Laurie Schmitt

What Is The Biggest Concern When Divorcing Without Minor Children: It’s About The Money.

December 23, 2022 By Laurie Schmitt

Divorcing when there are no minor children certainly should be easier than couples who must address custody, parenting time, and child support. However, even when there are no issues regarding children to discuss, couples still must address the touchy subject of money. And discussions surrounding money are never easy.

The three biggest concerns that couples with no children must address are spousal support, division of assets, and separate property. And addressing these concerns can lead to challenges for couples.

Below are the three biggest financial concerns that couple must address when divorcing without children:

1. SPOUSAL SUPPORT:

Many factors are considered by the court as relevant in determining whether spousal support should be awarded. If the parties are unable to reach an agreement on the amount and length of time spousal support will be paid, the issue must be decided by the judge. If the issue of spousal support must be adjudicated, the court will look to the following factors is deciding on amount and duration of a spousal support award: (1) the past relations and conduct of the parties, (2) the length of the marriage, (3) the ability of the parties to work, (4) the source and amount of property awarded to the parties, (5) the age of the parties, (6) the ability of the parties to work, (7) the present situation of the parties, (8) the needs of the parties, (9) the prior standard of living of the parties, (10) general principles of equity.

2. DIVISION OF ASSETS:

Think of it this way, everything is considered a marital asset until it’s proven otherwise. This includes all real property, personal property, vehicles, recreational vehicles, boats, retirement accounts, 401K’s, IRA’s, stocks, bonds, and the list goes on. If you own it, it’s a marital asset until one party shows the court otherwise. And the basic rule: the marital estate is divided between the parties (fairly, not necessarily equally).

3. SEPARATE PROPERTY ISSUES:

Courts distinguish between marital property and separate property, with separate property being property acquired before the parties married, and marital property being property acquired during the marriage. Michigan has adopted a doctrine called the doctrine of non-invasion of separate property. As a general rule, separate property (before marriage) is awarded to the party who owned the property prior to marriage, unless the other party substantially contributed to its acquisition or appreciation or the estate is otherwise insufficient. (For example, if you purchased your home before marriage, the increase in value of the property during the marriage will often be considered marital.)

However, Michigan law allows the trial court to invade the separate assets of a party under two distinct exceptions: First, “if the estate and effects awarded to either party are insufficient for the suitable support and maintenance of either party” and second, “if it appears from the evidence in the case that the party contributed to the acquisition, improvement, or accumulation of the property.” Even if separate property of one party is awarded to the other spouse, the ultimate property division is to be fair and equitable under all of the circumstances of the case.

CONTACT AN EXPERIENCED DIVORCE ATTORNEY IN GRAND RAPIDS, MI

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

Laurie Schmitt of Schmitt Law, PLLC has years of experience representing clients in a wide range of difficult divorce cases. We understand the financial concerns our clients often have regarding their property ownership rights and the doubts they often experience when it comes to property division in divorce. If you are seeking a divorce, contact us today to schedule a consultation. Contact Schmitt Law, PLLC online or by calling (616) 608-4634 for a consultation today.

How Do Family Law Attorneys Charge For Their Work?

December 16, 2022 By Laurie Schmitt

Before you hire a family law attorney, you should have a clear understanding how your family law attorney will charge you for the legal service they will provide. Two of the most common ways family law attorneys charge for their work are the hourly rate and the flat rate. These billing methods are discussed below.

THE HOURLY RATE:

An hourly rate fee is one in which the family law attorney charges you for each hour (or portion of an hour) that they work on your case. When retaining a family law attorney under an hourly rate, request a written retainer agreement that specifies what their hourly rate will be, and what legal service will be provided to you. It’s also important that the written retainer agreement define if the family law attorney charges for work completed by their legal staff, and what that rate will be.

In most cases, the client will pay a retainer at the time they hire the attorney. A retainer is an advance on payment for the family law attorney’s services. A client retainer still belongs to the client until it’s earned by the attorney or used for legal expenses, and any unused portion must be returned. The amount of a retainer may be a set amount based on the law firm’s policies, or it may be determined based on the complexity of the case.

Note, that a more experienced attorney may charge more per hour than one with less experience; however, an experienced lawyer may take less time to do the same legal work. Most skilled family law attorneys will be able to provide the client with an approximate number of hours they anticipate the case to take, after discussing the case with the client and determining the legal course of action necessary.

THE FLAT RATE

A flat rate legal fee is one in which the family law attorney charges a fixed fee for your case. When retaining an attorney under a flat rate agreement, request a written retainer agreement that specifies what their flat rate retainer will include. The written retainer agreement should define if this flat rate includes attendance at hearings. It should also clearly state what takes place if your case does not settle – will the flat rate include representation at trial.

COSTS

Whether you hire a family law attorney on an hourly rate or flat rate basis, the written retainer agreement should address whether you will be responsible for payment of costs in connection with your case. Costs may include service of process charges, filing fees, publication fees associated with alternate service, expert witness fees and expenses, private investigation costs, court and deposition reporter’s fees, deposition costs, long-distance telephone charges, messenger and other overnight delivery service fees, electronic database research charges, police reports charges, photocopying and other reproduction expenses, postage, fax expenses, consultants’ fees, professional, mediator, arbitrator and/or special master fees and other similar items.

NO SUPRISES

The more detailed your written retainer agreement with the family law attorney, the less likely there will be misunderstandings about what legal service is to be provided and what the cost of that legal service will be.

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 attorney 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.

Top Ten Tips To Make Your Divorce Easier

December 14, 2022 By Laurie Schmitt

Divorce is a difficult process – difficult on your budget, on your children, and on your future. But, if you prepare well, you can make the divorce process easier with the following top ten tips on how to make your divorce easier.

EASIER FOR YOUR BUDGET

1. Amicable divorce. Have a discuss with your spouse about completing your divorce in an amicable manner.

2. Mediation. If you are unable to agree on matters regarding your divorce settlement, seek the assistance of a qualified family law mediator.

3. Debts. If possible, pay the marital debts off before you file for divorce.

4. Be Prepared. Collect your financial documents before meeting with a family law attorney or before engaging in financial discussions with your spouse.

EASIER FOR YOUR CHILDREN

5. Telling the kids. You and your spouse should agree on how and when to tell the children about the divorce. And if possible, you should tell them together.

6. No bad talk. Do not disparage your spouse in front of the children.

7. Adult issues. Shelter the children from adult issues. Make sure when you are discussing adult issues when the children are home that they cannot overhear the conversation.

8. Kids hurt too. If your children are struggling with your breakup, you and your spouse should consider placing the children in counseling.

EASIER FOR YOUR FUTURE

9. New life – new budget. Start working on a post-divorce budget now. Without some pre-planning, it’s impossible to make good decisions about renting verses buying, the purchase of a new vehicle, etc.

10. Divorce is hard. If necessary, seek the assistance of a divorce support group or counselor. There’s no shame in reaching out for help during this difficult time.

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.

Should I Seek Legal Advice If My Divorce Will Be Amicable?

December 12, 2022 By Laurie Schmitt

Many divorcing couples are looking to divorce amicably. And seeking legal advice may be viewed as hostile or taking an aggressive step against the other party. But this could not be further from the truth. Seeking legal advice can actually help divorcing couples through the divorce process.

There are steps family law attorneys can take on your behalf to keep the divorce process moving forward while maintaining an amicable position in the divorce. Family law attorneys can provide the following assistance:

Evaluate and assessing your legal situation, and provide in-depth legal advice based off the current law in the State of Michigan.
Provide procedural information regarding filing and serving of court documents.
Review court documents prepared by you or the opposing party/counsel.
Suggest documents for you to prepare.
Draft 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.
Advise you as to what to expect in your court appearance.
Prepare you for your court appearance or a Friend of the Court evaluation.
Assist you to evaluate whether an agreement is fair based on the financial circumstances of you and your spouse and by reviewing financial disclosures).
Assist you in drafting a response 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.

By seeking legal advice in your divorce, you can achieve efficiency in the divorce process and confirm the fairness of your agreement (custody, parenting time, child support, division of assets and debts, and transfer and sale of assets). It is important to understand that addressing these matters properly, through legal advice of a family law attorney, can keep the process on track and keep your divorce amicable.

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

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

What Are The Benefits Of Family Law Mediation?

December 9, 2022 By Laurie Schmitt

THE ROLE OF THE FAMILY LAW MEDIATOR

Family law mediators are third party neutrals specifically trained to aid couples in reaching resolution in a domestic relations matter (divorce, custody, parenting time). The mediator must remain neutral and treat each party fairly through the process. The mediator does not provide legal advice. But, because most family law mediators are family law attorneys, they are able to educate couples on possible results reached in court verses mediation.

CUSTOMIZED RESULTS

Who wants a cookie cutter resolution of their divorce? Couples who participate in mediation make decisions that are tailored to their needs. With the assistance of the mediator, couples are able to discuss proposals such as the division of family finances, custody, and parenting time and create agreements that addresses their specific needs and circumstances.

NARROWING ISSUES

Couples are able to use the mediation process as a way to narrow the outstanding issues to be discussed in court. Even if couples are unable to reach a complete agreement on all of the outstanding issues, they most likely will be able to successfully reach an agreement on some of the issues. When couples are able to narrow the issues that must be resolved by the court, they save time and money.

CONFIDENTIAL PROCESS

Mediation is a private and confidential process. Couples can feel free to talk about whatever issues are important to them that may not be suitable for discussion in court. These issues may involve discussion related to children that the judge would expect parents to work out without court intervention. The issues important to the couple may be discussed in a private, neutral space with the assistance of the mediator.

IMPROVE COMMUNICATION

Mediators aim to help couples communicate better as part of the mediation process. Couples who participate in mediation often find that after reaching a resolution in their divorce, they are able to move forward and build a working relationship with their ex. This allows couples to learn how to effectively co-parent and communicate regarding the children.

FINANCIAL VALUE

Mediation is significantly less expensive than the cost of protracted litigation. Additionally, parties can control their cost at mediation, deciding what issues they want the mediator to assist them with, and how may sessions they want to attend.

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.

How To Tell Your Spouse You Want A Divorce

December 1, 2022 By Laurie Schmitt

There is no road map or perfect way to tell your spouse you want a divorce. And it’s never an easy conversation to have. However, the following is general advice for how to best approach this type of conversation.

YOU ARE AT THE STARTING LINE

You are already at the starting line. You have decided to get a divorce. You may have consulted with an attorney. You may even be ready to file the divorce. However, your spouse may not be in the same emotional place as you are. This news may come as a shock to your spouse. Therefore, be respectful of their emotions. Just remember, it may take time for your spouse to meet you at the starting line.

LOCATION

Think carefully about where you will have this conversation with your spouse. Select a time and place that you can have this difficult conversation, in private. If you decide to have this conversation at your home, make sure the children are not present. They do not need to overhear this adult only conversation. And do not select a time and place where others may interrupt. This is a sensitive conversation to have and should be given the due respect it deserves.

MAKE A PLAN

Before you sit down with your spouse, think about what you want to say. Think about what you really need to say. Perhaps these may be two very different things. And the rule of keeping it simple applies. This is not a marriage counseling session. This is not a time to get angry, upset, and emotional. There is no need to rehash your entire relationship, nor disparage your spouse. As emotions may be running high during this conversation, keep it respectful, simple, calm, and to the point.

BE HONEST

Have enough respect for the marriage, and the time you have spent with your spouse to answer their questions honestly. If you have retained an attorney, tell them so. If you intend to file the divorce immediately, or have already done so, tell your spouse. If they will be served soon, inform them so that they are not blindsided with service. Also note that you do not have to have all of the answers right now. As this is your first divorce as well, you may not know what happens next. Just be honest with them, and tell them that it is one step at a time.

DOMESTIC VIOLENCE

If you have suffered domestic violence in your marriage, you should consult with your attorney about how to safely inform your spouse you want a divorce.

How you approach this conversation may have a big impact on how your divorce moves forward. You know your spouse best. If you want to have an amicable divorce, then the tone of this conversation should reflect that desire.

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

Divorce Mistakes To Avoid

November 28, 2022 By Laurie Schmitt

Divorce can be an overwhelming and confusing process. As most people have never been through the divorce process, they often don’t know where to begin. And mistakes made through the divorce process can have long lasting effects.

1. FAILURE TO OBTAIN A MUTUAL RESTRAINING ORDER

A mutual restraining order is a document 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. If you have assets to protect, you need to request a mutual restraining order at the start of your case

2. FAILURE TO OBTAIN AN ORDER ADDRESSING PAYMENT OF EXISTING DEBTS

If you have existing marital debts, and cannot agree on how they should be paid through the divorce process, you need to request an order from the court outlining how these debts will be paid. The last thing you need is to leave your marriage with your credit destroyed because marital bills were not being paid or being paid on time through your divorce.

3. DISCUSSING THE DIVORCE WITH THE CHILDREN

Children don’t have the emotional maturity to be burdened with adult information about your divorce. They may be struggling through your divorce process and shouldn’t have to deal with adult issues. The children need to know that it’s alright for them to love each of you, without having to take sides.

4. TAKING LEGAL ADVICE FROM FAMILY AND FRIENDS

Friends and family mean well. Your friends and family may have been through a divorce, and can share their war stories with you. However, the domestic relations law is ever changing. And because all family law cases are unique, you may not necessarily receive the same outcome your friend or family member received. Get your legal advice from an experienced family law attorney.

5. GOING THROUGH THE PROCESS ON YOUR OWN

Heading into a divorce without complete knowledge of the process can be risky. At the very least, obtain legal advice from an attorney before you get started so that you fully understand your option, expectations, rights, and responsibilities. At Schmitt Law, PLLC, we offer coaching and/or limited scope representation to assist you through the divorce process.

6. ONLY MY “FRIENDS” CAN SEE MY SOCIAL MEDIA POSTS BECAUSE IT IS SET TO PRIVATE

Don’t fool yourself. When there is a battle over the children, it’s not uncommon for your “friends” to provide the other parent with information, text, and pictures from your social media accounts. And yes, these comments, text, and pictures can and will be used against you in court.

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.

Top 5 Divorce Myths Debunked

November 23, 2022 By Laurie Schmitt

There are some common myths about divorce that are simply untrue. Laurie Schmitt of Schmitt Law, PLLC debunks the top 5 divorce myths.

MYTH 1: DIVORCE ALWAYS ENDS IN A TRIAL

It is rare for divorcing couple to end up in trial. Court intervention would only be necessary if divorcing couples are unable to settle disputes. And before parties arrive at a trial date, they must attempt mediation. Hence, trial would be the last resort.

The cost of a divorce escalates quickly if parties are unable to resolve their outstanding issues. However, divorcing couples can opt for alternate dispute resolution methods such as mediation or the collaborative divorce process. These alternate dispute resolution methods allow divorcing couples to take control of their case and their outcome without the need of expensive litigation.

MYTH 2: DIVORCE IS ALWAYS EXPENSIVE

MYTH 3: THE PARENT WITH “CUSTODY” OF A CHILD HAS GREATER RIGHTS THAN THE OTHER

In Michigan there are two types of custody: legal and physical. Who a child lives with has no bearing on each parent’s role in making important legal decisions for the child such as educational, medical, and religious decisions. If the parties are awarded joint legal custody, both parents have equal right in making these decisions on behalf of the child.

MYTH 4: NO CHILD SUPPORT – NO PARENTING TIME

There is no legal basis for a parent to prohibit parenting time if the other parent fails to pay child support as ordered by the court. If one parent is not receiving their child support, they can address that with Friend of the Court or the Court. But they do not have the legal right to prevent the other parent from exercising their parenting time as ordered by the court.

MYTH 5: UNMARRIED WOMEN HAVE REAL PROPERTY RIGHTS

Common law marriage is the term for a “marriage” that exists solely by agreement and by cohabitation. The State of Michigan does not recognize common law marriage, as common law marriage was abolished in Michigan in 1957. Therefore, if you and your partner were not legally married, you do not automatically have the same property rights as parties who were married. If parties who cohabitate intend to purchase real property, they should seek legal advice on how to protect their interests/rights in real property.

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

Laurie Schmitt

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