Laurie Schmitt

What Does “Uncontested Divorce” Mean?

May 16, 2022 By Laurie Schmitt

You and your spouse have agreed to file for a divorce. You both agree that you do not want to have a war in the court – that you want to end the marriage in peace. You both may have heard the term “uncontested divorce” but are unsure what that means, or if it is right for you.

So, what is an “uncontested divorce”?

An uncontested divorce is one in which the parties have resolved all of the issues, and there is no need for court intervention. This means that you and your spouse have agreed to all terms that will be contained in your Judgment of Divorce.

What terms do we need to agree to?

Parties must agree on how to divide all of the assets, debts, and retirement accounts. They must agree as to who will retain the house, and how much the other spouse will receive for their share of the equity. If the parties agree that the house is to be sold, they must agree on a realtor, sale date, list price, and how the proceeds from the sale of the home will be divided. Parties must also agree as to division of their personal property, to include all motorized vehicles, boats, campers, and pets. Parties must also have an agreement as to spousal support – will it be paid, amount, and duration. If there are children of the marriage, the parties must agree on custody, parenting time, holiday parenting time, child support, where the children will attend school, and any other issues specific to their children.

Is an uncontested divorce a bad idea for some people?

An “uncontested divorce” would not be an appropriate process for parties who believe their spouse is hiding assets or income, for parties who are unwilling to voluntarily disclose assets or income, or for parties who cannot agree on how to resolve all of the issues in their case. An uncontested divorce would be a poor choice for these cases.

Contact an Experienced Divorce Attorney in Grand Rapids, MI

An uncontested divorce can save you and your spouse a significant amount of time, money, and stress. If you would like to learn more about the uncontested divorce process, and whether an uncontested divorce is right for you, contact Schmitt Law, PLLC. I will meet with you to discuss how you can complete your divorce without the “war”. Please contact Laurie at Schmitt Law, PLLC online or by calling (616) 608-4634 for a consultation today.

Financial Recovery After A Divorce – How Do I Start Over Again?

May 13, 2022 By Laurie Schmitt

After a long-term marriage, many people find themselves in the midst of a divorce. Their immediate concern is how will this divorce impact them financially — how will they financially start over again. Perhaps they are wondering how they will support themselves post-divorce, or how they will recoup their losses after the division of retirement accounts and other assets.

Clients come into the initial interview completely overwhelmed and expect to find all of the answers. When working with clients who are dissolving a long-term marriage, it is important to take it one step at a time, and work together to resolve their concerns.

Clients who have been in a long-term marriage may not have been the major breadwinner, or may have never worked, and now have a limited earning ability. Many times, there is one spouse who is predominant in handling the finances, leaving the other spouse “in the dark”.

In these cases, we must carefully review the assets of the parties. The first step is to put together a list of the assets, and their respective values. If a client is unaware of the assets, or their respective values, we can work together to obtain the missing information so that we have a snapshot of the assets and their respective values.

It is important in a long-term marriage to determine if spousal support is appropriate, and to calculate what the amount and duration may be. A review of retirement accounts and/or pensions must be made. Parties often overlook the smaller assets such as equity in vehicles, boats, campers, snowmobiles, and other recreational vehicles, as well as valuing any silver, gold, and other coin or stamp collections.

It is also suggested that parties counsel with an expert such as a financial advisor or accountant who can determine their financial objectives, earnings, and expenditures and help them to design an appropriate financial plan post-divorce.

After review of the assets, debts, and potential spousal support award, clients can better understand what their potential financial outcome will be post-divorce, allowing them to make decisions moving forward.

CONTACT AN EXPERIENCED DIVORCE ATTORNEY IN GRAND RAPIDS, MI

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

What Is a Legal Services Retainer Agreement?

May 11, 2022 By Laurie Schmitt

When you hire an attorney, you need to clearly understand what services you will be contracting for, and what your responsibilities will be in the relationship. A legal services retainer agreement does just that, it defines the roles and responsibilities of each party.

More specifically, a legal services retainer agreement is an agreement between an attorney and a client in which the attorney agrees to represent the client in a specific matter, for a specific hourly or flat rate amount. A legal services retainer agreement outlines the formal legal framework to which clients and attorneys are bound, and often involves principles, professional rules, and obligations.

At Schmitt Law, PLLC, our legal services retainer agreement defines the following:

Identification of the parties.
The specific legal service to be provided.
What legal services may be excluded?
The client’s rights and responsibilities.
The attorney’s duties.
That the attorney cannot be asked to engage in illegal, unethical, or fraudulent conduct.
The hourly rate the attorney will be compensated for services rendered.
The initial deposit amount required from the client (referred to as “retainer”).
The billing cycle and when payment of fees due from the client.
The minimum billable time.
What tasks that the attorney performs that will be charged to the client?
What costs the client will be responsible to pay?
If travel time will be charged to the client.
That the attorney does not make representations to the client about the specific outcome of their case.
How long will the attorney retain my file after the case is closed?
What happens if the client wants a copy of their file after the case is closed?
What is required if the client or attorney wants to terminate representation?

The benefits of having a clear and concise legal services retainer agreement are that it provides security and confidence to both parties. Having a detailed legal services retainer agreement takes the guesswork out of the parties’ expectations and obligations and protects the parties financially and legally.

CONTACT AN EXPERIENCED DIVORCE ATTORNEY IN GRAND RAPIDS, MI

If you would like to learn more about divorce actions, contact Schmitt Law, PLLC. We will meet with you to discuss your divorce and its potential impact on your family, finances, and future. Please reach out to our office for knowledgeable advice regarding your concerns about divorce, custody, parenting time, child support, and spousal support. Contact Schmitt Law, PLLC online or by calling (616) 608-4634 for a consultation today.

Stopping A Divorce Action In Michigan

May 9, 2022 By Laurie Schmitt

If I file a complaint for divorce in the State of Michigan, can I change my mind afterwards? Does the case move forward even though I no longer want to pursue a divorce?

In Michigan, if the Judgment of Divorce has been signed and entered by the court, the divorce has been finalized and the parties cannot “reverse” the divorce. The only option would be for the parties to remarry.

If the divorce action hasn’t been completed, the divorce can be dismissed. If your spouse has not filed an answer to the complaint for divorce, you may motion the court to dismiss the case.

If your spouse has filed an answer to the complaint for divorce and counterclaim for divorce, then both parties need to agree to dismiss the divorce. This is a very easy process as it only requires a stipulated order to dismiss to be entered with the court. You would draft the stipulated order to dismiss the action, both of you would sign it, and then present the stipulated order to dismiss to the judge for their signature.

A stipulated order to dismiss is required because it shows the court that both parties agree to dismiss the divorce action. Once an answer to the complaint for divorce and counterclaim for divorce has been filed, both parties have asked the court for relief, and the divorce action cannot be dismissed without the other party’s consent.

Once the judge signs the stipulated order to dismiss the action, the case is closed with the court. Parties wishing to dismiss the divorce action should understand that once the judge signs an order dismissing the divorce action, the case is closed with the court. If in the future either party wishes to seek a divorce, they would be required to file a new action and pay a new filing fee.

It is important to note that the responding party in a divorce action cannot request to have the divorce action dismissed, as it requires the filing party to agree to the dismissal. If you file for a divorce, and your spouse wishes to have the divorce action dismissed, they cannot unilaterally have the case dismissed with the court unless you provide your consent to the court.

To summarize, a divorce action can be easily dismissed if both parties consent. But it cannot be dismissed by the responding party without the consent of the filing party.

Experienced Divorce Attorney

We understand that filing for divorce can be an emotional and confusing experience. That is why we are committed to providing personalized service to each client we represent and will be with you through this difficult journey. We are prepared to guide you in all aspects of your case.

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 Does A 50/50 Parenting Time Schedule Look Like?

May 5, 2022 By Laurie Schmitt

More and more judges are awarding “50/50” parenting time in divorce and custody cases. So, what does a 50/50 parenting times schedule look like?

There are three major “50/50” parenting time schedules. The following are examples of how the month would be divided between the parties:

1. WEEK ON WEEK OFF

In a week on/week off parenting time schedule, the parties exchange the child(ren) one time per week. This can be on any day the parties agree to. But often the exchange day will be before the weekend starts such as Friday, or after the weekend ends such as Sunday. This schedule stays consistent throughout the year.

2. TWO-TWO-THREE

In a 2/2/3 parenting time schedule, the parties follow a rotation as shown in this calendar:

3. TWO-TWO-FIVE

In a 2/2/5 parenting time schedule, the parties follow a rotation as shown in this calendar:

WHAT IS THE DIFFERENCE BETWEEN THE TWO-TWO-THREE AND THE TWO-TWO-FIVE PARENTING TIME SCHEDULE?

The difference between a 2/2/3 and a 2/2/5 parenting time schedule is that in a 2/2/3 schedule the parties rotate the Monday/Tuesday and Wednesday/Thursday parenting time. In a 2/2/5 schedule one party will always exercise parenting time on Monday and Tuesday, with the other party always exercising parenting time on Wednesday and Thursday. The parties would then rotate Friday, Saturday, and Sunday.

WHAT 50/50 SCHEDULE IS BEST – THE PROS AND CONS?

WEEK ON/WEEK OFF SCHEDULE:

Pros: This schedule works best for older children, as it can be difficult for younger children to go seven days between visits. This schedule provides the best consistency for the children and the parties. Additionally, this schedule also reduces the number of exchanges per month between the parties, making this ideal for high conflict cases.

Cons: Not ideal for very young children, as children go seven days between visits with the other parent.

TWO-TWO-THREE SCHEDULE:

Pros: This schedule works best for younger children, as it reduces the length of time between visits (only go three days between visits with each parent). Younger children require consistent visits with each parent, not necessarily longer visits with each parent.

Cons: Because this schedule requires the parties to continually rotate Monday/Tuesday and Wednesday/Thursday between the parties throughout the month, it can provide less stability for the children and can be confusing for the parties. This schedule also drastically increases the number of exchanges per month that must take place between the parties, making it difficult for high conflict cases.

TWO-TWO-FIVE SCHEDULE:

Pros: This schedule can work just as well as the 2/2/5 for younger children (if five days between visits is not an issue with the parents and children). It provides more consistency for both the children and the parents than the two-two-three schedule, as the same parent will always exercise parenting time on Monday/Tuesday or Wednesday/Thursday throughout the month. It can make long-term planning much easier for the parents.

Cons: This schedule drastically increases the number of exchanges per month that must take place between the parties, making it difficult for high conflict cases.

CONTACT SCHMITT LAW, PPLC FOR LEGAL ADVICE ON CUSTODY

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

Co-Parenting Mistakes To Avoid

May 2, 2022 By Laurie Schmitt

It may not be easy to maintain a working relationship with your ex. However, the well-being of your children depends on it. The following are commonsense tips for co-parenting with your ex.

USING THE CHILDREN AS MESSENGERS: Your communication with your ex should be directly to your ex, not through the children. When you use your children as messengers, you put them in the middle of your adult war. Parents should never involve their children in adult matters and discussions. Let your children be children and let them love you both.

REFUSING TO RESPOND: Communication is key to a successful co-parenting relationship.

If your ex-contacts you regarding a legitimate co-parenting concern, respond within a timely manner. If you want to maintain joint legal custody, you need to be an effective parent. You need to work with your ex and respond appropriately. Your failure to respond can be read as your disinterest in what happens with the children. Your unwillingness to work with your ex can be used against you, and the joint legal status can be reviewed. Use your joint legal status wisely or lose it!

REFUSING TO MAKE DECISIONS WITH YOUR EX: Part of co-parenting means assisting in important decisions. Your ex-contacts you regarding a co-parenting decision. You do respond but refuse to commit. A non-committal response is nothing more than failing to respond disguised as cooperation. Once again, if you want to maintain joint legal custody, then participate.

FAILING TO TAKE THE CHILDREN TO EXTRA-CURRICULAR EVENTS ON YOUR PARENTING TIME: If the children have routinely participated in extracurricular events, both parents should honor the children’s involvement in these events. This means that when they are with you, take them to their games and practices. Failure to allow your children to attend extra-curricular events only leads to disappointed children.

FAILING TO FOLLOW THE PARENTING TIME ORDER: Your parenting time order defines the terms of your parenting time. Follow it or suffer the consequences of the court!

BEING CONSISTENTLY LATE FOR EXCHANGE OF THE CHILDREN: Your parenting time order clearly defines what time you are to be at the exchange of the children. Prioritize your children and be at exchanges, on time!

FIGHTING AT EXCHANGES OF THE CHILDREN: What needs to be said about bad behavior at exchanges of your children? Fighting, screaming, yelling, swearing, and physical altercations have no place during exchanges. Your children are witnesses and innocent victims to your inappropriate behavior. They learn from your actions. Be adults, exchange the children, and be on your way.

In summary, if you place the needs of your children first, it’s not hard to make good decisions for the benefit of your children. If you share joint legal custody, you have equal rights in making major decisions for your children. If you want to maintain joint legal custody, put aside your frustration and anger with your ex, and participate in the decision-making process.

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.

How To Prepare For a Divorce Mediation

April 29, 2022 By Laurie Schmitt

Ending a marriage can be incredibly difficult. Unfortunately, many people believe that litigation is the only way to end their marriage. However, there is an alternative to resolve the outstanding issues and complete your divorce and that is through Mediation.

WHAT IS MEDIATION?

In Mediation, the parties and their attorneys meet with a neutral third party who will assist you in coming to an agreement that is fair and equitable.

WHY DO I WANT TO PARTICIPATE IN MEDIATION?

Mediation offers a less stressful option for couples in that the mediation process offers the couple the ability to maintain total control over the outcome of their case. Additionally, Mediation can save you both time and money verses litigating your case.

WHAT DO I NEED TO DO BEFORE MEDIATION?

Before you attend Mediation, it is important for you and your attorney to prepare. It is also imperative that both you and your attorney have a shared understanding of what your desired outcome is at mediation. At Schmitt Law, PLLC, we sit down with our clients prior to mediation and discuss our strategy. This allows us to be “on the same page” with the client when we attend Mediation.

In order to have a successful mediation, the following information must be compiled prior to attending a divorce Mediation:

Statements for all of your bank accounts.
A list of your vehicles, with a Kelly Blue Book value on each vehicle.
A list of your recreational vehicles (boats, campers, snowmobiles, etc.), with values for each.
Copies of all appraisals for each real property. If you have not had your real property appraised, have it appraised prior to mediation.
Statements for life insurance policies, and their cash value.Statements for each of your retirement accounts (401k’s, IRA’s, 403B’s, pensions, profit sharing, etc.).
Statements for each of your investments (stocks, bonds, mutual funds, etc.).
Statements for all of your credit cards, and documents for all other indebtedness.

If you have children under 18:

Verification of yearly daycare costs.
Cost of employer provided health insurance with breakdown for costs for self and cost for self with family.
Tuition statements.
Prior to mediation discuss with your attorney
- What type of legal custody you are seeking.
- What type of physical custody you are seeking.
- What parenting time schedule you are seeking.
- What holiday schedule you are seeking.
- What type of telephone contact you are seeking.
- Who will provide transportation for pick up and return of the children.
- Who will claim the child as a dependent under City, State and Federal Taxes.

Make sure to provide copies of the documents to your attorney, to ensure they have them available at mediation. The preparation you and your attorney do now will hopefully result in a fair and equitable agreement at mediation (and completion of your divorce).

Experienced Divorce Attorney

We understand that filing for divorce can be an emotional and confusing experience. That is why we are committed to providing personalized service to each client we represent, and will be with you through this difficult journey. We are prepared to guide you in all aspects of your case.

To discuss your circumstances and legal options, contact Schmitt Law, PLLC online or call (616) 608-4634 to schedule a consultation.

How To Serve Divorce Papers

April 25, 2022 By Laurie Schmitt

There are several ways to serve your spouse with divorce papers in the State of Michigan. The following are the forms of service available in which you may serve divorce papers, along with the pros and cons of each.

By a Process Server

The first way to serve your spouse with divorce papers is by hiring a process server. This is a very common way in which attorneys have your spouse served with divorce papers.

Once the process server has completed service, they will file an affidavit of service showing the court the manner, location, date, and time your spouse was served. After your spouse has been served by a process server, they will have 21 days to file a response to the complaint for divorce.

Pro: That service will be handled properly.

Con: There is a fee associated with hiring a private process server to serve divorce papers.

By Mail

The second way to have your spouse served with divorce papers is by mail. They must be mailed registered or certified/return receipt requested, with delivery restricted to the addressee.

Service is made when your spouse acknowledges receipt of the mail. A copy of the return receipt signed by your spouse must be attached to proof showing service and filed with the court.

After your spouse has been served via mail, they will have 28 days to file a response to the complaint for divorce.

Pro: It is easy and cost effective.

Con: The post office can fail to return the return receipt to you. Or the post office allows someone other than your spouse to sign for the restricted delivery mail. If someone other than your spouse signs for the restricted delivery mail, it will not be considered proper service.

By a Third Party

The third way to have your spouse served with divorce papers is through a third party. It may be any legally competent adult who is not a party to the action. This means you are not allowed to serve your spouse personally. But you may have a friend or family member do so, as long as they are 18 years of age or older.

After your spouse has been served by a third party, your spouse will have 21 days to file a response to the complaint for divorce.

Pro: It is free.

Con: As this is typically a friend or family member, they may not be familiar with the rule that once they have served your spouse, they now must complete an affidavit of service. This affidavit of service must be filed with the court.

By a Sheriff or Police Officer

The fourth way to have your spouse served with divorce papers is by a sheriff or police officer. In some counties, the sheriff or police department handle service of divorce papers. Contact your local sheriff or police department to see if they assist in process of service, as it can vary from county to county.

Pro: That service will be handled properly.

Con: There is a fee associated with hiring a sheriff or police officer to serve divorce papers.

Considering Divorce? Learn your options with Schmitt Law, PLLC

Contemplating a divorce can be one of the hardest decisions to make in life. There are many complexities involving the divorce process, making it overwhelming for most. However, know that you are not alone, and help is available. At Schmitt Law, PLLC we are here to answer your questions, ease your concerns, and protect your rights.

To book a consultation, contact Schmitt Law, PLLC online or by calling (616) 608-4634.

Laurie Schmitt

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