Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

616.608.4634

Archives for October 2023

Are You Paying For Legal Services You Don’t Need? Consider Limited Scope Service

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Do you need assistance drafting your complaint for divorce, having your documents filed with the court, and having them served on your spouse? Do you need a motion drafted but are unsure what motion to file?  Have you been served with documents and need help drafting a response? Are you unsure where to even start? Consider Schmitt Law, Pllc’s limited scope service.

LIMITED SCOPE SERVICE.  

Limited Scope

Schmitt Law, Pllc will provide services on a pay per service basis.  You pay one fee for each service. Fees are fully disclosed to before the legal work begins.  There are no hidden legal fees, or surprise invoices.

If you wish to retain us for one or more services, you simply pay the flat rate associated with that specific limited scope service. You may retain Schmitt Law, Pllc for as few or many limited scope services you wish. Take the stress out of your legal situation and consider Schmitt Law, Pllc’s limited scope service. 

COMPLAINT FOR DIVORCE

What is contained in this limited scope service:

  • Prepare on your behalf a Summons, Complaint for Divorce or Legal Separation, Record of Divorce, UCCJEA, Verified Statement, and all other documents reasonably necessary to initiate the action. 
  • Please note that this flat rate service does not include court filing fees or service of process fees.

MOTIONS

What is contained in this limited scope service:

  • Preparing and filing the appropriate motion reasonably necessary in support of your position pertaining to any family law issue, and of all other documents reasonably necessary to initiate the action. This does not include appearing on your behalf in court or drafting a proposed order.
  • Please note that this flat rate service does not include court filing fees or service of process fees.

EX PARTE MOTIONS

What is contained in this limited scope service:

  • Preparing and filing the appropriate ex parte motion reasonably necessary in support of your position pertaining to any family law issue, and all other documents reasonably necessary to initiate the action. This does not include appearing on your behalf in court or drafting a proposed order.
  • Please note that this flat rate service does not include court filing fees or service of process fees.

RESPONSES TO MOTIONS

What is contained in this limited scope service:

  • Preparing and filing the appropriate response to the motion and all other documents reasonably necessary to initiate the action. This does not include appearing on your behalf in court or drafting a proposed order.
  • Please note that this flat rate service does not include court filing fees or service of process fees.

FINANCIAL DISCLOSURES

What is contained in this limited scope service:

  • Assist you in completion of your financial disclosures. This service includes receipt, review, and organization of disclosures, drafting the Domestic Relations Financial Information Sheet. We will assist you in filing the appropriate documents with the court and opposing counsel.

MEDIATION PREPARATION AND ATTENDANCE

What is contained in this limited scope service:

  • Plan, prepare for and represent you at mediation (up to four hours – occurring during the course of one calendar day). This service includes gathering from you the information reasonably needed in order to prepare for mediation, preparation time with you prior to mediation, preparation of a mediation statement, providing supporting documentation to the mediator and opposing counsel, and attendance at mediation.

HELPING PEOPLE START THE NEXT CHAPTER OF THEIR LIVES GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At SCHMITT LAW, PLLC, we understand that family law cases can be expensive, and trying to handle it all on your own can be a confusing and frustrating experience. That’s why we are committed to providing limited scope service at a fair and reasonable cost to you. To discuss your circumstances and obtain fees associated with any of our limited scope service listed above, contact Schmitt Law, PLLC at (616) 608-4634 or contact us online.  Our office is located at 401 Hall Street SW Suite 112D, Grand Rapids, MI 49503.

**Please note that these services are limited scope in nature. This means SCHMITT LAW, PLLC will not appear as attorney of record or at court proceedings.  If you wish to retain SCHMITT LAW, PLLC to represent you in court, please contact us to discuss.   

Can My Spouse and I Share The Same Divorce Attorney?

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The short answer is NO. An inherent conflict of interest will always exist in every divorce case, so it is neither possible nor ethical for one attorney to represent you and your spouse in your divorce case.

ETHICS

Divorce attorney

A divorce attorney is ethically bound to represent only one person in a divorce. They are prohibited from giving your spouse legal advice, as one divorce attorney can’t watch out for the best interests of both you and your spouse. Representing you and your spouse at the same time is a conflict of interest, and therefore unethical.

LOYALTY

In every divorce case your divorce attorney owes you a duty of loyalty. And there is no possible way a divorce attorney can remain loyal to you and your spouse in your divorce. Their duty would be compromised in any divorce case, as parties often have different objectives in a divorce. These differences would create a conflict preventing the divorce attorney to advocate appropriately, and remain loyal to one client.

BEST INTEREST

Divorce attorneys are obligated to give you the best legal advice to you. It is impossible to give you and your spouse the best legal advice, and to represent the best interests of you and your spouse at the same time. Divorce attorneys represent one person at a time, we work at your direction, and are ethically bound to serve one person (not both parties in a divorce action).

OPPOSING SIDES

You and your spouse are opposing parties in your divorce. Even if you and your spouse have agreed to resolve your divorce amicably, and have agreed to the terms of your divorce, you are still opposing parties. There are times when you and your spouse start your divorce intending to be amicable.  And then something happens, and you and your spouse are headed to litigation.  Now what do you do if you are sharing the same divorce attorney? This is way divorce attorneys are prohibited from representing opposing parties in any type of case.

CONFIDENTIALITY

Divorce attorneys are bound to protect their client’s confidentiality. The information you share with your divorce attorney is protected by attorney-client privilege. This allows you to freely talk to your divorce attorney about the specifics of your case, to discuss legal strategy and goals, and your concerns without this information being shared with others. If one divorce attorney were to represent you and your spouse, there would be no effective way to protect your right to confidentiality.

In summary, there is no situation where one divorce attorney can represent you and your spouse in your divorce case and protect your best interests. 

HELPING PEOPLE START THE NEXT CHAPTER OF THEIR LIVES. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC, 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. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

Will I Lose My Health Insurance After The Divorce?

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The simple answer is YES, you will lose your health insurance after your divorce is final. 

Lose Health Insurance

Once the judgment of divorce is signed by the judge, and you are officially divorced, you will no longer qualify to remain on your former spouse’s health insurance plan. Federal law states that insurance coverage under a spouse’s policy terminates as soon as you are divorced.  Therefore, your former spouse is not allowed to keep you on their health insurance after a divorce, because you would no longer be considered a family member. So, know that it is not up to your former spouse about leaving your health insurance in place. The law prohibits it. 

It’s best that you address your health insurance coverage early in your divorce. Start doing preliminary homework early in the divorce process by checking at healthcare.gov., or one of the various online insurance carriers. This process may take weeks to a few months to find a plan, complete the application process, and for your new health insurance policy to go into effect. If you wait until the last minute to address health insurance, you may find yourself without health insurance post-divorce, or having to pay for COBRA for a period of time. Address this issue early, so that you are not uninsured at the end of your divorce. 

If you are transitioning from your spouse’s health insurance policy to your new health insurance policy, you can always pay for COBRA from your previous insurer. This will ensure that you do not have a lapse in your health insurance coverage. You will be able to maintain your previous insurance for several months through COBRA (the months of available coverage may be different under various plans). However, as COBRA insurance coverage can be pricey, you want to move as quickly as possible to get your new policy started.

Also note that health insurance companies have very strict rules about informing them of a qualifying event such as a divorce. Failure to inform the insurance company about the finalization of the divorce can constitute insurance fraud. So, after the divorce do not use your former spouse’s health insurance, or you may be held to repayment to the insurance company, or worse. 

PROVIDING SOLUTIONS FOR FAMILIES.

At Schmitt Law, we understand the challenging nature of going through a divorce and the strain it can put on you and your family. We work diligently to provide legal services that are tailored to our clients’ specific needs and circumstances. We are here to guide you through every step of the way and protect your rights. Don’t wait to take action – contact us today at (616) 608-4634 to schedule a consultation and get the legal support you need.

Our address is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

Can I Get A Divorce If I Can’t Locate My Spouse?

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Can you obtain a divorce if you are unable to locate your spouse? Yes, you may obtain a divorce if you can’t locate your spouse. However, you will be required to take additional steps to attempt to locate your spouse prior to your divorce being granted by the judge.

When you don’t know your spouse’s location, you must prove to the court that you have made a reasonable effort to locate them. What will the judge consider a “reasonable effort” to locate your spouse?

The following is a list of actions you should take to attempt to find your spouse:

  • Facebook – via message – see if your spouse opened it.
  • United States Post office through Freedom of Information Act for current address or any relocations. Complete the Address Information Request Form with your local post office.
  • Last known employment – ask for any address to which their W-2 forms were mailed.
  • Unions that your spouse may have worked for their specific trade or craft.
  • Contact their relatives – documenting the names of who you spoke to, their relationship with your spouse, date of contact, and their responses. Relatives can include parents, brothers, sisters, aunts, uncles, cousins, nieces, nephews, grandparents, great-grandparents, etc.
  • Online search using an Internet databank locator services.
  • Department of Motor Vehicles in the state of their last known address.
  • Department of Corrections Inmate search database in the state of their last known address.
  • Letters to the Armed Forces of the U.S. and their response as to whether or not there is any information about your spouse.
  • Secretary of State – requesting spouse’s driving record.

If you’ve not been successful in locating your spouse, then the court can grant you permission to serve your spouse via alternate service. A motion for alternate service will need to be filed with the court, indicating to the court all of your efforts you have made to locate your spouse. This is not to say you must complete all of the above tasks before the judge will grant you an order for alternate service. However, you must show the court you have made reasonable and diligent efforts to locate your spouse. 

The two most common forms of alternate service that the court traditionally grants are Newspaper publication (in a location where you think your spouse lives) and Facebook/social media. The court will most likely require you to use both of these methods for alternate service. 

Once you have accomplished the alternate service as required by the court, your divorce case may move forward.

GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY. CONTACT SCHMITT LAW, PLLC FOR GUIDANCE.

Laws surrounding alternate service in a divorce can be complex. We invite you to call Schmitt Law, PLLC to learn more about your rights as it pertains to divorce. For skilled legal guidance, contact Schmitt Law, PLLC online or call (616) 608-4634 to arrange a consultation.

Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

Can You Oppose A Divorce?

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If your spouse has filed for divorce, and you don’t want the divorce, you wonder if you can oppose the divorce. In Michigan, the answer is NO. 

NO-FAULT STATE

Can I oppose

As Michigan is a no-fault state, only your spouse needs to assert that there has been a breakdown in the marriage to be granted a divorce. The specific requirements to which someone can be granted a divorce in Michigan is detailed in MCL 552.6(1) which states that there has been a breakdown of the marriage with no reasonable likelihood it can be preserved. 

When your spouse signs the complaint for divorce, they state under oath that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. When your spouse attends the final hearing, they will reaffirm that statement under oath again. Therefore, there really is no effective way for you to disprove that there has not been a breakdown in the marriage to present granting your spouse’s request for a divorce.  

REFUSAL TO TAKE ACTION

Some people in the midst of a divorce believe if they remain silent, take no action, avoid service of the divorce documents, or fail to file an answer to the complaint for divorce, they can prevent their spouse from proceeding with the divorce. On the contrary, if you take no action, the divorce process will still move forward, and your spouse will be granted a default divorce. If you fail to respond to the complaint for divorce, the court will grant your spouse’s request for divorce, and potentially grant them what they are requesting. This means you have no say in the outcome of the case, as you refuse to participate. So, the only thing you will accomplish by refusing to have a voice in your divorce case will be giving up your right to seek terms that would benefit you. 

WHAT YOU SHOULD DO

Take action…protect your rights, even if you don’t want the divorce. Even though you may disagree with the divorce, this doesn’t mean you can’t oppose the terms of the final outcome of the divorce as it relates to child custody, parenting time, spousal support, and the division of marital assets and debts. 

PROVIDING SOLUTIONS FOR FAMILIES. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC, 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. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

What Do You Need To Know For A Custody Agreement?

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If your family law case involves custody and parenting time, there are many issues that you need to think about. And if you and the other parent are trying to come to an agreement regarding custody and parenting time, you need to know what your agreement should contain.  The following is a list of issues that you should incorporate into your final order:

LEGAL CUSTODY

Child Custody

Legal custody involves which parent has the ability to make decisions regarding the child’s education, health, and welfare. When parties share joint legal custody, it means that they are to consult the other on major decisions. 

PHYSICAL CUSTODY

Physical custody involves where the child will primarily live; who actually raises the child in their home. The parties may agree to joint physical custody, even if the child resides primarily with one parent.

PARENTING TIME

There are many parenting time schedules that can be considered. Do you want 50/50, every other weekend, or something in between? When deciding on a parenting time schedule you and the other parent should look at the age of your child(ren), where the children attend school, your employment schedules, your ability to exercise the time you are asking for. Come up with a parenting time schedule that makes sense, and that is in the best interest of your child(ren).

HOLIDAYS

In most counties in Michigan, the judge will require you to rotate all major holidays. The major holidays can differ between counties. However, the following is a basic list of holidays that are observed in most family courts: New Years Eve, New Years Day, Easter, Memorial Day, July 4, Labor Day, Thanksgiving, Christmas Eve, Christmas Day, Spring Break, Christmas Break, and Mother’s Day/Father’s Day. If your county has a holiday parenting time schedule you may follow that. If you and the other parent want to create your own holiday schedule, you are free to do so.  Note, that holiday parenting time takes precedence over any regularly scheduled parenting time.

TELEPHONE CONTACT

Some parties want to include a provision in their agreements about telephone calls with the child(ren) during the other parent’s parenting time. If you wish to add a telephone contact provision, it should include the days and times of the calls. If you decide to add this provision to your written agreement, it will be upheld by the court.

TRANSPORTATION

You and the other parent are free to agree on any transportation arrangement you like. However, if you are unable to come to an agreement, the court will order that the parent who is starting his or her parenting time shall be responsible for transportation. Typically, the court will allow transportation to be provided by the parent or by a member of the parent’s immediate family. They will also require that all transportation be provided by a properly licensed individual who has a properly licensed and registered vehicle, and that all legally required restraints be present and used (seat belts/car seats).

TAX EXEMPTIONS

Who gets to claim the child(ren) on their taxes is overlooked by many parents.  It’s important that you and the other parent come to an agreement regarding tax exemptions or you most likely will find yourself in court in the future arguing over this issue.  The typical agreement is that tax emptions will be rotated between the parties (one party receiving the exemptions in even years and the other parent receiving the exemptions in odd years).  If you have more than one child, you may also consider an agreement in which each of you will take one child every year (with your agreement stating who will claim what child).

EXTRA-CURRICULAR ACTIVITIES 

And again, who will pay for extra-curricular activities is another issue that gets overlooked in many agreements. Your child(ren) may not currently be of age that they are participating in any extra-curricular activities.  However, it’s best to talk about it now. You and the other parent can agree that you will equally share in the costs. Or you can agree to a different percentage other than one half. It’s also a good idea to have a yearly cap on the expenses. That way, you both clearly understand your maximum yearly out-of-pocket expenses as it relates to extra-curricular activity expenses. And you can agree that once the cap is met, if you or the other parent want to place the child(ren) in other extra-curricular activities the enrolling parent will be solely responsible for all costs. 

CONTACT SCHMITT LAW, PLLC FOR LEGAL ADVICE ON CUSTODY.  GRAND RAPIDS FAMILY LAW ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC, we help parents work together to create a custody and parenting plan that is in the best interests of your children. Through mediation, collaboration, or litigation, if necessary, our knowledgeable Michigan family law attorney will be your advocate and help you through this difficult time. To schedule a consultation or learn more about our services, contact us online or call (616) 608-4634.

What Financial Information Is Used To Calculate Child Support?

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If you’re going through a divorce or child custody action and child support will be calculated in your case, you should familiarize yourself with what is and is not used in your child support calculations. The following is a quick guide to show you what is credited and what is not credited in determining your monthly child support obligation.

The first thing to consider is what is income. The following is an abbreviated list of what the State of Michigan considers income for the purposes of calculating your monthly child support obligation. 

WHAT IS CONSIDERED INCOME:

Child Support Payment
  • Gross monthly income
  • Gross monthly income
  • Commissions
  • Bonuses
  • Any other monies from all employers or as a result of employment
  • Distributed payments from profit-sharing, pension, retirement, an insurance contract, an annuity, trust fund, deferred compensation, retirement account, social security, unemployment compensation, disability insurance or benefits, or worker’s compensation 
  • Military pay
  • Tips, gratuities, royalties, interest, dividends
  • Net capital gains

WHAT ELSE IS USED IN THE CALCULATIONS:

  • Daycare payments
  • Health care insurance payments (attributed to the children) 
  • The amount of overnights each parent receives per year
  • Second family credit (given to parties who have children from another relationship that live with them or that they support)

The next question is whether there are credits or offsets given for your monthly living expenses. The answer is no. Even though it may not seem fair, the State of Michigan does not account for your personal living expenses when calculating your monthly child support obligation. The following is a list of expenses that will not be credited to you.

WHAT IS NOT USED IN THE CALCULATIONS:

  • Mortgage or rent payments
  • Land contract payments
  • Lot rent payments
  • Utility payments
  • Vehicle loan payments
  • Student loan payments
  • Credit card payments
  • Car insurance payments
  • Personal loan payments
  • Any other reoccurring monthly debt

MAKE SURE YOUR CHILD SUPPORT OBLIGATION IS CALCULATED APPROPRIATELY. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING WEST MICHIGAN.

Are you going through a divorce or child custody case and child support must be established? Do you have questions about your child support obligation and how it will be calculated? 

Determining your monthly child support obligation can be a complex issue in your case, and one in which you will have to live with for some time. It’s best that you have your monthly child support obligation calculated fairly and appropriately at the onset, instead of having to address having it corrected later.

Over the years, we have successfully represented hundreds of clients in their child support cases. For skilled legal guidance, contact Schmitt Law, PLLC online or (616) 608-4634 to schedule a consultation. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

After The Affair – Now What?

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You find out that your spouse had an affair and you’re now considering filing for divorce. You ask if you should file for a divorce, or what the best time to do so would be. These are impossible questions for an attorney to answer. Attorneys are not qualified to provide such counseling. 

However, the following is a quick list of things to take into consideration if you find yourself addressing an affair and possible divorce:

Affairs and Divorce

•           Have you tried marriage counseling? 

•           Are you open to marriage counseling?

•           What is the length of your marriage? 

•           Do you want to preserve the marriage?

•           Are you just ready to move on?

These are issues that would be best addressed with a trained counselor. And the timing of filing your divorce is completely up to you. 

If you’re struggling with the issue of an affair in your marriage, you may need some time to process the information. If you just found out about the affair, you may be very angry and hurt.  And it may not be the best time to make a major decision such as filing for a divorce. But you’re in total control of the process – meaning you control the timing of your divorce filing.  And note that if you file for divorce, and you and your spouse reconcile, it is a very simple process to dismiss your divorce filing.

In the end, Schmitt Law, PLLC respects your need to have your legal questions answered.  You need to know what your options are before you can even think about making a future decision regarding divorce. You need to know what your future will look like before you move forward.  Schmitt Law, PLLC encourages you to take the time you need to process the recent events in your life, process the legal information you obtain, and make a decision that is best for you. And if you decide to move forward with a divorce, you do so when you are ready. 

Your decision is ultimately yours, and yours alone to make. Know that when are ready, Schmitt Law, PLLC will be here to guide you through the process.

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

If you are contemplating or in the process of a divorce or separation, contact the Michigan divorce attorney, Schmitt Law, PLLC. Our office understands that family law matters often involve complex relationships and dynamics that can enhance decision-making stress. We provide clients with the security to approach these challenges with confidence. Our dedicated attorneys will provide clients with individualized attention and strategic case preparation to address all parts of their cases. We invite you to contact Schmitt Law, PLLC today by completing our online contact form or calling us at (616) 608-4634 to schedule a consultation.

Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.