Archives for October 2022

Preparing To Attend Family Law Court and Everything You Need To Know

October 31, 2022 By Laurie Schmitt

Your trial (or hearing) is close…what do I need to do to prepare? Whether you choose to represent yourself of retain an attorney, Schmitt Law, PLLC offer the following tips to prepare for your court hearing.

PREPARE WITH YOUR ATTORNEY

In order to prepare for trial, you should be meeting with your attorney. Your attorney should review your testimony questions with you. These are the questions they intend to ask you when you are on the stand. This assists the attorney in getting the facts straight. It also helps you in knowing in advance what is going to be asked, allowing you to prepare appropriate answers. This does not mean your attorney is going to feed answers to you. It means that if the attorney knows how you are going to respond, then they are not surprised at trial. It also means that it gives you time to think about your answers before you must testify. Through this preparation process your attorney can assist you in the best way to answer difficult questions that may be presented (from either your own attorney or the opposing attorney). It will make you far more comfortable when you must take the stand.

BE PROFESSIONAL

If the judge asks you a direct question, be polite and courteous and answer their question. After all, this person is making life decisions for you. You want them to like you. Also, be mindful of your facial expressions (no matter what is being said). If you hear something that is not true, angers you, or places you in a bad light – stay calm. And never interrupt opposing counsel or the judge. You will be given your chance to speak and respond.

BE TRUTHFUL

The most important point to remember while you are on the stand presenting your testimony is this…you have taken an oath to tell the truth. So, never lie. Always tell the truth, even if the truth does not present you in the best light. Judges appreciate truth over tall tales. If you lie on the stand, and it is proven that you have lied (meaning you are impeached), you will lose all credibility with the judge. And there is no going back from a lie told under oath.

FIRST IMPRESSIONS ARE IMPORTANT

You want to make a good impression when you attend court, as you want the judge to believe you are credible. Dressing appropriately is advised, as clothing mistakes in court can lead to the judge forming opinions about you that may or may not be correct. You are not required to wear a suit, or expensive clothes – just use your common sense when selecting what to wear. The key is to look neat and professional. It is suggested that men wear dress slacks, a button-down long sleeve shirt and a tie. Women should wear a skirt and blouse, or dress slacks and blouse or sweater. Your clothing does not need to be fancy, just appropriate for court. Remember, the judge looking at you is making a judgment call about you and your case, and making decisions that may significantly impact your life. After all…first impressions are everything!

GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

We understand that filing for divorce can be an emotional and confusing experience. That’s why we are committed to providing personalized service to each client we represent, and will be with you through this difficult journey. At Schmitt Law, PLLC we encourage clients to take a more collaborative approach to divorce that promotes positive communication and cooperation. Through mediation or the collaborative divorce process, Laurie guides her clients through amicable divorce settlements so they can move forward with their life. To discuss your circumstances and legal options, contact Schmitt Law, PLLC at (616) 608-4634 to schedule a consultation. Or, contact us online to arrange a consultation.

Is It Time To Revisit Your Parenting Time Plan?

October 27, 2022 By Laurie Schmitt

It may have been years since your last order establishing parenting time was entered by the court. The children are getting older, and/or things have changed in your life, and your parenting time plan no longer makes sense for the children or for you. If this is the case, it may be time to revisit your parenting time plan.

When you originally established your parenting time plan, the children were younger. Now, they may be in high school, may be driving, may have part time jobs, or may be involved in extra-curricular activities. And your parenting time plan does not account for these changes in life.

Perhaps when your order for parenting time was entered, your situation was different than it is now, and you are in a better place to exercise more parenting time. Or, you or your ex have moved, and your existing parenting time plan does not work for either of you or the children.

Or, you and your ex have voluntarily been deviating from your original order, and you want a new order that reflects these changes.

If you and your ex are able to agree on a new parenting time plan, you can enter into a stipulated order (an order in which both parents agree to the terms). It is then signed by the judge, and replaces the original order. If you are not able to agree, parents have the right to request the court to change their parenting time orders, if it is in the best interest of the children.

If you have questions about your right to request the court to make changes to your existing parenting time order, contact Schmitt Law, PLLC.

EXPERIENCED CUSTODY ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

We understand that parenting time issues can be an emotional and confusing experience. That’s why we are committed to providing personalized service to each client we represent, and will be with you through this journey. At Schmitt Law, PLLC we encourage clients to take a more collaborative approach that promotes positive communication and cooperation. Through mediation or the collaborative divorce process, Laurie guides her clients through amicable parenting time settlements so they can move forward with their life. To discuss your circumstances and legal options, contact Schmitt Law, PLLC at (616) 608-4634 to schedule a consultation. Or, contact us online to arrange a consultation.

Why Must Parents Be Disrespectful With One Another?

October 24, 2022 By Laurie Schmitt

Lately, there have been an overwhelming number of clients that have shared with me that every conversation, communication, and interaction with the other parent includes one or all of the following: swearing, name calling, arguing, obstructionist/undermining behavior, or outright tirades.

Why must these negative interactions take place? What is gained by acting this way? And what can you do if it is happening to you?

If you are at your wits end because every encounter with the other parent is a struggle, the following tips may be helpful:

Limit how you will communicate with the other parent: via email or text only.
Limit what you will respond to: only important and necessary subject matters related to the children.
In a moment of anger, do not engage in reciprocal negative communication.
Take control. You decide when you will respond to the other parent. There is no rule that you must respond immediately to someone who is acting inappropriately. Take a moment, calm yourself, and respond only to what is necessary. This may mean that you respond several hours later, the next day, or not at all if no response is necessary.
If the behavior of the other parent is completely out of control, request the court for an order requiring all communication to take place through Our Family Wizard. Our Family Wizard is an online service that allows you to communicate with the other parent regarding parenting time, exchanges, appointments and schedules of the children, and to request expenses to be paid. It takes the stress out of unwanted and unexpected emails, texts, and calls from the other parent. And, all communications are documented and can be used later in court, if necessary.

Unfortunately, some parents refuse to see the value in effective co-parenting, and refuse to be respectful in their dealings with the other parent. Know that you will never change their behavior. But you can take back some control and change how you react.

EXPERIENCED CUSTODY ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

If you are experiencing ineffective co-parenting with the other parent, contact Schmitt Law, PLLC to discuss what your options may be. At Schmitt Law, PLLC we are experienced in family law cases involving visitation and custody. Over the years, we have successfully represented hundreds of clients in complicated cases. For skilled legal guidance, contact Schmitt Law, PLLC online or (616) 608-4634 to schedule a consultation.

What Is The Difference Between Flat Rate And Hourly Rate Fees What You Need To Know

October 21, 2022 By Laurie Schmitt

HOURLY RATE FEES

In family law, the hourly fee method is the most common response you will receive from law firms when discussing payment methods. In most cases it is hard for a family law attorney to determine exactly how complex your case will be and therefore how long it will take to complete. Therefore, it is a risk accepting family law cases on a flat rate basis.

FLAT RATE FEE

A flat rate is simple…one fee for the entire case. Newer firms may have less expensive flat rate fees. But the newer firms have less experience. Older firms will have more experience. But their fees may cost more.

THE PROS AND CONS

In summary, both hourly rate and flat rate fee structures have positive and negative aspects for the client. These differences must be considered carefully before retaining a family law attorney.

AN ATTORNEY WHO UNDERSTANDS YOUR CIRCUMSTANCES. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC, our clients benefit from years of experience. We treat every client as an individual, taking the time to understand your unique situation, so as to best advise you on the steps you should take. Whatever stage your life is at, you can trust Schmitt Law, PLLC to guide you through the legal process with expertise and compassion, because we understand that family comes first. Contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

Separate Maintenance: An Alternative To Divorce

October 19, 2022 By Laurie Schmitt

If you are not prepared to file for a divorce, there is an alternative. In the State of Michigan, you may file to obtain a legal separation. This process is called “separate maintenance”.

The Difference Between Separate Maintenance And Divorce?

The procedure for obtaining a Judgment of Separate Maintenance in Michigan is practically the same as the procedure for a divorce. The difference between a divorce and a Separate Maintenance action is when a Judgment of Separate Maintenance is entered you are divorced from everything except the bounds of matrimony.

Can I Remarry If I Obtain A Judgment Of Separate Maintenance?

If you have a Judgment of Separate Maintenance in Michigan rather than a Judgment of Divorce, you cannot remarry (as you remain legally married to your spouse).

What Happens If I Obtain A Judgment Of Separate Maintenance And Now Want A Divorce?

If you receive a Judgment of Separate Maintenance in Michigan and then later decide you do want a divorce, you will need to file a new case for a divorce. If during the separate maintenance action, the Defendant request the court for a divorce, the case will be changed to a divorce action, and will proceed and be completed as a divorce action.

Why Would I Want A Separate Maintenance Judgment Rather Than A Judgment Of Divorce?

There are several reasons for deciding to file for separate maintenance over filing for divorce. Religious, moral, or economic reasons can all influence your decision. The ability to maintain insurance coverage, retain military benefits, and retain tax benefits are all considerations when determining what option is best for you.

RELIGIOUS REASONS: Some people may fear being ex-communicated from their church if they were to divorce, so they may choose to use the Separate Maintenance procedure instead of a divorce.
HEALTH CARE REASONS: If a party has health concerns and requires continuing medical insurance, but if they divorced their insurance would terminate, they may use the Separate Maintenance procedure to be able to continue on their spouse’s health insurance. Note that it is becoming more frequent that employers are considering a Separate Maintenance Judgment to have the same terminating effect as a divorce with respect to health care benefits.

What Can Be Determined In A Separate Maintenance Action?

A separate maintenance action is similar to a divorce action wherein property, debts, child custody, child support and parenting time are determined by the court. The difference between divorce and separate maintenance is that after the completion of the separate maintenance action, you remain married to your spouse.

GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

We understand that filing for separate maintenance can be an emotional and confusing experience. That’s why we are committed to providing personalized service to each client we represent and will be with you through this difficult journey. At Schmitt Law, PLLC we encourage clients to take a more collaborative approach to a separate maintenance action that promotes positive communication and cooperation. Through mediation or the collaborative process, Laurie guides her clients through amicable settlements so they can move forward with their life. To discuss your circumstances and legal options, contact Schmitt Law, PLLC at (616) 608-4634 to schedule a consultation. Or, contact us online to arrange a consultation.

LIMITED SCOPE LEGAL SERVICE

October 17, 2022 By Laurie Schmitt

There are times when you simply don’t require the services of an attorney throughout your entire family law case. Or, perhaps you are unable to financially afford the required retainer. It may be that you may only need help knowing the relevant law regarding a specific family law issue, or you may simply need assistance drafting documents.

With Schmitt Law, PLLC’s Limited Scope Legal Service, you are contracting for specific services, rather than hiring Schmitt Law, PLLC to represent you through the entire case. What this means to you is that you pay for only the services you need. You will know how much the legal service will cost before you start, be given a clear price before the works begins, and only pay for the service you are provided. And, you are free to meet with our office as often as you require.

WHAT IS INCLUDED IN A LIMITED SCOPE SERVICE?

At Schmitt Law, PLLC, we offer Limited Scope Legal Service to include the following:

Evaluating and assessing your legal situation, and providing in-depth legal advice based off the current law in the State of Michigan.
Providing procedural information regarding filing and serving of court documents.
Reviewing court documents prepared by you or the opposing party/counsel.
Suggesting documents for you to prepare.
Drafting documents for you to file, including complaints for divorce, complaints for custody or parenting time, motions, answers, hearing notices, and other documents you may require.
Advising you as to what to expect in your court appearance.
Preparing you for your court appearance.
Preparing you for a Friend of the Court evaluation.
Helping you evaluate settlement offers.
Assisting you in responding to settlement offers.
Preparing Judgments of Divorce, child support orders, deeds, qualified domestic relations orders, and other documents related to the completion of your divorce.

LIMITED SCOPE LEGAL SERVICE

Schmitt Law, PLLC offers limited scope services on an hourly basis, and you pay when the legal service is provided. Therefore, there are no future invoices, or hefty retainers to be paid up front. You simply pay as you go, and only pay for the services you really need.

GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, AND OUTLYING COUNTIES.

Laws surrounding family law can be complex. We invite you to call Schmitt Law, PLLC to learn more about how we can assist you through our Limited Scope Legal Services. For skilled legal guidance, contact Schmitt Law, PLLC online or call (616) 608-4634 to arrange a consultation.

How to Navigate the Financial Issues During the First Days of Your Divorce

October 6, 2022 By Laurie Schmitt

You’ve decided to file for a divorce. What financial issues should you be most concerned with during the first few days of your divorce process? Before you file, strategically lay out a plan with your attorney as to how you will handle the finances, and protect the assets of the marriage.

The following are financial issues that should be addressed before (or closely after) you have filed for your divorce.

DO NOT ADD TO YOUR DEBT: Make sure you and your spouse do not acquire new marital debt. It’s hard enough to address division of debt in a divorce, without new debt being created. You certainly do not want more debt to be acquired during the divorce, unless both you and your spouse agree that new debt is necessary.

PRESERVE YOUR CREDIT: Make sure all marital debt is being paid, and being paid on time. Come to a written agreement with your spouse as to how the marital debt will be paid. If you are unable to come to a written agreement, then seek a court order to establish how the marital debt will be paid. It is imperative that this written agreement or court order is signed at the onset of the divorce to ensure on-time payments of the marital debt. You do not need to destroy your credit during the divorce process with failure to pay or late payments.

PROTECT YOUR ASSETS: Even if you and your spouse are getting along, it’s best to enter into a stipulated mutual restraining order to protect your assets and liabilities. If you are unable to agree, your attorney should obtain a mutual restraining order when your divorce case is filed. A mutual restraining order provides protection to both parties by prohibiting parties from disposing or hiding the parties’ assets. By having the court sign a mutual restraining order, it alleviates the concerns that either party may do so legally. A mutual restraining order will protect anything you require it to protect, and can be drafted to meet the specific needs of the parties.

KEEP FINANCES STATUS QUO: The goal is to keep your finances status quo until a temporary or permanent written agreement can be reached. Parties should enter into a temporary order on how the finances will be handled (what bills will be paid, when will they be paid, and who will pay them) until a final agreement can be reached in the divorce case.

GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

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.

The 4 Biggest Roadblocks to Negotiating a Fair and Equitable Divorce Settlement

October 3, 2022 By Laurie Schmitt

FEELINGS. During a divorce it’s natural for you to have feelings of anger, frustration, resentment, and sadness. And if you don’t address your feelings, it makes it hard for you to move forward and make the important decisions necessary to complete your divorce. Seek a professional counselor to assist you in working through your feelings so that you can move forward, conclude your divorce, and move on with your new life.
NOT UNDERSTANDING THE TRUE VALUE OF REAL PROPERTY. There’s no reason to guess what the value of your real property may be. It’s simple…you hire an appraiser to perform an appraisal. If you believe obtaining an appraisal isn’t necessary, or too expensive, you may be leaving thousands of dollars on the table in your settlement. Why guess? Let’s get a professional to tell us what your real property is worth. An appraisal is worth every penny as it prevents you from overpaying your spouse in equity or saves you from losing thousands in your pocket.
NOT UNDERSTANDING THE VALUE OF RETIREMENT ACCOUNTS. Why would you take your spouse at their word. Or, why would you accept rough estimates of the value of your spouse’s retirement accounts. The settlement of your divorce now becomes a business transaction. And good businesspeople to not guess. Have your attorney request up-to-date statements for all of your spouse’s retirement accounts. Without exact information as to value of each account, it is impossible to reach an agreement that is fair and equitable for you.
FAILURE TO DISCLOSE. If you or your spouse are unwilling to be truthful in disclosures, it once again makes it impossible to discuss division of assets. Failure to disclose comes in many forms such as under valuing or failing to list assets on a financial affidavit. The failure to disclose assets by you or your spouse makes it impossible to arrive at a fair and equitable resolution of your divorce case.

MAKE SURE YOU ARE RECEIVING WHAT IS FAIR. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

Do you know what the value of your marital property is? Determining the value of your marital property can be one of the most complex issues in your divorce. You have the right to expect a fair and equitable property division in your divorce. Schmitt Law, PLLC has the knowledge and skill to resolve financial matters using mediation and the collaborative approach, saving you time, money, and stress. To discuss your circumstances and legal options, contact Schmitt Law, PLLC online or call (616) 608-4634 to schedule a consultation.

Archives for October 2022

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