Laurie Schmitt

Is Living In The Marital Home Together During The Divorce Right For You?

July 25, 2022 By Laurie Schmitt

Your divorce has been filed. Now, where do we live while our divorce is pending? Do we stay together, or do we live apart?

For most couples, it may not financially viable to maintain two homes until the parties have reached an agreement on the financial issues (division of assets/debts, who will retain the marital home, amount and timing of equity payout). That leads to parties remaining in the marital home while the divorce in pending, living in separate bedrooms or locations of the home.

Before you agree to continue living in the marital home with your spouse ask yourself the following questions:

Are you willing and able to maintain a civil relationship while living in the same home?
Are you willing and able to refrain from fighting in front of the children?
Are you willing and able to refrain from talking about the divorce with the children?
How will the children react when they see you sleeping in separate places in the home?
Are you willing and able to respect the other’s personal space and boundaries?

If you intend to live with your spouse while the divorce is pending, you should discuss the following:

Will there be any ground rules such as how, when, and how frequently you and your spouse will talk about the divorce, are visitors allowed, who will be responsible for the household chores, and other issues related to running the marital home.
What will the division of debt look like? Will it remain status quo, or will there be a new division of debt? In an effort to avoid unnecessary disagreements, it’s best to have an agreement regarding finances at the beginning of the divorce action.
Will each party be afforded private parenting time with the children? If you have been living together (but essentially apart) for some time, it is not unusual for parties to want individual time with the children. Once again, an agreement between the parties can avoid much disagreement later.
Will the responsibilities of the children remain the same, or should there be a new division of responsibilities? Now that the divorce has been filed, parties may want to revisit “how things have always been done”, allowing both parties equal responsibility for the children.
Where will each of you sleep while sharing the marital home? If you are in separate bedrooms (or someone is residing in the basement), it is best to discuss privacy issues such as not entering into the other’s sleeping quarters, respecting the other’s personal items, and whether locks should be installed to ensure privacy.

For many couples, living together is a necessary arrangement until the completion of the divorce. Although it may seem smart to maintain financial status quo during the divorce, living together while the divorce is pending may not be best for some parties, nor the children. This is an issue best discussed with your family law attorney.

Contact the Knowledgeable Michigan Divorce Attorney at Schmitt Law, PLLC for Immediate Assistance

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 Importance of Preserving a Relationship With Your Former Spouse When There Are Children

July 20, 2022 By Laurie Schmitt

Can preserving a relationship with your former spouse even be accomplished? Yes, it can, and successfully.

Why is it important to preserve a relationship with your former spouse? So that you can raise emotionally healthy children.

How do I go about preserving a relationship with someone I divorced? After all, we are divorced for a reason. The following are common sense ideas on how and why you should preserve your relationship with your former spouse:

Would you really speak to someone at your dentist’s office the way you speak to your former spouse? Act as if you are interacting with someone in a business relationship – be cordial and polite. I didn’t say it’s required to respect your former spouse. But you can interact with them in an appropriate way.
Don’t let your former spouse push your buttons, nor should you push theirs. It’s true that there is no better person to know how to get us angry in a second. However, it will serve no greater good in the long run to engage in negative back-and-forth behavior. It’s time to move from the past and make a paradigm shift…that we need to be good people to raise good children.
Be a good role model for your children…yes, they are watching and listening to both of you.
Why must everything a battle? Learn to compromise.
Don’t let significant others or spouses get in the way of maintaining a positive relationship with your former spouse. It will benefit your current relationship if you reduce the friction with your former spouse. Who wants to go on date night and listen to you spend the entire evening complaining about your former spouse.
Yes, there will be different rules and lifestyles at your former spouse’s home then you may have at your home. Accept that you do not have control or influence on how your former spouse lives, nor how they raise the children during their parenting time.
Try and respect the decisions your former spouse makes regarding the children during their parenting time. If it benefits the children, then support the decision.

To summarize, if you maintain a civil relationship with your former spouse, the children will be the winners. It’s important to look into the future and know that children grow up and become adults. If you create a healthy relationship with your former spouse now while the children are young, there is a greater likelihood that your children will want both of you at their extracurricular events, their high school graduation, their college graduation, and their wedding.

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.

What Should I Ask My Divorce Attorney At The First Meeting?

July 18, 2022 By Laurie Schmitt

Asking the right questions at the initial interview will assist you in determining if you and the attorney will be a good fit to work together. v And, obtaining answers from the beginning of the attorney-client relationship can set a positive tone between you and the attorney. Remember, this is your interview. You should feel free to ask the attorney anything you have concerns about.

HOW LONG WILL MY DIVORCE CASE TAKE?

Under Michigan law, if there are no minor children of the marriage, the mandatory wait period is 60 days from the date of filing the complaint for divorce. If there are minor children of the marriage, the statutory wait period is six months from the date of filing the complaint for divorce. These statutory wait periods are defined in MCL 552.9(f). Realistically, a contested divorce in the state of Michigan can take 8-12 months.

WHO WILL I ACTUALLY BE WORKING WITH?

Will you be working with the attorney you interviewed with or an associate of the firm? Understand who you are hiring. If you will be working with an associate, meet them before you retain the law firm. The point of a consultation is to see if you can have a successful working relationship with the attorney. It’s hard to make that determination if you interview with one attorney, and your case is assigned to another attorney you have not met.

HOW WILL THE ATTORNEY COMMUNICATE WITH ME?

To avoid misunderstanding and frustration in your attorney-client relationship, understand how your attorney will communicate with you. Do they prefer communication through email, telephone, or text? Who will you be primarily communicating with – the attorney or their staff?

HOW OFTEN WILL THE FIRM SEND ME INVOICES?

Ask how often the firm sends invoices. You do not want to receive an invoice several months after you have retained your attorney only to find out that your retainer is completely depleted. Better to know each month where you stand financially with your attorney.

WHAT WILL I BE BILLED FOR?

Have a full understanding of what you will be billed for such as calls, emails, texts, document preparation, attendance at hearings, postage, and costs.

DOES THE ATTORNEY HAVE ANY EXPECTATIONS OF ME?

Does the firm have rules about client use of social media during the pendency of your case? Do they have suggestions about how to communicate with your spouse while the case is ongoing? Do they want to be informed of discussions/issues that arise between you and your spouse, and how often? Does the attorney have other rules that may guide you smoothly through your divorce process?

WHAT DOCUMENTS WILL THE ATORNEY REQUIRE OF ME?

The earlier you begin compiling the necessary documents for your divorce attorney, the easier it will be for you. You can be assured that your divorce attorney will need documents such as your tax returns, paystubs, mortgage statements, deeds, titles, credit card statements, and retirement account(s) statements. Ask the attorney to provide you a detailed list of what they require.

IF YOU ARE READY TO GET STARTED WHAT ARE THE NEXT STEPS?

Typically, this would mean that you need to sign a retainer agreement, make payment of the retainer, and provide information for the attorney to draft the documents necessary to file your divorce.

MICHIGAN COLLABORATIVE DIVORCE ATTORNEY

Schmitt Law, PLLC treats each and every client with understanding. We will address any questions and concerns that you may have in order to structure our representation accordingly. Whether you have a simple, uncontested divorce or a complex legal battle that must be litigated, contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

Do I Have To Return My Engagement Ring and Wedding Ring If We Get a Divorce?

July 15, 2022 By Laurie Schmitt

You and your spouse have filed for divorce. And you each want to keep the engagement ring and wedding rings. So, who really gets to keep the engagement ring and wedding rings now?

WILL I BE REQUIRED TO RETURN MY ENGAGEMENT AND WEDDING RING?

In Michigan, you must return an engagement ring if you did not get married. Why? Because the engagement ring was as gift conditioned on the marriage taking place. So, if there was no marriage, the ring must be returned.

If the marriage took place, the engagement ring and wedding ring are considered gifts, and they do not need to be returned even though you are now getting a divorce.

It does not matter who was at fault for the marriage ending. The engagement ring is a conditional gift, conditioned on the marriage. If there was a marriage, then the condition was met, and you will not be required to return the engagement ring or wedding ring. These rings would not be divided during the divorce and would remain the property of the person who received them.

DOES IT MATTER HOW MUCH THE RINGS COST?

No. It also does not matter how much the engagement ring or wedding ring cost. The same rules apply. The rings remain the property of the person who received them.

WHAT IF WE FINANCED THE ENGAGEMENT RING OR WEDDING RING?

If the engagement ring and/or wedding ring was financed, and a balance remains on that loan, then the loan follows the jewelry. This means that if there is still money owed on either of the rings, and you want to retain them, then you will be responsible for the monies owed on the ring(s). Why? Because of equity and fairness. Of course, you and your spouse can voluntarily agree to any arrangement you wish regarding the debt. However, most judges would say that if you want to retain personal property that is financed, then you retain the responsibility of the loan.

PROTECT WHAT MATTERS

Schmitt Law, PLLC will work hard to negotiate a divorce settlement that equitably divides your assets, with particular attention to the property that means the most to you. We invite you to contact us today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

Child Custody – The Best Interest Factors

July 13, 2022 By Laurie Schmitt

Child custody and parenting time can be two of the most difficult issues to address for parents who are divorcing, or unmarried parents.

It’s important that parents understand that custody and parenting time decisions are determined by the judge. In making a ruling on custody and parenting time, the judge is concerned with what is in the best interest of the children, and will review the best interest factors.

The following are the best interest factors with sample questions under each factor. These questions will provide you with an idea of what the judge is reviewing under each factor.

1. The love, affection and other emotional ties existing between the parties involved and the child. (A)

To whom is the child more closely bonded?
When the child has a problem, to whom does the child speak?
When the child has a triumph, to whom does the child speak?
Who spends more hours per day with the child?
Who prepares the child’s meals?
Who has the ability to separate the child’s needs from their own and to empathize with the child?
To whom does the child openly show signs
How does the child relate to each parent?

2. The capacity and disposition of the parties involved to give the child love, affection and guidance and to continue the education and raising of the child in his or her religion or creed, if any. (B)

Who bathes and dresses the child?
Who stays home from work when the child is sick?
Who takes responsibility for involvement in academic affairs?
Who takes responsibility for involvement in extracurricular activities?
Who disciplines the child?
Who uses preferable discipline techniques?
Who has preference because of the other’s verbal abuse, substance abuse, or arrest record?
Who has preference because of the ability to provide the child access to an?
extended family?
Who has been most consistent in the guidance of the child as it relates to their education and faith?

3. The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs. (C)

Who buys the groceries, plans and cooks the meals?
Who makes purchases for the child?
Who attends to special needs of the child?
Who has greater earning capacity?Who adjusts working hours based on the needs of the child?
Who has certainty of future income?
Who has the ability to provide insurance for the child?
Who attends classes for professional involvement?
Who has requisite knowledge to meet the needs of the child?
Who has kept up vaccinations and daily hygiene?
Who schedules and takes the child to medical appointments?
Who schedules and takes the child to dental appointments?
Who arranges for and supervises child care?

4. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity. (D)

Who has provided the greatest sense of stability of residence for the child?
Who is more likely to provide stability in the future?
Who can provide a safe environment?
Who can provide continuity of the child’s overall custodial environment?

5. The permanence, as a family unit, of the existing or proposed custodial home or homes. (E)

In whose custody will the family unit not be split?

6. The moral fitness of the parties involved. (F)

Here, the focus is not to punish a parent. Rather, it is on the effect the parties’ behavior has had, or will continue to have on the child, and how the individual functions as a parent. For example:
Who has priority as a result of the other party having an extramarital affair known by the children?
Has either party engaged in any of the following conduct:
Verbal abuse
Drinking problem
Poor driving record
Physical or sexual abuse of the child
Other illegal or offensive behaviors.

7. The mental and physical health of the parties involved. (G)

Does either party have a physical or mental health problem that significantly interferes with the ability to safeguard the child’s health and well-being?
Age of contestant compared to age of the child—would energies of the child overwhelm the contestant?

8. The home, school, and community record of the child. (H)

Who can provide leadership to attend school?
Who can provide leadership in extracurricular activity participation?
Who is actively involved in school conferences, transportation, and attendance at school events?
Who can more adequately assist reducing the necessity for other agency involvement (the juvenile court, the DHS), or if another agency is involved, who can cooperate more fully?
Who can more adequately assure the child’s access to friends and peers useful for the child’s development?
Who can more adequately plan and supervise the child’s undertaking of home responsibilities that are appropriate to the child’s age and circumstances?
Who takes responsibility for completion of school assignments?

9. The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference. (I)

This is relevant only if the child appears mature enough and capable of expressing with whom they prefer living, absent the product of manipulation or coercion.

10. The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents. (J)

Who can best cooperate with an appropriate parenting time schedule by the other party? Who is least likely to disparage the other parent in the presence of the child based upon past performance?
Has either party actively sought to alienate the child from the other parent?

11. Domestic violence, regardless of whether the violence was directed against or witnessed by the child. (K)

Have there been incidents of violence in the home by any party against any party? If so, has there been a police report, arrest or conviction? Has there been a pattern of violence whether reported or not reported?

12. Any other factor considered by the court to be relevant to a particular child (L)

Who can most likely address the special needs of the child?
Has either parent threatened to kidnap the child?
Does either parent spend excessive time traveling for the child?
Does either parent have a record of failure to exercise parenting time, failure to notify, or failure to return the child?
Who has responsibility for the actual and proposed child care arrangements?

CUSTODY ATTORNEY

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.

What You Should Expect From Your Attorney

July 5, 2022 By Laurie Schmitt

You find yourself in a position that requires services of an attorney. You have never retained an attorney before now, and do not know what to expect after you have done so.

The following are quick guidelines of what you should expect once you have retained an attorney.

COMMITMENT TO YOUR CASE

That the attorney meets the deadlines set in your case, and does so on time
That the attorney is present and on time for your court hearings (whether these hearings are in-person or via Zoom
That the attorney is prepared for your hearings
That the attorney has prepared you for what may take place at your hearings
That the attorney has integrity and candor when addressing the court

COMMUNICATION

That the attorney responds to you within a reasonable amount of time
That you are allowed to talk directly to the attorney and not always their staff
That the attorney conveys and explains all offers to you that they receive
That the attorney informs you of the most effective way to communicate with them (email, text, or telephone)
That the attorney keeps you informed by providing you with status updates of your case

HONESTY

That the attorney explains your rights as the Michigan law provides
That the attorney explains your risks at trial as it pertains to the specific facts of your case
That the attorney answers your questions with the truth, and not just with what you want to hear
That the attorney is willing to discuss the cost of each course of action that may be available to you
That the attorney is willing to address the “tough questions” you present to them

FAIR AND TIMELY BILLING

That the attorney provides you with monthly invoices
That their invoices clearly explain the legal service provided
That their invoices show the time spent on each legal service provided
That the attorney is willing to answer any questions regarding their invoices
That their invoices clearly show you what you have paid to date, and your remaining trust balance (or what you currenly owe)

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

If you find yourself in a family law case, contact the Michigan family law attorney at Schmitt Law, PLLC. We have extensive experience handling all types of Michigan family law cases including divorce, paternity, child custody, spousal support, 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.

Removal From The Law Enforcement Information Network (LEIN)

June 29, 2022 By Laurie Schmitt

Have you been placed in the Law Enforcement Information Network (“LEIN”) because of an involuntary hospitalization order under MCL 330.1464a.? Do you seek removal from LEIN?

Most people who are involuntarily hospitalized are unaware that their name has automatically been placed in LEIN. Many people do not discover that they have been placed in LEIN until a background check is required for employment, or other various reasons that require a background check.

WHAT IS LEIN?

The Michigan State Police website provides that LEIN is an information network designed “to assist the criminal justice community in the performance of its duties by providing and maintaining a computerized filing system of accurate and timely documented criminal justice information readily available to all criminal justice agencies.”

WHY WERE YOU PLACED IN LEIN?

The mental health code requires placement into LEIN if you have been involuntarily hospitalized. The relevant section of the mental health code is MCL 330.1464a. MCL 330.1464a provides in subsection (1):

(1) Upon entry of a court order directing that an individual be involuntarily hospitalized under this chapter or that an individual involuntarily undergo a program of alternative treatment or a program of combined hospitalization and alternative treatment under this chapter, the court shall immediately order the department of state police to enter the court order into the law enforcement information network. The department of state police shall remove the court order from the law enforcement information network only upon receipt of a subsequent court order for that removal.

HOW CAN I BE REMOVED FROM LEIN?

Removal from LEIN requires an order signed by a probate judge authorizing the State Police to remove your name from LEIN. Once the order has been signed by the judge, it is forwarded to the State Police and your name is removed from LEIN.

CRITERIA

The criteria for a judge to consider removing you from LEIN is that:

You are no longer an individual that falls within the category of requiring involuntary treatment.
You are treating your mental health issue (if necessary).
A mental health professional evaluates you and will write a letter stating you are not a danger to yourself or others, and that it is not against public safety matter for your removal from LEIN.

IF I REQUEST REMOVAL FROM A JUDGE, AM I GUARANTEED REMOVAL?

No. These cases are difficult, but not impossible to win. However, you will suffer no negative consequences if you request removal from a judge and your request is denied. If your request is denied, your name would simply remain in LEIN.

AN ATTORNEY WHO UNDERSTANDS YOUR CIRCUMSTANCES

If you have been placed in the law enforcement information network due to an involuntary hospitalization and seek removal, call Schmitt Law, PLLC. At Schmitt Law, PLLC, our clients benefit from years of experience. We treat every client as an individual, taking the time to review your specific facts as to why you were placed in LEIN, and best advise you on the steps you should take.

Contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

What is a Mutual Restraining Order in a Divorce?

June 27, 2022 By Laurie Schmitt

If you intend to file for a divorce, and have any type of assets, it is wise to discuss with your attorney how you will protect those assets while the divorce is ongoing.

WHAT IS 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. In order to protect client’s interests, Schmitt Law, PLLC will seek a mutual restraining order from the court at the onset of the divorce.

WHAT DOES A MUTUAL RESTRAINING ORDER PROTECT?

A mutual restraining order will protect anything you require it to protect, and can be drafted to meet the specific needs of the parties. The following are common examples of what a mutual restraining order may protect while the divorce is pending:

Assets and Liabilities: Neither party may conceal, sell, assign, destroy, transfer, mortgage, or otherwise dispose of or encumber any of either party’s assets (real or personal, tangible or intangible).

Insurance and Beneficiary Designations: Neither party may cancel, borrow against or invade the cash surrender value, encumber, change the beneficiary designation, prepay insurance premiums outside of the ordinary course, or take any action which would change the status of any policy or plan of life, accident, disability, homeowners, vehicle, or liability insurance or any other insurance policy or plan of any kind or description involving the parties.

Health Insurance: Neither party may cancel, or otherwise change the status of any policy or plan of health insurance, or change coverage or deductibles, covering either party.

Pensions/Retirements: Neither party shall redeem, withdraw funds, encumber, borrow against, change the beneficiary or in any way alter the present status or contributions regarding any pension, retirement, profit sharing, bonus, savings or stock purchase plan or deferred compensation program, of either party.

Credit Card and Equity/Credit Lines: Neither party may cancel credit cards or reduce or increase credit card limits, or obtain new credit cards, or reduce or increase an equity line or line of credit or incur additional debt during this proceeding, except use of credit cards in the ordinary course.

Mail: Neither party may destroy, hide, or divert U.S. Mail or electronic mail directed to either party.

Contracts: Neither party may sign any contract for the purchase of any real or personal property, purchase any annuity or other investment, or incur any debt outside the ordinary course of routine and usual practice of the parties; sign or endorse the other party’s name on any check or draft, tax refund or tax return.

WHAT TRANSACTIONS WOULD BE PERMITTED WHILE THE MUTUAL RESTRAINING ORDER IS IN EFFECT?

If a mutual restraining order is entered by the court, it does not preclude payment of bills, nor deposits and withdrawals in checking and savings accounts necessary for the welfare of the household, or other payments to preserve the financial status quo and the property of the parties.

WOULD THE HOUSEHOLD BILLS BE PAID WHILE THE MUTUAL RESTRAINING ORDER IS IN EFFECT?

Both parties would be required to make reasonable and necessary payments to all marital creditors and continue payment of household expenses and utilities and marital liabilities.

WHAT IF WE OWN A BUSINESS?

A mutual restraining order does not preclude either party from operating a business in which they have an interest, or engaging in routine, customary and necessary transactions, practices, and payments associated with the business.

WHAT HAPPENS IF EITHER PARTY VIOLATES THE MUTUAL RESTRAINING ORDER?

The party that violates a mutual restraining order would be held in contempt of court and be subject to imposition of costs, fines, and sanctions; an award of attorney fees; and other remedies allowed by law.

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

Laurie Schmitt

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