Archives for December 2023

What Are The Steps Of A Divorce? Part 3

December 28, 2023 By Laurie Schmitt

In this multi-part blog series “What are the steps of a divorce” we continue our journey into the divorce process.

You have now served your spouse with the divorce documents, and wonder what’s next in the divorce process. If you are living apart, it may be time to establish temporary orders.

TEMPORARY ORDERS

Temporary orders are orders that remain in effect through the pendency of your divorce case, or until a new court order is entered. Temporary orders may consist of establishing custody, parenting time, and child support, or address financial issues such as payment of the marital debt, household expenses, and spousal support.

• Temporary custody and parenting time order: Until there is a temporary order on custody and parenting time, both you and your spouse have equal rights to the children. It is important in the early stage of your divorce to establish custody and a specific parenting time schedule. Temporary orders on custody and parenting time will avoid the inevitable war of fighting over the children. Nothing worse that having the children held from you because you failed to seek a temporary order defining parenting time.

• Temporary order for child support: A temporary order on child support may be needed if you no longer reside in the same household with your spouse. As there is a minimum statutory wait period of six months to complete a divorce when there are minor children involved, you need to get child support established as soon as possible.

• Temporary order on household expenses and debt: Whether you are living in the same household or not, you should address how the household expenses and marital debt will be paid. Judges do not want to see assets be dissipated because of lack of payment (such as mortgages and car payments). And, debt must be paid, and paid on time, to preserve credit scores. A temporary order regarding finances can prevent the battle with your spouse about what debts will be paid, and who will be responsible to pay them. The court will expect status quo concerning payment of the marital bills during the pendency of your divorce. This will include all bills and expenses you and your spouse customarily pay to preserve the martial assets in the marital estate, including marital debts.

• Mutual restraining order: A mutual restraining order is a document prohibiting you and your spouse from disposing or hiding the parties’ assets. By having the court enter a mutual restraining order, it alleviates the concerns that either party may legally dispose or hide the marital assets. A mutual restraining order may include:

Protection of assets and liabilities of the marriage
Protecting insurance and beneficiary designations
Preventing either of you from canceling or removing the other from health insurance policies
Prohibiting either of you from cashing out or removing money from any pension, retirement, savings, or checking accounts
Preventing either of you from canceling credit cards, increasing credit card limits, or obtaining new credit
Preventing either of you from destroying, hiding, or diverting U.S. Mail to the other party

You will be permitted to make payment of the ordinary, usual, customary, and historic payment of bills and expenses of the marriage.

CONSIDERING DIVORCE? LEARN YOUR OPTIONS WITH SCHMITT LAW, PLLC. GRAND RAPIDS DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

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

To read Part I of this series please click the link : https://laurieschmittlaw.com/what-are-the-steps-of-a-divorce-part-one/

To read Part II of this series please click the link: https://laurieschmittlaw.com/what-are-the-steps-of-a-divorce-part-two/

What Are The Steps Of A Divorce? Part Two

December 25, 2023 By Laurie Schmitt

In this multi-part blog series “What are the steps of a divorce” we continue our journey into the divorce process.

You have now drafted all of the required divorce documents, filed them with the court, and paid your filing fee. Now, what’s next?

SERVICE OF THE DIVORCE DOCUMENTS

After the Verified Complaint for Divorce, Summons, and Record of Divorce has been filed with the clerk of the court, and the Summons has been issued, these documents must be served on your spouse. Service can be in person (voluntary or by a process server) or by mail.

Your spouse must be served within 90 days from the date the Clerk of the Court issues the Summons: service may be accomplished either through a private process server, any third party over the age of 18, or via U. S. Mail (certified/return receipt – restricted delivery).
After your spouse has been served, he or she will have 21 or 28 days to file an Answer (21 days if personally served and 28 days if served through U.S. mail)

AFFIDAVIT OF SERVICE

After your spouse has been served, you must prove to the court that your spouse has been served with the divorce documents. You “prove” to the court service has been completed by filing an Affidavit or Service with the clerk of court. The Affidavit of Service shows the court the name of the person who served your spouse, as well as the date, time, and location of service. If you have had a third party (friend or process server) serve your spouse, they must complete the Affidavit of Service (found on the second page of the Summons). If your spouse accepted service voluntarily, your spouse may complete the Acknowledgment of Service (found on the second page of the Summons), and then this must be filed with the court.

TIME LIMITS FOR DEFENDANT TO FILE AN ANSWER

After your spouse is served with the Summons, Verified Complaint for Divorce, and Record of Divorce your spouse will have:

21 days to file a written answer with the court – if served personally
28 days to file a written answer with the court – if they were served by mail or served outside of the state

DEFAULT

After the Verified Complaint for Divorce, Summons, and Record of Divorce are served on your spouse, they must file an answer with the clerk of the court within specific time limits. If your spouse fails to file an answer within the time allowed, a default must be filed and entered against them. After the default has been entered by the court, you can proceed with the divorce case, and request the court for a default judgment to be entered (after the required statutory wait period).

GET TO THE OTHER SIDE OF YOUR LEGAL JOURNEY WITH SCHMITT LAW, PLLC. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC, we understand 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.

To read Part I of this series please follow this link: https://laurieschmittlaw.com/what-are-the-steps-of-a-divorce-part-one/

What Are The Steps Of A Divorce? Part One

December 21, 2023 By Laurie Schmitt

In this multi-part blog series “What are the steps of a divorce” we will discuss the process of a divorce from the start to finish.

PREPARATION OF THE INITIAL DOCUMENTS

THE VERIFIED COMPLAINT FOR DIVORCE

To start a divorce proceeding, you must file a Verified Complaint for Divorce in the county where you reside. In a Verified Complaint for Divorce the party filing the divorce is known as the Plaintiff.

If you are filing the divorce action you will be required to state the following:

You have resided in Michigan for 180 days or more
You have resided in the county they are filing the divorce action in for 10 days or more
The date, city, and state where the marriage was performed
Name and birth dates of children
Date of separation (if no longer living together)
Identify any other county or state that has jurisdiction over the children
Identify any other county of state that the party has another child custody proceeding in
Identify any person not a party to the divorce who has physical custody of the children or claims legal or physical custody or parenting time rights with the children
List any information that could affect a child custody proceeding, including a proceeding for enforcement, a domestic violence proceeding, a protective order, termination of parental rights, or adoption in any state
A claim for spousal support (if you are requesting spousal support from your spouse)
A claim for attorney’s fees (if you are requesting your spouse pay for your attorney’s fees)
And 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”

The Verified Complaint for Divorce will be signed by you, in front of a notary public.

THE SUMMONS

In every divorce filing you will be required to file a Summons.

The Summons is a document filed with the Verified Complaint for Divorce and served on the Defendant (responding party to the divorce). The Summons notifies the Defendant an action has commenced against them and sets forth the time limits within which the Defendant must file an answer.

The Summons also identifies the date the Summons was issued and the expiration date of the Summons. If the Summons is not served on the Defendant before the expiration date, the Summons is no longer valid.

This document is filed with the court at the time you file your Verified Complaint for Divorce.

IF THERE ARE MINOR CHILDREN OF THE MARRIAGE

If you have minor children of the marriage, you will be required to complete a Verified Statement and Application for IV-D Services and Uniform Child Custody Act Affidavit. These documents are filed with the court at the time you file your Verified Complaint for Divorce.

RECORD OF DIVORCE

This document must be filed for every divorce, whether there are minor children of the marriage or not. A Record of Divorce requires you to state the following:

Your full name, birth date, last name before you were married (if different), the city, county, and state you live in, your birthplace, and the number of this marriage (You will need to provide the same information for your spouse)
Place of marriage
Date of marriage
Date you last resided in the same household (if you are separated)
Number of minor children in your household

This document is filed with the court at the time you file your Verified Complaint for Divorce.

FILING THE DOCUMENTS WITH THE CLERK OF COURT

The next step in your divorce process is once you have reviewed and signed the Verified Complaint for Divorce and any other documents required if you have minor children, all of the documents listed above are filed with the clerk of the court, and the Summons is issued.

At the time of filing, there will be a filing fee paid to the clerk of the court. This filing fee varies (a divorce with no minor children is less to file than a divorce with minor children).

In the next blog “What are the steps of a divorce – Part Two” we will continue our journey into the divorce process.

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.

Name Change After A Divorce-The List

December 14, 2023 By Laurie Schmitt

If your Judgment of Divorce contains a provision for name change, you may change your name if you wish to do so.

Before you begin the process of changing your name, obtain a certified copy of your Judgment of Divorce. A certified copy of your Judgment of Divorce may be obtained at the clerk of court in the county in which you were divorced. Often, you may order a certified copy from the clerk of court online, pay the fee online, and they will mail you the certified Judgment of Divorce. If an online service is not available with your clerk of court, you may appear in person to obtain a copy. You may also contact the clerk of court via telephone and obtain instructions on how to order it over the phone or via mail.

Once you have your certified copy of your Judgment of Divorce, it’s time to update all your official records. Here are a few of the most important places to update your name change:

SOCIAL SECURITY ADMINISTRATION: you will need a certified copy of your Judgment of Divorce, identification, birth certificate or passport, and original social security card. You should change your name with the Social Security Administration first before attempting to change your name elsewhere.

MOTOR VEHICLE OFFICE: to change your driver’s license or state ID card. You will need a certified copy of your Judgment of Divorce, identification, birth certificate or passport, and new social security card (showing your new last name), and proof of residency.

STATE DEPARTMENT: to change your US passport.

DEPARTMENT OF VETERANS AFFAIRS: in the event you are receiving any veterans’ benefits

VOTER REGISTRATION: to change your name for your state voter registration card

SOCIAL SERVICE OFFICE: in the event you are enrolled in any state benefits programs and receiving any public benefits such as Medicaid, Medicare, food stamps, etc.

TAX OFFICE: if you own a home, notify the city or county property tax office of your name change for the purposes of your property taxes

FINANCIAL ACCOUNTS: this includes all financial institutions that you have an account with. Accounts include checking, savings, IRA, CD’s, 401K, pensions, any other retirement accounts.

UTILITIES: to include you electric, gas, water, garbage,

MONTHLY ONLINE SUBSCRIPTIONS

CELL PHONE SERVICE PROVIDERS

CABLE/INTERNET PROVIDER

LOYALTY PROGRAMS: this includes airlines, hotels, department stores, etc.

EMAIL ACCOUNTS

GET HELP WITH YOUR DIVORCE. GRAND RAPIDS DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

Divorce in Michigan is a complicated procedure with long-term implications. It’s important to understand your rights and duties at each stage of the proceeding so that you will be in the best position to move forward during and after the divorce. Advice from an experienced divorce attorney can make all the difference in your outcome.

At Schmitt Law, PLLC, we work to ensure that our clients have the information and guidance they need to make the right decisions for their family and their future. 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.

The Top Parenting Time Questions Answered

December 11, 2023 By Laurie Schmitt

1. Can I Deny The Other Parent’s Parenting Time If The Other Parent Is Not Paying Their Child Support On Time, In Full, Or At All?

ANSWER: It’s frustrating when you’re not receiving support payments from the other parent, and are shouldering the financial burden of supporting your children. But, payment of support and the right to exercise parenting time are two separate issues. Therefore, you’re not allowed to withhold parenting time because the other parent has failed to pay their child support obligation. Parenting time is the right of the other parent to receive, as well as the right of your child. Your child has the right to maintain a relationship with the other parent. Your child shouldn’t be prevented from maintaining that relationship based on whether the other parent’s support obligation is current or not.

2. What Can I Do If The Other Parent Is Violating The Parenting Time Order?

ANSWER: If the other parent is violating the terms of the parenting time order, you may file a motion to hold them in contempt of court or you may file a parenting time complaint with your local Friend of the Court office. Before you decide what choice is best for your specific circumstance, contact Schmitt Law, PLLC. We can review the facts and help you determine if you should pursue an FOC complaint or ask the court to intervene.

3. Will The Other Parent Be Given Parenting Time If Domestic Violence Was Present In Our Relationship?

ANSWER: Even if the other parent were abusive with you in your relationship/marriage, they may still be awarded parenting time. When the court makes decisions about custody and parenting time, they review the best interest factors. And one of the best interest factors sates the judge may consider “Domestic violence, regardless of whether the violence was directed against or witnessed by the child” when making a custody and parenting time determination. However, because domestic violence was present in your relationship with the other parent, doesn’t mean the judge will automatically suspend or refuse to grant parenting time to the other parent.

4. Can I Withhold Parenting Time If I Deem It Important Or Necessary?

ANSWER: If you and the other parent have a court order that defines parenting time, you may not unilaterally withhold parenting time in violation of the terms of that court order. In Michigan, parenting time orders are treated seriously, and it is forbidden for parents to unilaterally deny parenting time. If you violate the parenting time order, be prepared to be held in contempt of court. If you have immediate concerns that the children will not be safe with the other parent during their parenting time, you must file an emergency motion to seek an emergency order to temporarily suspend the other parent’s parenting time. Or, you may seek a modification of the parenting time schedule. In either event, you will be required to provide the court with evidence that spending time with the other parent is harmful to your children.

GRAND RAPIDS CUSTODY ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

If you have concerns regarding parenting time and/or custody, Schmitt Law, PLLC can assist. At Schmitt Law, PLLC, we help parents work together to create a 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. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

What Are The Residency Requirements To File For Divorce In Michigan?

December 7, 2023 By Laurie Schmitt

To be granted a divorce in Michigan, you or your spouse must have lived in Michigan for at least 180 days immediately before filing your complaint for divorce. In addition, you or your spouse must have lived in the county where the complaint is filed for 10 days immediately before filing.¹ If you or your spouse have not lived in the county you are filing for divorce in for at least 10 days, you can still file for divorce in that county (or in any county) if all of the following are true:

your spouse was born in, or is a citizen of, a country other than the United States;
you and your spouse have a child under 18 years old; and
the judge believes that your child is at risk of being taken out of the United States by your spouse and held in another country.²

¹ M.C.L.A. § 552.9(1)
² M.C.L.A. § 552.9(2)

THE LAW

M.C.L.A. §552.9 Judgment of divorce; residency requirement; exception.

Sec. 9.

(1) A judgment of divorce shall not be granted by a court in this state in an action for divorce unless the complainant or defendant has resided in this state for 180 days immediately preceding the filing of the complaint and, except as otherwise provided in subsection (2), the complainant or defendant has resided in the county in which the complaint is filed for 10 days immediately preceding the filing of the complaint.

(2) A person may file a complaint for divorce in any county in the state without meeting the 10-day requirement set forth in subsection (1) if all of the following apply and are set forth in the complaint:

(a) The defendant was born in, or is a citizen of, a country other than the United States of America.

(b) The parties to the divorce action have a minor child or children.

(c) There is information that would allow the court to reasonably conclude that the minor child or children are at risk of being taken out of the United States of America and retained in another country by the defendant.

SUMMARY

Before you file for divorce, make sure you have lived in the State of Michigan for at least 180 days before filing and that you have resided at least 10 days in the specific county you file in.

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.

What Can I Do If The Other Parent Refuses To Visit The Children?

December 4, 2023 By Laurie Schmitt

When parenting time orders are entered, whether via agreement by the parties or by the court at the conclusion of litigation, it’s the court’s expectation the parents will exercise the parenting time they have just fought for, or agreed to. This expectation of the court is logical. However, people sometimes forego parenting time for various reasons. This can include employment schedule changes, relocation, relationship issues with the children, and more.

And it’s frustrating to you when the other parent refuses to exercise their parenting time per the court order, and when they fail to be a parent to your children. But just because it’s been a long time since the other parent has exercised their parenting time, or fails to exercise their parenting time consistently, it’s not a justification for you to refuse parenting time to the other parent.

Even if the other parent hardly sees the children, you may not unilaterally withhold parenting time in violation of the terms of that court order. In Michigan, parenting time orders are treated seriously, and it is forbidden for parents to unilaterally deny parenting time. And you’re not within your right to unilaterally change the terms of the parenting time order simply because the other parent is not exercising their parenting time per the terms of the court order.

Courts have stated they can’t force a parent to exercise their parenting time, that parents can opt in and out as parents, and that it happens all of the time. But just because the other parent fails to exercise their parenting time consistently, does not allow you to take matters into your own hands.

If you are concerned about the other parenting failing to exercise their parenting time, then you may want to pursue a modification. In these situations, it’s important to ask why is the other parent not exercising their parenting time and how long has this been going on. If the other parent, without valid justification and for a decent length of time, has failed to exercise their parenting time, a modification of the parenting time order may be appropriate. If you believe a change in parenting time or custody is appropriate, then you must file a motion. The judge can review your motion and decide if they are willing to change your current custody or parenting time order.

However, before you take action, what is your goal? What do you hope to accomplish with the judge? If the other parent refuses to see the children now, or is inconsistent with their involvement with the children, any changes to the court order may not incentivize them to step up as parents. And many judges do not believe the failure to exercise parenting time as defined in your court order is enough to change custody or parenting time.

So, before you file your motion seek legal counsel to discuss the specific facts in your case. Let’s sit down and talk about your options. Let’s see what’s best for you, and your children, given your specific circumstances.

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

Let’s discuss the specifics of your situation. At Schmitt Law, PLLC we understand that the interests of your children always come first. Whatever your situation, Schmitt Law, PLLC is experienced, sympathetic and willing to help you achieve the best outcome for your entire family. 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 45903.

Archives for December 2023

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