Laurie Schmitt

The Divorce Guide

June 6, 2022 By Laurie Schmitt

YOUR CHOICES FOR DISSOLVING YOUR MARRIAGE IN THE STATE OF MICHIGAN

DIVORCE

In the State of Michigan, all divorces in Michigan are no fault. This means you need only state in your complaint for divorce and testify at the final hearing 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” and your divorce will be granted.

SEPARATE MAINTENANCE

In the State of Michigan, you may file to obtain a legal separation. This process is called “separate maintenance”. 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. 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). 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.

ANNULMENT

Annulments declare that the marriage is void and therefore never legally existed. It is rare for a court to grant an annulment, as grounds must be proven. Based on the difficulty of proving these grounds, a party should consider filing a divorce action.

GROUNDS FOR AN ANNULMENT IN MICHIGAN

In Michigan, the grounds for an annulment are incapacity due to age, bigamy, incapacity due to mental or physical condition, duress, fraud, kinship, and improper ceremony. Most of the grounds for annulment in the State of Michigan are difficult to prove, and few annulments are granted for that reason.

To receive an annulment in the State of Michigan, you will need to prove one of the grounds for your request for an annulment. Then the court must decide if you have met your burden of proof, and will grant or deny your annulment.

The grounds for annulment in the State of Michigan are expanded below. You would be required to show one of the following when seeking an annulment:

INCAPACITY DUE TO AGE: In Michigan, persons under the age of 16 are not allowed to legally marry unless they obtain a court order. If one of the parties are under 18, they must have consent of their parents or guardians to legally marry.

BIGAMY: Bigamy takes place when one spouse was already married to another person at the time of the subsequent marriage. This type of marriage is completely void.

INCAPACITY DUE TO MENTAL CONDITION: One party was legally incapable of entering into a contract when they married. Incapacity can include physical incapacity and mental incapacity. If one spouse was mentally incapable of entering into marriage, another person may file the annulment case on behalf of the incapable person. However, if either spouse who was incapable at the time of marriage later becomes capable and the couple continues to live together, then the marriage will become valid.

INCAPACITY DUE TO PHYSICAL CONDITION: If one spouse suffered from a physical incapacity, defect or infirmity at the time of the marriage, the marriage may be annulled if a case is brought to court within two years of the marriage date.

CONSENT OBTAINED UNDER DURESS: One of the parties was forced into the marriage when they married.

CONSENT OBTAINED BY FRAUD: One of the parties knowingly failed to disclose that they could not have children, concealed a criminal record of a crime of moral turpitude, entered into the marriage with the intent to commit immigration fraud, or failed to understand they were actually marrying at the time of the marriage.

KINSHIP: A marriage is invalid if it’s between a man and woman who are related closer than first cousins, including step family relations (blood or affinity).

IMPROPER CEREMONY: The person who performed the ceremony did not have the legal authority to perform marriages.

OTHER REASONS: The ability of a party to freely consent to the marriage, foreign law violations, and other reasons that have to do with the validity of the marriage.

EFFECT OF ANNULMENT: When a judge orders a marriage annulled, the effect is that the marriage never existed and that the couple was never married. This is different from divorce, where a marriage exists but is then ended by a court order.

THE DIVORCE PROCESS

THE PROCESS – IN A NUT SHELL

The Complaint for Divorce is filed.
The Defendant is served with the Complaint for Divorce.
Defendant must be served within 90 days from the date the Clerk of the Court issues the Summons: service may be accomplished either through a private process server, any third party over the age of 18, or via U. S. Mail (certified/return receipt – restricted delivery).
After the Defendant has been served, he or she will have 21 or 28 days to file an Answer (21 days if personally served and 28 days if served through U.S. mail)
If the Defendant files an Answer – then the case will be set for a scheduling conference and settlement conference. If the case does not settle at or before the settlement conference, a trial will be set.

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

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.

TEMPORARY ORDERS

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

• Temporary custody and parenting time order: Until there is a temporary order on custody and parenting time, both parties have equal rights to the children. It is important in the early stage of the divorce to establish custody and a specific parenting time schedule. Temporary orders on custody and parenting time will avoid the inevitable war of fighting over the children.

• Temporary order for child support: A temporary order on child support may be needed if the parties no longer reside in the same household.

• Temporary order on household expenses and debt: Whether the parties are living in the same household or not, they must address how the household expenses and marital debt will be paid. Judges do not want to see assets be dissipated because of lack of payment (such as mortgages and car payments). And, debt must be paid, and paid on time, to preserve credit scores.

• 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.

DISCOVERY PROCESS

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 may 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 paystubs 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 postnuptial 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

FORMS OF ALTERNATE DISPUTE RESOLUTION

MEDIATION

Mediation is an alternate dispute resolution process wherein a neutral third party assists the parties in reaching a binding agreement. In the Mediation process, the parties maintain total control of the outcome. Mediation is confidential, cost effective, and the written agreements are legally binding. No decision is handed down from judge, allowing the parties to be creative with the terms of their agreement. Since the parties created their agreement, they are more likely to abide by the terms of the agreement.

COLLABORATIVE

The parties resolve their issues in a respectful manner, using a team approach. The team assists the parties in crafting solutions in the best interest of each party, without involving the judge to make their final decisions. The collaborative divorce process is confidential, and the parties maintain total control of the outcome. The collaborative process is cost effective, as it can be much less expensive than arbitration or litigation.

ARBITRATION

This alternate dispute resolution process is where a third party reviews the case, case law, and information provided and makes a final, binding decision. This process brings the case to a close, and eliminates direct confrontation/conflict with the other party. When a case is sent to arbitration, the parties are bound by the arbitrator’s decision. The parties may not like the arbitrator’s decision and will have little or no recourse but to accept decision. Therefore, the parties have no control of the outcome.

IF PARTIES ARE UNABLE TO REACH A SETTLEMENT THE CASE PROCEEDS TO TRIAL

When you are unable to resolve your issues through mediation, 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

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.

JUDGMENT OF DIVORCE

A Judgment of Divorce is the legal document that finalizes the divorce process. It is the written court order that formally dissolves the marriage. The Judgment of Divorce contains the terms of the judge’s ruling after trial on all aspects of the divorce, or the specific terms of the of the parties’ agreement.

DISCLAIMER

Note, the contents provided is this Divorce Guide are for general information purposes only, and should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of Schmitt Law, PLLC. You should contact your attorney to obtain advice with respect to a particular issue or concern. Use of and access to this Divorce Guide does not create an attorney-client relationship between Schmitt Law, PLLC and the user or browser.

The Importance of Co-Parenting

June 6, 2022 By Laurie Schmitt

Anyone who has lived through a divorce can agree that going through the divorce process is no easy task, especially if there are children involved. However, parties need to be mindful that after their divorce, they need to be able to effectively co-parent their children.

The conclusion of the divorce may end the marriage of the parties, but it does not end the necessity to work together to raise their children. There will be many important decisions to be made regarding the children such as education, medical care, religious upbringing, and other matters. And, the parties must be able to communicate to make these decisions on behalf of their children.

In order to effectively co-parent, the parties must be able to let go of the past and focus their attention on the children – to make decisions in the best interest of the children. Your frustration and anger with your former spouse should never get in the way of making appropriate decisions for the children. You may want to take this moment to develop a new relationship with your former spouse – one in which the only focus is the children (not the failed marriage).

In order to move forward after the divorce, you will need to find a way to effectively communicate. How do you achieve that with someone you divorced? When speaking to your former spouse use some common-sense rules:

Be respectful – as one judge said to one of my clients “fake it until you can make it”. This rule certainly applies when you are communicating with your former spouse while in front of the children.
Be cooperative and be willing to compromise.
Never use the children to deliver messages to your former spouse. The children should never be involved with your communication, nor should they be used as the pony express.
Support the decisions that are made at your former spouse’s house. It’s true that each party is allowed to have their own lifestyle and rules in their own home. However, perhaps you can agree to have some consistent rules for the children in both of your homes.
Use a business tone in your communication with your former spouse. Don’t use communication about the children as a time to re-live your marriage and subsequent divorce. Post-divorce communication is about the children, and not to be used as marriage counseling or to play the blame game.
If you can’t be nice, then say nothing. Take a break and reply later.

To conclude, if you and your former spouse are unable to effectively communicate, and unable to make joint decisions on behalf of the children, then one party may petition the court for sole legal custody. And if that party is successful, the other party will have no decision-making rights for the children. Hence, it is imperative to put your differences aside, and learn to co-parent.

AGREEMENTS BASED ON FAIRNESS

When attorneys listen to their clients and work together to create a fair settlement, contested divorces can be effectively settled through negotiations and alternative dispute methods. When possible, Schmitt Law, PLLC focuses on resolving divorce and child custody matters through mediation or collaborative divorce methods. Resolving your divorce through mediation or the collaborative divorce allows you to have complete control over the outcome of your future.

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

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

Discovery: What Is It and What Will I Need To Provide To My Attorney

June 2, 2022 By Laurie Schmitt

WHAT WILL I NEED TO PROVIDE TO MY ATTORNEY?

The following is a checklist of documents you should compile for your attorney:

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

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 against taking on responsibility of debt that may not be marital. We will 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 and debt 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.

Top Divorce Risk Factors

May 27, 2022 By Laurie Schmitt

As a family law attorney, clients share their reasons why they are seeking a divorce. Many times, clients have stated there were signs during the marriage that they overlooked or ignored. And by not addressing the underlying issue, it consequently led to their divorce.

Often times, there are red flags in a marriage. These red flags do not necessarily mean your marriage must end. However, they may be warning signs that indicate you are at a considerably greater risk of a divorce. The following are the top divorce risk factors clients have shared with Schmitt Law, PLLC:

MONEY: You and your spouse do not agree on how to spend/save money. Parties need to share in financial goals and agree on major expenses.
AFFAIRS: Infidelity exists in the marriage whether it be emotional or physical affairs.
SEPARATE LIVES: You and your spouse live separate lives: you have separate friends, you maintain separate finances, you sleep in separate locations in the home, and take separate vacations.
GROWN APART: You and your spouse have little to nothing in common any longer. You and your spouse have no common interests, and/or do not share in your future dreams and goals.
LACK OF COMMITMENT: One party seems to do the “heavy lifting” to the keep the marriage afloat, while the other “coasts” through the relationship. Marriage takes teamwork and commitment.
EXCESSIVE FIGHTING: Most conversations with your spouse end up in raising of voices, all out fighting, name calling, and/or emotional abuse.
DOMESTIC VIOLENCE: Your marriage has been plagued with domestic violence that does not end, and the abuser refuses to seek help to resolve their anger issue.
VALUES: You and your spouse no longer share the same values.
COUNSELING: You and your spouse have attended marriage counseling, and it has not improved your marriage and homelife. Or one spouse has suggested counseling and the other spouse has dismissed the idea saying they do not need help.
POOR HOME ENVIRONMENT FOR THE CHILDREN: Through your behaviors, you and your spouse subject your children to an unhealthy living environment with constant fighting and other behaviors, exposing the children to an emotionally or physically unsafe living situation.
ALCOHOL OR DRUG USE: Your spouse has an issue with alcohol or drugs and refuses to seek help to resolve their issue.

LAURIE SCHMITT – MICHIGAN FAMILY LAW ATTORNEY

Laurie Schmitt is the founder of Schmitt Law, PLLC. Our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including divorce, custody, parenting time, child support, spousal support, and paternity disputes. 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 Is Required To File For a Michigan Divorce?

May 25, 2022 By Laurie Schmitt

PERSONAL INFORMATION REQUIRED TO FILE FOR A DIVORCE

The following is a list of personal information you will need to gather so that your attorney may complete your divorce documents.

WIFE

Full Name
Maiden Name
Address
Date of Birth
Place of Birth
Social Security Number
Number of this marriage

Date of Marriage
City, State and County of Marriage
Separated (yes/no)

HUSBAND

Full Name
Address
Date of Birth
Place of Birth
Social Security Number
Number of this marriage

IF THERE ARE MINOR CHILDREN OF THE MARRIAGE, YOU WILL NEED THE FOLLOWING ADDITIONAL INFORMATION:

For both parties:

Eye Color
Hair color
Height
Weight
Race
Driver’s license number
Name, address and telephone number of employer
Gross weekly income
DHS case number, if applicable

For the minor children:

Names, birth dates, and social security numbers of each child
Address(es) of where the children have lived in the last five years
Names and addresses of who the children have lived with for the last five years

WHAT DOCUMENTS MUST BE FILED?

Complaint for Divorce
Summons
Record of Divorce

IF THERE ARE MINOR CHILDREN OF THE MARRIAGE, YOU WILL NEED TO FILE THE FOLLOWING ADDITIONAL DOCUMENTS:

Verified Statement and Application for IV-D Services
Uniform Child Custody Act Affidavit

IF YOU HAVE PENDING OR RESOLVED FAMILY LAW CASES

If there are any pending or resolved family law cases involving you, your spouse, or your children, you will be required to complete a Confidential Case Inventory. This document requires you to list any known pending or resolved family law cases to include personal protection orders, divorce, custody, paternity, child support, juvenile delinquency, and child protective proceedings.

You will be required to list the county of the court, the case name, the case number, the name of the judge, whether the case is pending or resolved, and if there are any support/custody/parenting time orders in effect.

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.

Confidentiality Versus Privacy

May 23, 2022 By Laurie Schmitt

What is the difference between confidentiality verses privacy in an attorney-client relationship? Of course, both of these concepts are extremely important to all clients, but in different ways.

CONFIDENTIALITY – DEFINED

Confidentiality means all discussions/communications between the attorney and client remain “safe” (confidential).

PRIVACY – DEFINED

Privacy means that through the pendency of your case, we are able to communicate in a way in which the other party is unable to gain access to your communications.

DUTIES OF THE ATTORNEY

To protect the attorney-client confidentiality, the attorney is prohibited from violating the client’s confidentiality by sharing information with others. It requires the attorney keep the information their clients share with them private, and the attorney cannot be forced to testify against their clients.

DUTIES OF THE CLIENT

In order to ensure that the attorney-client confidentiality is protected, the client’s role is to be proactive in safeguarding these confidential communications between themselves and their attorney.

SAFEGUARDS TO PROTECTING ATTORNEY-CLIENT CONFIDENTIALITY EMAIL

You must establish a new email account, with a strong password. Be sure to select a password that you have never used before, to prevent your spouse from gaining access to your email account and reading your communication between your attorney.

CELL PHONE

The same privacy issue applies to your cell phone. You want to establish a new cell phone service separate from your spouse, using a two-factor authentication. This will prevent your spouse from invading your privacy and potentially compromising confidential attorney-client communication.

THIRD PARTY

Do not bring family and friends to meeting with your attorney. Sharing confidential information in meetings with your attorney in the presence of a third party will destroy attorney-client confidentiality. Your disclosure of sensitive information in front of a third party indicates you do not want to keep the information private. Therefore, attorney-client confidentiality would not apply to any conversation you have with your attorney in front of a third party.

DO EVERYTHING YOU CAN

Both privacy and confidentiality are significant issues in any family law case, and must be addressed. As a client, you want to do everything you can do to protect your confidential communications with your attorney. The steps outlined above may seem inconvenient. However, the short-term inconvenience will bring you peace of mind that your spouse is not gaining important strategic information about your case by reading all of your emails and texts to and from your attorney.

It’s simple. If you are involved in a family law case, take these simple steps to protect your privacy, and therefore keeping your attorney-client communications confidential.

LAURIE SCHMITT – MICHIGAN FAMILY LAW ATTORNEY

Laurie Schmitt is the founder of Schmitt Law, PLLC. Our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: divorce, custody, parenting time, child support, spousal support, and paternity disputes. 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.

Here Are Two Divorce Myths

May 20, 2022 By Laurie Schmitt

1. EVERY CASE GOES TO TRIAL

Most spouses want their divorce to be as quick and painless as possible. And, every judge wants your divorce case to settle without the necessity of a trial.

Settling your case without the need for litigation has many benefits. Coming to an agreement with your spouse will allow your divorce to conclude much quicker than waiting months for a trial date. The sooner you are able to close the door on your divorce, the sooner you can open the new door to your new life.

Another benefit of settling your divorce case is that it will save you from spending your money on attorney’s fees. The attorney’s fees associated with preparing and attending a trial can be quite costly.

Lastly, when you and your spouse craft your own agreement and agree on the terms of your divorce, you are much more likely to be satisfied, and less likely to have post-divorce litigation. You created your own agreement and are more likely to follow through with what you agreed to.

It’s not fun when a judge dictates your future. Take control of your own future, learn to make concessions, and settle your case under fair and equitable terms.

2. WOMEN ARE THE PREFERRED CUSTODIAL PARENT

It’s true that history shows that when there was a custody battle over the children, mothers were the preferred custodial parent, and primarily awarded custody of the children. There have been a lot of change in child custody arrangements. Parents are now asking for equal responsibility and to share custody of the children. If you are unable to come to an agreement with the other parent, then the judge will need to decide. In a custody battle Michigan court must evaluate the 12 best interest factors before making a decision on child custody and parenting time. The judge will review the following factors:

The love, affection and other emotional ties existing between the parties involved and the child.
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.
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.
The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
The permanence, as a family unit, of the existing or proposed custodial home or homes.
The moral fitness of the parties involved.
The mental and physical health of the parties involved.
The home, school, and community record of the child.
The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.
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.
Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
Any other factor considered by the court to be relevant to a particular child.

If your custody case must go to trial, it is not an automatic win for either parent. After careful review of the above factors, the judge will make a ruling on custody and parenting time.

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.

How Cooperation Can Help Resolve Financial Issues

May 18, 2022 By Laurie Schmitt

Filing for divorce is the easy part. Untangling the financial mess and reaching a final agreement on the financial aspects can be the difficult part. In Michigan, financial issues must be resolved before the divorce can be finalized. How do we get started?

KNOW YOUR FACTS

Before getting started, you will need to know how much you owe and to whom. Make a list of your creditors, with the respective balances. And, it’s wise for each party to request a copy of their credit report so that no debt is missed during the discussion of debt division.

Once you know who you owe and how much you owe, talk to each other to discuss how you will continue paying these debts during the pendency of the divorce. And also agree that no further unnecessary debt will be incurred while the divorce is pending.

HOW ARE WE GOING TO UNTANGLE OUR FINANCES?

If you and your spouse have savings, or will have equity from the sale of your marital home, consider using these assets to pay off or pay down your marital debt. This is the easiest way for both parties – you leave the marriage with the least amount of debt possible and each of you can start fresh.

The parties can also agree that one person will take more of the marital debt in exchange for:

Receiving more assets.
Paying less in spousal support.
If one person is retaining the marital home, paying less to the other party for their share of the equity in the marital home.

HOW CAN WE RESOLVE FINANCIAL ISSUES WITHOUT LITIGATION?

The parties can come to an agreement regarding their debt and assets, or the judge can be the final decider. Most parties want to maintain control of the outcome, as well as avoid costly and time-consuming litigation. So, how can we resolve financial issues without litigation?

MEDIATION

A neutral, third-party, trained family mediator can assist couples in creating their own agreement regarding debt and assets. Mediators remain neutral, and do not make decisions for the parties. They assist the parties in getting to a mutually agreeable resolution. Once the parties have come to an agreement, the mediator will draft a mediation agreement. The terms of that agreement are binding in court.

COLLABORATIVE PROCESS

In the collaborative divorce process, the parties resolve their issues in a respectful manner, using a team approach. The team assists the parties in crafting solutions in the best interest of each party, without involving the judge to make their final decisions. In the collaborative divorce process, the parties, their respective attorneys and a coach meet in a group setting. An agenda is set for each meeting, to assist the team to stay on track. These meetings are designed to encourage the sharing of ideas and settlement options. The goal is to reach an agreement on the financial aspects and obtain a binding written agreement.

To conclude, even tough it may be difficult to work with each other amidst the divorce, understand that you share a common goal. That goal is to leave the marriage with the least amount of debt owed as possible. With this is mind, it may be easier to remain cooperative and make smart financial decisions for the benefit of your post-divorce life.

EXPERIENCED DIVORCE ATTORNEY

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.