Archives for May 2022

Top Divorce Risk Factors

May 27, 2022 By Laurie Schmitt

As a family law attorney, clients share their reasons why they are seeking a divorce. Many times, clients have stated there were signs during the marriage that they overlooked or ignored. And by not addressing the underlying issue, it consequently led to their divorce.

Often times, there are red flags in a marriage. These red flags do not necessarily mean your marriage must end. However, they may be warning signs that indicate you are at a considerably greater risk of a divorce. The following are the top divorce risk factors clients have shared with Schmitt Law, PLLC:

MONEY: You and your spouse do not agree on how to spend/save money. Parties need to share in financial goals and agree on major expenses.
AFFAIRS: Infidelity exists in the marriage whether it be emotional or physical affairs.
SEPARATE LIVES: You and your spouse live separate lives: you have separate friends, you maintain separate finances, you sleep in separate locations in the home, and take separate vacations.
GROWN APART: You and your spouse have little to nothing in common any longer. You and your spouse have no common interests, and/or do not share in your future dreams and goals.
LACK OF COMMITMENT: One party seems to do the “heavy lifting” to the keep the marriage afloat, while the other “coasts” through the relationship. Marriage takes teamwork and commitment.
EXCESSIVE FIGHTING: Most conversations with your spouse end up in raising of voices, all out fighting, name calling, and/or emotional abuse.
DOMESTIC VIOLENCE: Your marriage has been plagued with domestic violence that does not end, and the abuser refuses to seek help to resolve their anger issue.
VALUES: You and your spouse no longer share the same values.
COUNSELING: You and your spouse have attended marriage counseling, and it has not improved your marriage and homelife. Or one spouse has suggested counseling and the other spouse has dismissed the idea saying they do not need help.
POOR HOME ENVIRONMENT FOR THE CHILDREN: Through your behaviors, you and your spouse subject your children to an unhealthy living environment with constant fighting and other behaviors, exposing the children to an emotionally or physically unsafe living situation.
ALCOHOL OR DRUG USE: Your spouse has an issue with alcohol or drugs and refuses to seek help to resolve their issue.

LAURIE SCHMITT – MICHIGAN FAMILY LAW ATTORNEY

Laurie Schmitt is the founder of Schmitt Law, PLLC. Our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including divorce, custody, parenting time, child support, spousal support, and paternity disputes. To get started today, book a consultation online or by calling Schmitt Law, PLLC at (616) 608-4634. Whenever you are ready, we are here for you.

What Is Required To File For a Michigan Divorce?

May 25, 2022 By Laurie Schmitt

PERSONAL INFORMATION REQUIRED TO FILE FOR A DIVORCE

The following is a list of personal information you will need to gather so that your attorney may complete your divorce documents.

WIFE

Full Name
Maiden Name
Address
Date of Birth
Place of Birth
Social Security Number
Number of this marriage

Date of Marriage
City, State and County of Marriage
Separated (yes/no)

HUSBAND

Full Name
Address
Date of Birth
Place of Birth
Social Security Number
Number of this marriage

IF THERE ARE MINOR CHILDREN OF THE MARRIAGE, YOU WILL NEED THE FOLLOWING ADDITIONAL INFORMATION:

For both parties:

Eye Color
Hair color
Height
Weight
Race
Driver’s license number
Name, address and telephone number of employer
Gross weekly income
DHS case number, if applicable

For the minor children:

Names, birth dates, and social security numbers of each child
Address(es) of where the children have lived in the last five years
Names and addresses of who the children have lived with for the last five years

WHAT DOCUMENTS MUST BE FILED?

Complaint for Divorce
Summons
Record of Divorce

IF THERE ARE MINOR CHILDREN OF THE MARRIAGE, YOU WILL NEED TO FILE THE FOLLOWING ADDITIONAL DOCUMENTS:

Verified Statement and Application for IV-D Services
Uniform Child Custody Act Affidavit

IF YOU HAVE PENDING OR RESOLVED FAMILY LAW CASES

If there are any pending or resolved family law cases involving you, your spouse, or your children, you will be required to complete a Confidential Case Inventory. This document requires you to list any known pending or resolved family law cases to include personal protection orders, divorce, custody, paternity, child support, juvenile delinquency, and child protective proceedings.

You will be required to list the county of the court, the case name, the case number, the name of the judge, whether the case is pending or resolved, and if there are any support/custody/parenting time orders in effect.

Contact the Knowledgeable Michigan Divorce Attorney at Schmitt Law, PLLC for Immediate Assistance

If you filed for divorce, or are considering filing in the near future, contact the Michigan family law attorney at Schmitt Law, PLLC. We have extensive experience handling all types of Michigan divorce cases and the related issues that frequently come up in the divorce process, including spousal support, child custody, and child support. We provide custom-tailored legal advice and solutions for clients. To learn more about how we can help you through the divorce process, contact Schmitt Law, PLLC today by completing our online contact form or calling us at (616) 608-4634 to schedule a consultation.

Confidentiality Versus Privacy

May 23, 2022 By Laurie Schmitt

What is the difference between confidentiality verses privacy in an attorney-client relationship? Of course, both of these concepts are extremely important to all clients, but in different ways.

CONFIDENTIALITY – DEFINED

Confidentiality means all discussions/communications between the attorney and client remain “safe” (confidential).

PRIVACY – DEFINED

Privacy means that through the pendency of your case, we are able to communicate in a way in which the other party is unable to gain access to your communications.

DUTIES OF THE ATTORNEY

To protect the attorney-client confidentiality, the attorney is prohibited from violating the client’s confidentiality by sharing information with others. It requires the attorney keep the information their clients share with them private, and the attorney cannot be forced to testify against their clients.

DUTIES OF THE CLIENT

In order to ensure that the attorney-client confidentiality is protected, the client’s role is to be proactive in safeguarding these confidential communications between themselves and their attorney.

SAFEGUARDS TO PROTECTING ATTORNEY-CLIENT CONFIDENTIALITY EMAIL

You must establish a new email account, with a strong password. Be sure to select a password that you have never used before, to prevent your spouse from gaining access to your email account and reading your communication between your attorney.

CELL PHONE

The same privacy issue applies to your cell phone. You want to establish a new cell phone service separate from your spouse, using a two-factor authentication. This will prevent your spouse from invading your privacy and potentially compromising confidential attorney-client communication.

THIRD PARTY

Do not bring family and friends to meeting with your attorney. Sharing confidential information in meetings with your attorney in the presence of a third party will destroy attorney-client confidentiality. Your disclosure of sensitive information in front of a third party indicates you do not want to keep the information private. Therefore, attorney-client confidentiality would not apply to any conversation you have with your attorney in front of a third party.

DO EVERYTHING YOU CAN

Both privacy and confidentiality are significant issues in any family law case, and must be addressed. As a client, you want to do everything you can do to protect your confidential communications with your attorney. The steps outlined above may seem inconvenient. However, the short-term inconvenience will bring you peace of mind that your spouse is not gaining important strategic information about your case by reading all of your emails and texts to and from your attorney.

It’s simple. If you are involved in a family law case, take these simple steps to protect your privacy, and therefore keeping your attorney-client communications confidential.

LAURIE SCHMITT – MICHIGAN FAMILY LAW ATTORNEY

Laurie Schmitt is the founder of Schmitt Law, PLLC. Our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: divorce, custody, parenting time, child support, spousal support, and paternity disputes. To get started today, book a consultation online or by calling Schmitt Law, PLLC at (616) 608-4634. Whenever you are ready, we are here for you.

Here Are Two Divorce Myths

May 20, 2022 By Laurie Schmitt

1. EVERY CASE GOES TO TRIAL

Most spouses want their divorce to be as quick and painless as possible. And, every judge wants your divorce case to settle without the necessity of a trial.

Settling your case without the need for litigation has many benefits. Coming to an agreement with your spouse will allow your divorce to conclude much quicker than waiting months for a trial date. The sooner you are able to close the door on your divorce, the sooner you can open the new door to your new life.

Another benefit of settling your divorce case is that it will save you from spending your money on attorney’s fees. The attorney’s fees associated with preparing and attending a trial can be quite costly.

Lastly, when you and your spouse craft your own agreement and agree on the terms of your divorce, you are much more likely to be satisfied, and less likely to have post-divorce litigation. You created your own agreement and are more likely to follow through with what you agreed to.

It’s not fun when a judge dictates your future. Take control of your own future, learn to make concessions, and settle your case under fair and equitable terms.

2. WOMEN ARE THE PREFERRED CUSTODIAL PARENT

It’s true that history shows that when there was a custody battle over the children, mothers were the preferred custodial parent, and primarily awarded custody of the children. There have been a lot of change in child custody arrangements. Parents are now asking for equal responsibility and to share custody of the children. If you are unable to come to an agreement with the other parent, then the judge will need to decide. In a custody battle Michigan court must evaluate the 12 best interest factors before making a decision on child custody and parenting time. The judge will review the following factors:

The love, affection and other emotional ties existing between the parties involved and the child.
The capacity and disposition of the parties involved to give the child love, affection and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
The permanence, as a family unit, of the existing or proposed custodial home or homes.
The moral fitness of the parties involved.
The mental and physical health of the parties involved.
The home, school, and community record of the child.
The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.
The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.
Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
Any other factor considered by the court to be relevant to a particular child.

If your custody case must go to trial, it is not an automatic win for either parent. After careful review of the above factors, the judge will make a ruling on custody and parenting time.

Contact the Knowledgeable Michigan Divorce Attorney at Schmitt Law, PLLC for Immediate Assistance

If you filed for divorce, or are considering filing in the near future, contact the Michigan family law attorney at Schmitt Law, PLLC. We have extensive experience handling all types of Michigan divorce cases and the related issues that frequently come up in the divorce process, including spousal support, child custody and child support. We provide custom-tailored legal advice and solutions for clients. To learn more about how we can help you through the divorce process, contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

How Cooperation Can Help Resolve Financial Issues

May 18, 2022 By Laurie Schmitt

Filing for divorce is the easy part. Untangling the financial mess and reaching a final agreement on the financial aspects can be the difficult part. In Michigan, financial issues must be resolved before the divorce can be finalized. How do we get started?

KNOW YOUR FACTS

Before getting started, you will need to know how much you owe and to whom. Make a list of your creditors, with the respective balances. And, it’s wise for each party to request a copy of their credit report so that no debt is missed during the discussion of debt division.

Once you know who you owe and how much you owe, talk to each other to discuss how you will continue paying these debts during the pendency of the divorce. And also agree that no further unnecessary debt will be incurred while the divorce is pending.

HOW ARE WE GOING TO UNTANGLE OUR FINANCES?

If you and your spouse have savings, or will have equity from the sale of your marital home, consider using these assets to pay off or pay down your marital debt. This is the easiest way for both parties – you leave the marriage with the least amount of debt possible and each of you can start fresh.

The parties can also agree that one person will take more of the marital debt in exchange for:

Receiving more assets.
Paying less in spousal support.
If one person is retaining the marital home, paying less to the other party for their share of the equity in the marital home.

HOW CAN WE RESOLVE FINANCIAL ISSUES WITHOUT LITIGATION?

The parties can come to an agreement regarding their debt and assets, or the judge can be the final decider. Most parties want to maintain control of the outcome, as well as avoid costly and time-consuming litigation. So, how can we resolve financial issues without litigation?

MEDIATION

A neutral, third-party, trained family mediator can assist couples in creating their own agreement regarding debt and assets. Mediators remain neutral, and do not make decisions for the parties. They assist the parties in getting to a mutually agreeable resolution. Once the parties have come to an agreement, the mediator will draft a mediation agreement. The terms of that agreement are binding in court.

COLLABORATIVE PROCESS

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. 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 goal is to reach an agreement on the financial aspects and obtain a binding written agreement.

To conclude, even tough it may be difficult to work with each other amidst the divorce, understand that you share a common goal. That goal is to leave the marriage with the least amount of debt owed as possible. With this is mind, it may be easier to remain cooperative and make smart financial decisions for the benefit of your post-divorce life.

EXPERIENCED DIVORCE ATTORNEY

At Schmitt Law, PLLC, we are here for you each step of the way in your divorce. From planning your first steps, to approaching your separation, to helping you understand your rights, to signing the final documents. We can help you navigate the separation and divorce process. To get started today, book a consultation online or by calling Schmitt Law, PLLC at (616) 608-4634. Whenever you are ready, we are here for you.

What Does “Uncontested Divorce” Mean?

May 16, 2022 By Laurie Schmitt

You and your spouse have agreed to file for a divorce. You both agree that you do not want to have a war in the court – that you want to end the marriage in peace. You both may have heard the term “uncontested divorce” but are unsure what that means, or if it is right for you.

So, what is an “uncontested divorce”?

An uncontested divorce is one in which the parties have resolved all of the issues, and there is no need for court intervention. This means that you and your spouse have agreed to all terms that will be contained in your Judgment of Divorce.

What terms do we need to agree to?

Parties must agree on how to divide all of the assets, debts, and retirement accounts. They must agree as to who will retain the house, and how much the other spouse will receive for their share of the equity. If the parties agree that the house is to be sold, they must agree on a realtor, sale date, list price, and how the proceeds from the sale of the home will be divided. Parties must also agree as to division of their personal property, to include all motorized vehicles, boats, campers, and pets. Parties must also have an agreement as to spousal support – will it be paid, amount, and duration. If there are children of the marriage, the parties must agree on custody, parenting time, holiday parenting time, child support, where the children will attend school, and any other issues specific to their children.

Is an uncontested divorce a bad idea for some people?

An “uncontested divorce” would not be an appropriate process for parties who believe their spouse is hiding assets or income, for parties who are unwilling to voluntarily disclose assets or income, or for parties who cannot agree on how to resolve all of the issues in their case. An uncontested divorce would be a poor choice for these cases.

Contact an Experienced Divorce Attorney in Grand Rapids, MI

An uncontested divorce can save you and your spouse a significant amount of time, money, and stress. If you would like to learn more about the uncontested divorce process, and whether an uncontested divorce is right for you, contact Schmitt Law, PLLC. I will meet with you to discuss how you can complete your divorce without the “war”. Please contact Laurie at Schmitt Law, PLLC online or by calling (616) 608-4634 for a consultation today.

Financial Recovery After A Divorce – How Do I Start Over Again?

May 13, 2022 By Laurie Schmitt

After a long-term marriage, many people find themselves in the midst of a divorce. Their immediate concern is how will this divorce impact them financially — how will they financially start over again. Perhaps they are wondering how they will support themselves post-divorce, or how they will recoup their losses after the division of retirement accounts and other assets.

Clients come into the initial interview completely overwhelmed and expect to find all of the answers. When working with clients who are dissolving a long-term marriage, it is important to take it one step at a time, and work together to resolve their concerns.

Clients who have been in a long-term marriage may not have been the major breadwinner, or may have never worked, and now have a limited earning ability. Many times, there is one spouse who is predominant in handling the finances, leaving the other spouse “in the dark”.

In these cases, we must carefully review the assets of the parties. The first step is to put together a list of the assets, and their respective values. If a client is unaware of the assets, or their respective values, we can work together to obtain the missing information so that we have a snapshot of the assets and their respective values.

It is important in a long-term marriage to determine if spousal support is appropriate, and to calculate what the amount and duration may be. A review of retirement accounts and/or pensions must be made. Parties often overlook the smaller assets such as equity in vehicles, boats, campers, snowmobiles, and other recreational vehicles, as well as valuing any silver, gold, and other coin or stamp collections.

It is also suggested that parties counsel with an expert such as a financial advisor or accountant who can determine their financial objectives, earnings, and expenditures and help them to design an appropriate financial plan post-divorce.

After review of the assets, debts, and potential spousal support award, clients can better understand what their potential financial outcome will be post-divorce, allowing them to make decisions moving forward.

CONTACT AN EXPERIENCED DIVORCE ATTORNEY IN GRAND RAPIDS, MI

Divorce can be emotional and messy, and it’s natural for anyone going through a divorce to want to protect their financial interests. Maintaining an objective view of the situation can be difficult when you are struggling with complex emotional issues and personal tensions in your divorce. As an experienced Michigan divorce lawyer, Schmitt Law, PLLC can help you maintain control over your property in divorce, and provide detailed guidance and support throughout every step of the process. The right attorney can increase the likelihood of you securing a favorable outcome to property division in your divorce.

What Is a Legal Services Retainer Agreement?

May 11, 2022 By Laurie Schmitt

When you hire an attorney, you need to clearly understand what services you will be contracting for, and what your responsibilities will be in the relationship. A legal services retainer agreement does just that, it defines the roles and responsibilities of each party.

More specifically, a legal services retainer agreement is an agreement between an attorney and a client in which the attorney agrees to represent the client in a specific matter, for a specific hourly or flat rate amount. A legal services retainer agreement outlines the formal legal framework to which clients and attorneys are bound, and often involves principles, professional rules, and obligations.

At Schmitt Law, PLLC, our legal services retainer agreement defines the following:

Identification of the parties.
The specific legal service to be provided.
What legal services may be excluded?
The client’s rights and responsibilities.
The attorney’s duties.
That the attorney cannot be asked to engage in illegal, unethical, or fraudulent conduct.
The hourly rate the attorney will be compensated for services rendered.
The initial deposit amount required from the client (referred to as “retainer”).
The billing cycle and when payment of fees due from the client.
The minimum billable time.
What tasks that the attorney performs that will be charged to the client?
What costs the client will be responsible to pay?
If travel time will be charged to the client.
That the attorney does not make representations to the client about the specific outcome of their case.
How long will the attorney retain my file after the case is closed?
What happens if the client wants a copy of their file after the case is closed?
What is required if the client or attorney wants to terminate representation?

The benefits of having a clear and concise legal services retainer agreement are that it provides security and confidence to both parties. Having a detailed legal services retainer agreement takes the guesswork out of the parties’ expectations and obligations and protects the parties financially and legally.

CONTACT AN EXPERIENCED DIVORCE ATTORNEY IN GRAND RAPIDS, MI

If you would like to learn more about divorce actions, contact Schmitt Law, PLLC. We will meet with you to discuss your divorce and its potential impact on your family, finances, and future. Please reach out to our office for knowledgeable advice regarding your concerns about divorce, custody, parenting time, child support, and spousal support. Contact Schmitt Law, PLLC online or by calling (616) 608-4634 for a consultation today.

Archives for May 2022

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