Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

616.608.4634

Laurie Schmitt

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

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HOURLY RATE FEES

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

FLAT RATE FEE

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

THE PROS AND CONS

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

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

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

Separate Maintenance: An Alternative To Divorce

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

The Difference Between Separate Maintenance And Divorce?

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

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

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

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

Separate Maintenance

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

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

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

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

What Can Be Determined In A Separate Maintenance Action?

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

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

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

LIMITED SCOPE LEGAL SERVICE

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

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

WHAT IS INCLUDED IN A LIMITED SCOPE SERVICE?

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

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

LIMITED SCOPE LEGAL SERVICE

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

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

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

 

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

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

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

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

Navigate Financial Issues divorce

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

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

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

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

If you filed for divorce, or are considering filing in the near future, contact the Michigan family law attorney at Schmitt Law, PLLC.  We have extensive experience handling all types of Michigan divorce cases and the related issues that frequently come up in the divorce process, including spousal support, child custody, and child support. We provide custom-tailored legal advice and solutions for clients. To learn more about how we can help you through the divorce process, contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

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

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

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

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

The Divorce Process

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THE VERIFIED COMPLAINT FOR DIVORCE

To start a divorce proceeding, you must file a Verified Complaint for Divorce and Summons in the county where you reside. In a Verified Complaint for Divorce the party filing the divorce (Plaintiff) will be required to state the following:

  • That they have resided in Michigan for 180 days or more
  • That they 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 the Plaintiff, in front of a notary public. 

FILING THE DOCUMENTS WITH THE CLERK OF COURT

Divorce Process

Once the Plaintiff has reviewed and signed the Verified Complaint for Divorce, the Verified Complaint for Divorce and Summons is 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).

THE SUMMONS

The Summons is a document that is filed with the Verified Complaint for Divorce and served on the Defendant (responding party to the divorce). The Summons notifies the Defendant that 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.

SERVICE OF THE DIVORCE DOCUMENTS

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

TIME LIMITS FOR DEFENDANT TO FILE AN ANSWER

After the Defendant is served with the Summons and Verified Complaint for Divorce they 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

AFFIDAVIT OF SERVICE

After the Defendant has been served, the Plaintiff must prove to the court that the Defendant has been served with the Verified Complaint for Divorce and Summons.

The Plaintiff “proves” 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 the Defendant, as well as the date, time, and location of service of the Defendant. 

If the Defendant accepted service voluntarily, an Acknowledgment of Service must be completed and filed with the court. 

DEFAULT

After the Verified Complaint for Divorce and Summons are served on the Defendant, they must file an answer with the clerk of the court within specific time limits (see “Time Limits for Defendant to File an Answer”). If the Defendant fails to file an answer within the time allowed, a default will be entered against them. After the default has been entered by the court, the Plaintiff can proceed with the divorce case, and request the court for a default judgment to be entered (after the required statutory wait period).

WAITING PERIOD

Michigan law establishes waiting periods depending on the individual circumstances.

If you do not have minor children of the marriage: There is a two-month waiting period after the filing of the Verified Complaint for Divorce has been filed.

If you have minor children of the marriage: There is a six-month waiting period after the after the filing of the Verified Complaint for Divorce has been filed.

A Judgment of Divorce cannot be entered earlier than these established times.

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

If you need to know more about a Michigan divorce, including how to file for a divorce, contact an experienced attorney, Laurie Schmitt at Schmitt Law, PLLC. Schedule your consultation today with a dedicated attorney. We look forward to speaking to you and being your advocate during this crucial time in reframing your life. Contact Schmitt Law, PLLC online or call (616) 608-4634 to arrange a consultation.

The Trial

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When parties are unable to resolve their divorce case through mediation or negotiations, then a trial will be necessary. The following is an outline of what a day at trial resembles:

FIRST

OPENING STATEMENTS: Opening statements are an opportunity for both sides to make an opening statement to the judge, briefly presenting their issues and the facts they intend to present.  An opening statement is an outline presented by the attorneys, giving an overview of what they intend to show the judge at trial. 

SECOND

Divorce Trial

WITNESSES:  Now that opening statements have concluded, witnesses will now take the stand to testify. In a divorce trial, the plaintiff (the person who filed the divorce) will present their witnesses, evidence, and exhibits first. Once they have completed presenting their case, the defendant will call their witnesses and present their evidence and exhibits. 

THIRD

CLOSING ARGUMENTS: Once both parties have presented all of their evidence, exhibits, and witnesses, it is time for closing arguments. Similar to opening statements, closing arguments are where each attorney will provide statements to the judge that explains the facts that were presented at trial, apply the facts presented to the Michigan law, and argue to the judge for a particular outcome.

LASTLY

WRITTEN ORDER: After the trial has ended, the judge will review and take into consideration all of the testimony, exhibits, and evidence presented, apply the Michigan case law, and issue a written order. This written order is the judge’s ruling on the issues. After the written order, the plaintiff’s attorney will prepare the judgment of divorce. This judgment of divorce must comport with the findings of the judge’s written order. Once the judgment of divorce is submitted to the court, the judge will sign the judgment of divorce and the parties are officially divorced. 

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.

Divorce and Confidential Settlement Agreements

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To complete a divorce, a judgment of divorce must be entered with the court. Once the judgment of divorce is signed by the judge, it becomes a public record. Anyone may go to the clerk of the court and request to review and copy the documents contained in your divorce file, including your judgment of divorce.

How can divorcing couples protect their privacy? The answer: through a confidential settlement agreement.

WHAT IS A CONFIDENTIAL SETTLEMENT AGREEMENT?

Settlement Agreement

Often times, parties want the provisions of their divorce agreement to remain confidential from the public.  Keeping the terms of your divorce agreement private can be achieved through a confidential settlement agreement. And as the term implies, that is exactly what a confidential settlement agreement does – keeps your private life away from the public.

WHAT IS THE DIFFERENCE BETWEEN A JUDGMENT OF DIVORCE AND A CONFIDENTIAL SETTLEMENT AGREEMENT?

A judgment of divorce is a public document whereas a confidential settlement agreement is a private contract. It is important that the parties’ assets and liabilities (and division thereof) be clearly addressed. Because a judgment of divorce is public, it should never contain sensitive information such as bank account, credit card, or retirement account numbers. However, because a confidential settlement agreement is not filed with the court, it can contain this information. 

HOW DOES A CONFIDENTIAL SETTLEMENT AGREEMENT WORK?

 A confidential settlement agreement is a binding contract between the parties that is merged and incorporated into the judgment of divorce. This means that the actual document and terms identified within remain confidential (as the actual confidential settlement agreement is not filed with the court). The parties and their attorneys retain copies of the confidential settlement agreement. The only time that a confidential settlement agreement is filed with the court is if one party violates the terms, and the other party seeks assistance from the court in enforcing the terms.

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

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