Archives for January 2024

Is Nesting During Your Divorce Right For You?

January 29, 2024 By Laurie Schmitt

After your divorce has been filed, you and your spouse should discuss your living arrangement. Do you continue living in the marital home together, should one person move out, or is there another alternative?

Many couples getting a divorce can’t move on until final decisions have been made regarding asset division. Often times, couples need to sell the marital home, or receive their share of the equity from the marital home before they can commit to their housing future.

As Michigan requires a 6 month wait period before couples with children can complete their divorce, it may be too difficult for parties to remain living in the marital home together for 6 months or more.

WHAT ARE MY OPTIONS?

You and your spouse may consider a nesting arrangement. What is nesting? Nesting is an arrangement wherein the children remain in the home, and you and your spouse take turns living in the marital home. You and your spouse go back and forth, moving between two residences while the children remain stationary in the marital home.

WHAT ARE THE BENEFITS OF A NESTING ARRANGEMENT?

A nesting arrangement maintains the children’s routine, and providing consistency for the children. It allows the children to stay in the home they are accustomed to, remain in the same school district, and stay near their friends while the divorce is pending.

WILL NESTING WORK FOR YOU?

Nesting can be a good alternative for some families and can be a disaster for others. If you and your spouse are involved in an emotionally charged divorce, nesting allows for the parties to have time with the children in the marital home, without the other party being present, and gives the parties space and privacy.

WHAT SHOULD THE NESTING AGREEMENT CONTAIN?

Before engaging in a nesting arrangement, you should obtain a written agreement in advance, addressing the common issues that arise. A written agreement helps the nesting arrangement to go smoothly if your written agreement takes into consideration the following:

• BOUNDARIES/PRIVACY: You and your spouse must clearly establish boundaries by deciding where you and your spouse will sleep when it’s you or your spouse’s turn to stay at the marital home. Often times one party will take the master bedroom, while the other party takes a spare room, or basement. The agreement should also state that each shall refrain from going into the other’s bedroom during their time in the marital home.

• PERSONAL ITEMS: The parties should commit to respecting the other’s personal items remaining in the home.

• BOYFRIENDS AND GIRLFRIENDS: Typically, a nesting agreement states significant others are prohibited in the marital home during the pendency of the divorce. After all, should the children be subjected to significant others already?

• FOOD: You and your spouse should agree as to who will purchase the food, or how will the food expense be divided.

• MORTGAGE AND UTILITIES: You and your spouse should agree how the mortgage payment and utility costs will be divided.

A nesting arrangement works well for many couples, as it allows for each party to have equal parenting time with the children. The largest downfall to a nesting arrangement is that each party must incur additional housing costs, as the nesting arrangement requires both parties to have another place to live during other parent’s time in marital home. This can be a financial burden for some parties.

And the final question you should ask is will your children be better with a nesting arrangement, or will it be better for your children if one of you move out of the marital home now and establish a residence somewhere else.

Housing issues while a divorce is ongoing is a difficult challenge and decisions must be considered carefully. If you would like to learn more about nesting, contact SCHMITT LAW, PLLC.

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 here to arrange a consultation. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

What Is A Retainer Fee?

January 25, 2024 By Laurie Schmitt

WHAT IS A RETAINER FEE?

A retainer fee is an amount of money you pay upfront to your attorney before legal services are provided to you. Think of it as a down payment you make to your attorney to guarantee that you are provided with legal services later.

WHEN IS A RETAINER FEE PAID?

A retainer fee is paid in advance of the legal services being provided to you. Some attorneys require the entire retainer fee to be paid in full prior to any work being done on your case. Other attorneys may allow payments to be made on the retainer fee.

WHAT IS THE PURPOSE OF A RETAINER FEE?

The purpose of a retainer fee is to secure the services of the attorney you want to hire, and to ensure your attorney is paid for the time they spend on your case.

HOW MUCH ARE RETAINER FEES?

The amount of a retainer fee varies greatly from attorney to attorney. Retainer fees are typically based on the years of experience your attorney has, the attorney’s hourly rate, the type of legal case you have, and the complexity of your case.

WHAT DOES A RETAINER FEE COVER?

A retainer fee covers payment of the time your attorney will spend on your case (their billable time). It may also cover costs such as filing fees, service fees, postage, and any other cost associated with your case. Your contract should address the specifics of what your retainer fee will be used for. So, review the terms of your contract carefully.

IS A RETAINER FEE REFUNDABLE?

Whether or not a retainer fee is refundable is determined by your contract with your attorney. Some retainer fees are non-refundable. If a retainer fee is non-refundable, you will not receive a refund of any portion of your retainer (no matter how many or few hours were spent on your case). Other retainer fees are refundable, meaning you will be refunded any unearned portion of your retainer when the case has concluded. Every contract is different, so understand your contract before you sign it.

When hiring an attorney, make sure you understand how much your retainer fee will be, when you will be required to pay the retainer fee, what your retainer fee will cover (legal service and/or costs), and when legal service will begin on your case. If you have questions about retainer fees, or wonder what Schmitt Law, PLLC requires for a retainer fee, contact Schmitt Law, PLLC to discuss.

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.

What Clients Say They Wished They’d Done Differently In Their Divorce

January 18, 2024 By Laurie Schmitt

After your divorce is all said and done, and the ink has dried on your Judgement of Divorce, you look back and wonder. You wonder what you could have done differently in your divorce. Could your divorce process have been easier? Could you have done things differently? Could you have made different decisions? Could you have saved money on attorney’s fees by avoiding fights?

Here is a short list of some of the statements clients have shared on what they wished they would have done differently during their divorce:

Not spent as much money on attorney’s fees fighting over small issues that really mean nothing now.
Not fought over personal property
Been willing to see and understand the viewpoint of their spouse
Stepped back and realized not everything needed to be a war
Picked their battles more carefully
Seen the bigger picture in their divorce
Not disparaged the other parent in front of the children
Not let anger drive their decisions
Kept their children first and foremost in their decisions
Talked to a counselor
Not engaged with their spouse with negative rhetoric
Not lowered themselves and constantly responded to their spouse’s negative behaviors
Not singularly focused on what brought them to divorce
Paid more attention to the business aspects of the divorce and less focus on their emotions
Not made every conversation with their family and friends about their divorce
Learned to maintain a positive perspective about the outcome of the divorce
Not let their anger fuel them
Learned to let go
Not buried their head in the sand and acted as if their marriage wasn’t ending
Thought there could be a reunification with their spouse and failed to pay attention to important decisions that needed to be made in their divorce
Didn’t take their spouse seriously about the divorce action
Waited until the last minute to hire counsel
Not attempted to handle the case without counsel or obtaining any legal advice
Not given in to every demand of their spouse out of guilt
Followed their attorney’s direction better

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

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.

How Do You Handle Long Distance Parenting Time?

January 15, 2024 By Laurie Schmitt

What happens when you and the other parent live a long distance from each other? How do you handle parenting time? If you and the other parent live far apart, creativity in a parenting time schedule is a must. You should consider longer periods of parenting time verses a standard schedule. The frequency and duration of the visits depends on the child’s age and needs, as well as what works for the parents.

PARENTING TIME SCHEDULES TO CONSIDER WHEN YOU LIVE FAR APART:

Every other weekend: if you live close enough to make this parenting time schedule practical.
Extended time during school breaks such as Thanksgiving weekend, Christmas break, spring break, winter break, and mid-winter break.
Thanksgiving break: you can alternate who gets Thanksgiving break every year or split the holiday between each of you
Christmas break: you can split the holiday, and alternate them every year or have the same split every year
Three-day weekends: given to the noncustodial parent when available in the child’s school schedule
Summer parenting time: this is a perfect opportunity for the non-custodial parent to be given an opportunity to have extended parenting time that would not interfere with your child’s school schedule. You could consider a two-week rotating schedule, or one half of the summer with you and one half of the summer with the other parent. Of course, this may depend on the distance you live from one another, the cost of travel, and the age of your child (younger children may not fare well with a longer period of parenting time).

HOW DO WE HANDLE THE EXCHANGE?

Options for exchange when parents live far apart may include:

The other parent handling all of the driving to and from your house (if you are the custodial parent)
You and the other parent meeting halfway
Flying your minor child. Note, airlines have restrictions about children flying unaccompanied and each airline has different restrictions. If flying is required, you should have a general understanding of the restrictions (and what is entailed) before you enter into a parenting time schedule that requires air travel.

WHO PAYS FOR THE TRAVEL EXPENSE?

You and the other parent must also agree on the cost of travel. Are each of you responsible for your share of the travel? Do you need to book flights for the child? Are you to share in the flight cost or the cost of gas?

Options for travel expense when parents live far apart may include:

Each of you pay equally for the travel expense
One party pays for all of the travel (if they moved out of state causing travel to be necessary)
The cost is divided based on specific parenting time such as one party always pays for travel for summer or specific holidays.
The expense is divided disproportionately based off of ability to pay, income, or some other agreement

What’s important to remember when you and the other parent are creating a long-distance parenting time plan, you need to agree on a schedule you can follow, understand what it is that each of you have agreed to, and follow through with the schedule.

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

Custody is a sensitive topic in divorce cases. Child custody mediation will put your child first and set you up for a healthy co-parenting relationship. With an experienced attorney and mediator like Laurie Schmitt, you will be able to navigate your new family dynamic with clear understanding and communication. Looking for a professional and experienced family law attorney, contact us online or give us a call at (616) 608-4634. At Schmitt Law, PLLC our commitment is to you! Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

What Should You Consider When Creating A Parenting Time Plan?

January 11, 2024 By Laurie Schmitt

It’s always best when you and the other parent work together to develop a parenting time plan that meet’s your family’s needs. The court can make decisions about parenting time, but you and the other parent know more about your family’s needs than the judge. If you and the other parent are working to create a parenting time plan, what should you consider?

THINGS TO CONSIDER:

The age and developmental stage of your child. Of course, a schedule for an infant will be very different than a schedule for a teenager.

If your child is in school: Which parent can accommodate the needs of your child? Who can drop off and pick up from school? Who can assist the child in getting their homework completed? Who will make sure the child gets to school on time? What parent can provide a consistent weekday school schedule for the child?

Extra-curricular activities: which parent can provide transportation to and from these activities? Which parent will ensure the child is ready and at their activity on time?

Consider each of your work schedules. It makes no sense to agree on a parenting time plan that one or neither of you can actually do. Even though you may both want a schedule as close to 50/50 as possible, it may not be practical.

How will transportation be handled? Where will parenting time exchanges take place? Will you meet half way at a neutral location? Or will the exchanges take place at your homes?

How will your child get to and from school? Are there buses available from each of your homes? Will you or the other parent be available for drop off and pick up from school?

Days off from school or daycare. What will happen if school or daycare is closed or not available?

What happens if your child is ill and can’t attend school or daycare? Who will be responsible to stay home with your child or take off from work to provide care, especially if parenting time exchanges occur before or after the school/workday? A plan needs to be in place.

How will you share the holidays? You need to have a specific holiday schedule in your order in the event you no longer agree on holiday parenting time. You and the other parent may divide the holidays as you please. But, if you are unable to agree as to the division of holidays, you have the fallback plan in place (the court order specifically listing the holidays and how they will be divided).

Once you and the other parent have agreed to the terms of your parenting time plan, your agreement must be reduced to an order, and signed by the judge. This order will be enforceable by the court and Friend of the Court if it is specific and includes days and times for parenting time.

If you and the other parent seek to have your parenting time schedule have a lot of flexibility, and want parenting time to be “as agreed upon by the parties” or “reasonable parenting time”, then know that these orders would not be enforceable by the court or Friend of the Court (as they are too vague). If you want to have flexibility, but have your order be enforceable, consider using language such as parents will exercise parenting time as agreed upon by the parties. In the event they do not agree, parenting time will be [insert specific parenting time schedule, including times and locations for exchange].

COLLABORATIVE DIVORCE – THE LITIGATION ALTERNATIVE

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

Divorce is a stressful and difficult process. That’s why more couples are turning to the collaborative divorce process. A highly trained team of professionals work together with you to develop a fair, open and child centered resolution. If you want to avoid going to court, reach your own agreement, and promote positive co-parenting post-divorce, the collaborative divorce process may be an alternative for you.

Laurie K. Schmitt, founder of Schmitt Law, PLLC, is an Attorney, Mediator, and Collaborative Divorce lawyer. When possible, she guides her clients through amicable divorce settlements so they can move forward with their life. Contact Laurie online or by calling (616) 608-4634 to schedule a consultation to discuss the collaborative divorce process and how it can benefit you.

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

What Is Legal Custody In Michigan?

January 8, 2024 By Laurie Schmitt

Legal custody means the right to make major decisions about your child’s welfare. This includes decisions about medical care, phycological care, educational, and religion. If you are awarded sole legal custody, you will make these decisions without the need to consult with the other parent. If you and the other parent are awarded (or agree to share) joint legal custody, you will make these decisions together. If you and the other parent are unable to agree on a decision, then you would need to file a motion and have the court decide the issue.

As joint legal custodians, each parent will have equal decision-making authority with respect to matters concerning the child’s health care, religious training, and education. Both parents must be fully informed with respect to the child’s progress in school and will be entitled to participate in all school conferences, programs, and other activities in which parents are customarily involved. Specifically, the term “joint legal custody” means:

a. Each party will foster, encourage and support the relationship between the minor child and the other parent;

b. Each parent will be entitled to have complete access to the minor child’s medical, psychological, school, religious and other pertinent records of the child;

c. Each parent will advise the other promptly of any illness, emergency, or other significant events concerning the minor child (including school or health problems, if any) of which the parent becomes aware;

d. The parties will consult together concerning major decisions involving health, education, religion and welfare of the minor child;

e. The parties will use their best effort to work together to ensure consistency in agreement of matter affecting the upbringing of the minor child and to work together to promote the best interests of the minor child;

f. Each party shall have full rights to receive and authorize the release of information regarding the minor child from the child’s school, mental or physical health care provider or any other source;

g. The parties shall each be entitled to be informed of all parent/teacher conferences and all other activities (including sports) and/or school programs in which the child and parents are invited to attend;

h. The parties shall each be entitled to receive copies of the minor child’s report cards, medical records and current photographs;

i. Each party shall have the right to make routine and emergency decisions regarding the minor child when the child is with him or her;

j. That each party shall keep the other party informed of their present address, telephone number and any other emergency numbers.

ACCESS TO CHILDREN’S RECORDS

Even if you have sole legal custody, both parents will still have the right to access their child’s records or information. This includes medical, dental, school, and childcare records, as well as notification about any school meetings.

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

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 49503.

What Are The Steps Of A Divorce? Part IV

January 2, 2024 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 obtained temporary orders. What’s next in your divorce case?

DISCOVERY PROCESS
DISCOVERY: WHAT IS IT?

Discovery is part of the pre-trial phase of the case where each party requests documents and information from the other side. This process allows both parties to obtain information necessary to reach a fair and equitable settlement. If a settlement is unsuccessful, the information exchanged will be used at trial.

DOCUMENTS REQUIRED FOR THE DISCOVERY PROCESS

The following is a checklist of documents you should compile for your attorney. This checklist may not contain everything your attorney will need, as the discovery process is tailored to the specific facts of each case. Here is the most basic checklist of documents used in most divorce cases:

List of all bank accounts. Provide account numbers, current balances, and statements for the last three months for each account. (savings, checking, CD’s, credit unions)
Copies of titles and registrations for all vehicles, boats. etc.
Blue book values on all vehicles and boats. Print reports for private party values for each vehicle and/or boat.
Warrant Deed and statements reflecting mortgage balances owed for all real estate.
Copy of Appraisal for home (if within last 3 years).
Copies of life insurance policies.
Most recent property tax statement and any recent appraisal reports for all real estate.
Retirement account statements (401k’s, IRA’s, 403B’s, pensions, profit sharing, etc.).
Statements for investments (stocks, bonds, mutual funds, etc.). Information for inheritance received during the marriage.
List all credit cards and other debts (mortgages, car loans, home equity lines of credit) indicating whether joint or individual, and balance owed, and provide copies of statements for the last three months for each.
Documents for all other indebtedness.
Any financial statements recently prepared (ex: for loan applications).
Recent pay-stubs for both spouses.
Recent credit report to ensure that all debt is accounted for in your settlement.
The last three years’ tax returns with W-2’s and schedules attached.
Business interests, corporate stock certificates, etc.
Franchise agreements.
Employment Contracts.
Lease agreements.
Copy of household budget if used.
Prenuptial or post nuptial agreements.
If you have children under 18:
- Verification of yearly daycare costs
- Information on, or copy of, current health care cards
- Cost of employer provided health insurance with breakdown for costs for self and cost for self with family

DISCOVERY: WHAT DOES IT CONSIST OF?

INTERROGATORIES:

Interrogatories are written questions produced to your spouse that must be answered truthfully under oath, under penalty of perjury. Interrogatories can be on a wide range subject matters including finance, standard of living, work history, parenting time, education, the identification of witnesses, exhibits and their position concerning custody and visitation of children.

REQUESTS FOR ADMISSION:

A request for admission is when one party requests the other party to admit or deny the accuracy of a specific statement, and this admission or denial is done under oath. If your spouse fails to respond timely to a Request to Admit, all of the facts set forth in the request will be deemed admitted, and can be used as evidence during the course of litigation.

REQUEST FOR PRODUCTION OF DOCUMENTS:

A request for production of documents is a formal request to your spouse to produce specific documents related to your divorce such as pay stubs, statements for bank accounts, credit cards, auto loans, and investment and retirement accounts. Additional examples of items requested can be (1) written reports and documents for expert witnesses, (2) written, recorded, or signed statements of any party (including you and your spouse, investigators, friends, family members or employers), (3) photographs, videotapes or audiotapes, emails, surveys or other graphic representations of information, (4) documents received pursuant to a subpoena request from any party, and (5) financial documents (tax returns, pay stubs, bank statements, retirement account statements), child-related documents, and social media posts.

DEPOSITIONS:

Depositions are sworn testimony from your spouse or witnesses. This testimony can be used in court to refresh your spouse or a witness if they provide testimony that contradicts statements made in their deposition. Depositions take place in an attorney’s office under oath, with a court reporter present recording the testimony. After the deposition is complete, the parties may order a deposition transcript from the court reporter. If distance of a witness is an issue, a video deposition may be taken instead.

WHY IS DISCOVERY IMPORTANT TO YOU?

Discovery allows for transparency between you and your spouse. Discovery can provide you with the peace of mind that you have all of the necessary information required to reach a fair and equitable agreement in your divorce case.

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

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. Contact Laurie at (616) 608-4634 to schedule a consultation to discuss the collaborative divorce process and how it can benefit you. 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/
To read Part II of this series please click the link: https://laurieschmittlaw.com/what-are-the-steps-of-a-divorce-part-3/

Archives for January 2024

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