attorney.

The following are the most common ways for a client to waste their money with their divorce attorney:

Using your divorce attorney as your counselor – Clients should leave the counseling to professionals licensed to counsel, allowing the divorce attorney to practice law. Every call, email, and text to and from your attorney becomes billable to you. Divorce attorneys understand the emotional struggles of clients and are willing to provide some emotional support. However, divorce attorneys are not trained nor licensed to be therapists. Clients should be encouraged to seek support through divorce groups, and/or counselors qualified to assist people who are going through a divorce.
Failing to be honest with your divorce attorney – You hired a divorce attorney to guide your through the divorce process, and to fight for your rights. But yet, you fail to be truthful with your divorce attorney. Even an omission can be a devesting set back in a divorce case. Failure to tell your divorce attorney about an event that may not put you in the best light can harm the final outcome of your case. Your divorce attorney needs to know the facts, whether the facts are good or bad for you. It’s better that your divorce attorney understands the facts sooner than later. The alternative is that your divorce attorney is blindsided in court with facts that should have been shared with them well before court.
The “blame game” – Clients spend too much time communicating with their divorce attorney in an effort to make their spouse “look bad”. Divorce attorneys understand that you and your spouse are seeking a divorce for a reason, and that you no longer may get along. It is a very rare occasion that only one person can be blamed for the complete breakdown of the marriage.
Engaging in the Tupperware wars – Clients refuse to do simple math. Clients should ask themselves “Is what I am fighting for worth the cost of attorney’s fees?”. Make smart decisions about what truly is worth fighting for and focus your efforts on those issues that are worth the financial investment.
Fighting the divorce – You have been served with divorce papers and took action to hire an attorney. Yet, your energy is spent on finding ways to get your spouse back. You refuse to be cooperative with your attorney. The one thing a divorce attorney can’t do is make your spouse change their mind about the divorce. Your focus is best placed assisting your attorney to obtain the best outcome you can – to assist in protecting your future.

What Is a Judgment Of Divorce

April 6, 2022 By Laurie Schmitt

A Judgment of Divorce is the legal document that finalizes the divorce process. It is the written court order that formally dissolves the marriage.

WHAT DOES A JUDGMENT OF DIVORCE CONTAIN?

The Judgment of Divorce contains the terms of the judge’s ruling after trial on all aspects of the divorce, or the specific terms of the of the parties’ agreement. A Judgment of Divorce contains pertinent information as follows:

Divorces with minor children:

Custody
Parenting time
Holiday parenting time
Telephone contact
Extracurricular activities
Any miscellaneous provisions specific to the parties
Child support
Health insurance
Residency (100 mile) Rule
Change of Domicile Rule
Hague Convention
Income Tax Exemptions

All divorces (with or without minor children)

Vehicles
Personal property
Bank accounts
Retirement accounts
Real property
Debts
Restoration of maiden name
Other statutory provisions

WHAT IF THE TERMS OF THE JUDGMENT OF DIVORCE ARE NOT FOLLOWED?

A Judgment of Divorce is a court order and therefore both parties are bound to its terms and required to follow its provisions. Failure to follow the Judgment of Divorce may lead to court-imposed sanctions.

WHAT IF THE JUDGMENT OF DIVORCE NEEDS TO BE MODIFIED?

A modification can be achieved two ways.

The parties come to an agreement, that agreement is reduced to writing through a stipulated order, and presented to the judge for signature.
One of the parties files a motion, a hearing is set, and the judge makes a ruling on the matter. There are times when the issue requires an additional hearing called an evidentiary hearing. If the judge believes an evidentiary hearing is required, a date will be set by the court wherein testimony will be taken, and the judge will rule on the matter.

Experienced Divorce Attorney

If you need to know more about a Michigan divorce, including how to file for a divorce, contact an experienced attorney, Laurie Schmitt at Schmitt Law, PLLC. We look forward to speaking with you and being your advocate during this crucial time in reframing your life. Call Schmitt Law, PLLC at (616) 608-4634 or contact us online to arrange a consultation.

What Is a Domestic Relations Verified Financial Information Form In a Divorce?

April 1, 2022 By Laurie Schmitt

In the State of Michigan, after you have filed a complaint for divorce, both parties are required to exchange financial affidavits (known formally as the “Domestic Relations Verified Financial Information Form”). The Domestic Relations Verified Financial Information Form must be exchanged within 28 days after the date of service of Defendant’s initial responsive pleadings to the complaint for divorce.

What Information Is Required To Be Disclosed In The Domestic Relations Verified Financial Information Form?

The Domestic Relations Verified Financial Information Form requires you to disclose the following information:

Personal Information: Must provide name, address, phone number, date of birth, social security number, and driver’s license number.
Employment Information: Must provide employer’s name, address, gross income, and hourly rate of pay. If self-employed, they must list all draws made during the last 12 months.
Employment Benefits: Must provide health, vision, dental, life, and retirement benefits, car allowance, expense reimbursement, and any other benefits received by the employer.
Other Income: Must provide income from all other sources such as commissions, bonuses, profit sharing, interest, dividends, annuities, pensions, trust funds, IRA’s, worker’s compensation, social security benefits, VA benefits, disability insurance, GI benefits, rental income, and spousal support.
Real Property: Must provide address, date of purchase, estimated value, SEV, balance of mortgage, monthly payment, name of lender, and information on any equity loan.
Financial Accounts: Must provide type of account, account number, name of institution, name on account, current balance, and balance 90 days before current balance. This information must be provided for each account.
Pension: Must provide all defined benefit plans to include company or employer name, lump sum value, estimated monthly payment, and earliest date eligible to receive pension.
Life Insurance: Must provide insurance company name, policy number, policy owner, beneficiary, account of death benefit, premium amount, cash surrender value, and if employer provided.
Motorized Vehicles: Must provide year, make, model, title holder, lender, estivated value, and amount owed.
Personal Property: Must provide description of property, estimated value, and date purchased or acquired.
Debts: This includes credit cards, personal loans, student financial aid loans, other unsecured loans. Must provide type of debt, name of lender, account number, name on account, and balance owed.
Court Ordered Financial Obligations: This includes child support, spousal support, garnishments, civil judgments, court-ordered fines, fees, and restitution.

What Does “Verified” Mean?

As the title notes, the Domestic Relations Verified Financial Information Form is “verified”, meaning you must sign the form in front of a notary declaring the statements are true. Therefore, it is imperative that the person completing the Domestic Relations Verified Financial Information Form be truthful in their statements, as the statements made can be used against them in any court proceeding.

Going through the Court to solve your divorce.

If you’re going through a divorce and want to understand your options, Schmitt Law, PLLC is standing by to assist. To schedule a consultation or learn more about our services, contact Schmitt Law, PLLC online or call (616) 608-4634.

Archives for April 2022

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