Laurie Schmitt

Paying For a Consultation

April 22, 2022 By Laurie Schmitt

Many people struggle with attorneys that charge for consultations, and only seek out attorneys who provide a free consultation. What the consumer should know that there can be significant differences between a free consultation and a paid consultation.

What are those differences? A free consultation may be shorter in duration, only providing very generic, broad stroked information, and failing to provide any legal advice specific to your case. In a consultation with Schmitt Law, PLLC, you will be given an hour of time, and will receive detailed legal advice specifically directed to your legal issues.

Why does Schmitt Law, PLLC have a fee for consultations? Schmitt Law, PLLC believes that if you are going to spend your valuable time interviewing with an attorney, you should receive specific legal advice about your case – legal advice tailored to you.

When you meet with Schmitt Law, PLLC, you will receive a one-hour consultation to include:

A review of the facts in your matter.
A review of your legal documents, orders, and/or agreements.
An explanation of the administrative court procedures in your case.
The legal issues defined.
An explanation of the potential outcomes in your case: what are you facing in your case.
An explanation of your legal options: we will discuss a strategy to help you get the results you are looking to obtain.
An estimate of the total costs of your case.
And most of all, we will talk about what matters most to you – what your greatest concerns are.

A consultation with Schmitt Law, PLLC will provide tremendous value to you in that you will understand the law as it pertains to your specific case. And, during this consultation we will craft a plan for you to move forward to achieve the results you seek.

CONTACT SCHMITT LAW, PLLC FOR GUIDANCE

Laws surrounding divorce can be complex. We invite you to call Schmitt Law, PLLC to learn more about your rights as it pertains to divorce. An attorney with experience in Michigan divorce laws can ensure your divorce does more than meet the letter of the law. With legal counsel, you will be better protected from agreeing to less than you are entitled to. From parenting time to spousal support, we at Schmitt Law, PLLC can advocate for a fair divorce so that you can start the next chapter of your life. Our goal is to assist you to emerge from your divorce in the best possible position. For skilled legal guidance, please call Schmitt Law, PLC at (616) 608-4634, or contact us online to arrange a consultation.

I Can Handle My Divorce Without An Attorney

April 18, 2022 By Laurie Schmitt

Many couples choose to separate and divorce amicably. And because you are getting along, you do not believe it is necessary to hire an attorney to handle your divorce. You and your spouse have come to agreements on the terms of your divorce, and do not see the value in hiring an attorney to complete your divorce.

Couples file the divorce on their own because they think it will be quick, easy, and save them money. However, there can be serious pitfalls in completing your divorce without the aid of an attorney. As a divorce is a life-changing event, it is important that you understand how the divorce process works, and your rights in regard to a divorce.

The following are just a few reasons why there is value in hiring an attorney for your divorce:

• Unfair terms: You may agree to less than what you are entitled to because you want to get the divorce completed fast, you do not want to fight, and you just want to end the marriage. What you must know is that many of the decisions you make now cannot be changed later. Once the Judgment of Divorce is entered, many of the provisions cannot be reviewed by the court post-divorce. In essence, you are stuck with your agreement. Whether the provisions reflected fairness and equity or not, you must now live with the terms of your Judgment of Divorce. The consequences of poorly written Judgments of Divorce can last a lifetime. And a lifetime is a long time to live with a poor outcome to your divorce.

• Financial assets: You may not have a complete understanding of what you are entitled to and agree to much less than what is equitable and fair. For instance, have you discussed the division of retirement accounts, assets, social security, pensions, airline miles, and credit card points?

• Debt: You may believe that if a debt is solely in your name, it is not joint debt. Or, you may not understand that if your name is on a debt that your spouse has agreed to be responsible for post-divorce, that you will no longer be held liable for it. Then the worst happens…your spouse stops paying for the debt and the creditor is now holding you responsible for the debt.

• Children: If you have children of the marriage, you want to make sure you are making future decisions in the best interest of the children. An experienced family law attorney understands the complexity of handling divorces with children (custody, parenting time, child support, extracurricular activities, school tuition, uninsured medical expenses, health insurance, etc.). An experienced family law attorney will ensure that decisions are made in the best interest of the children and for the benefit both parties.

Even though couples may file their divorce without attorneys, it may not be the best option for you. If you have children of the marriage, a high net worth, business(es), or complicated assets/debts issues, you should not attempt to handle your divorce without the support of legal counsel.

Experienced family law attorney

An attorney with experience in Michigan divorce laws can ensure your divorce does more than meet the letter of the law. With legal counsel, you will be better protected from agreeing to less than you are entitled to.

From parenting time to spousal support, we at Schmitt Law, PLLC can advocate for a fair divorce so that you can start the next chapter of your life. Our goal is to ensure assist you to emerge from your divorce in the best possible position.

To schedule a consultation or learn more about our services, contact Schmitt Law, PLLC online or call (616) 608-4634.

Truth Leads To Trust

April 15, 2022 By Laurie Schmitt

You want an attorney that will tell you the truth, no sugar coating. Telling clients what they may not want to hear is what a good attorney shares with you in private. Providing a candid legal opinion is what clients really want and need.

There are times when clients have expectations that simply are not realistic. Before engaging in costly litigation, that will not provide you the outcome you desire, a good attorney will tell you the truth about the likelihood of your success in front of a particular judge. Of course, knowing an outcome of a particular judge comes from years of experience.

Frank discussions with clients are far from easy, nor is it easy for clients to hear the message. But do you want to retain an attorney who fails to inform you of what you really should expect? And do you want an attorney that fails to share information you should have had early in your attorney-client relationship?

You should retain an attorney you trust to provide you with the full information you need make your own educated decisions. After all, you are placing your trust in the attorney’s hands to guide you through a difficult family law matter. If you can’t trust them to tell you the truth, how can you make informed decisions that will benefit you and your family.

You need an attorney who is brave enough to tell you factually truthful information, not an attorney who will coddle you, and perhaps fail to correct your misguided perception of what to expect at the end of your case.

Clients set their goals based on information provided by their attorney. Clients should be informed of the full picture (the good and the bad). And isn’t that really what a good attorney should do for you – share their knowledge and manage your expectations early on.

Clients pay attorneys to tell them what they need to hear, not what they want to hear.

From the start of all attorney-client relationships with Schmitt Law, PLLC, we share with clients the pros and cons of their case, thoroughly review their expectations, and candidly discuss the likely outcomes based on their specific facts. Because we value clients, we want to start our relationships knowing that our clients can depend and trust in us to tell them the truth…not just what they want the truth to be. In the end, our clients are able to make sound decisions, allowing them to move forward with their lives.

Michigan Divorce Attorney

If you are considering divorce or have been served divorce papers, contact Schmitt Law, PLLC. We are committed to guiding our clients and their families through the divorce process with the least amount of emotional trauma, while holding the interests and future of the family as a top priority. To schedule a consultation or learn more about our services, contact us online or call (616) 608-4634.

How To Waste Your Money After Retaining a Divorce Attorney

April 11, 2022 By Laurie Schmitt

I doubt many would say that getting a divorce is easy. But…

You took the time to consult with attorneys. You carefully selected and retained a skilled, qualified divorce attorney to guide you through the tough journey. Now, the question is “do I listen to this professional, or do I waste my money”? It really is the choice of the client to make appropriate use of their divorce attorney. Failure to do so will only result in the financial benefit of the divorce attorney.

The following are the most common ways for a client to waste their money with their divorce attorney:

Using your divorce attorney as your counselor – Clients should leave the counseling to professionals licensed to counsel, allowing the divorce attorney to practice law. Every call, email, and text to and from your attorney becomes billable to you. Divorce attorneys understand the emotional struggles of clients and are willing to provide some emotional support. However, divorce attorneys are not trained nor licensed to be therapists. Clients should be encouraged to seek support through divorce groups, and/or counselors qualified to assist people who are going through a divorce.
Failing to be honest with your divorce attorney – You hired a divorce attorney to guide your through the divorce process, and to fight for your rights. But yet, you fail to be truthful with your divorce attorney. Even an omission can be a devesting set back in a divorce case. Failure to tell your divorce attorney about an event that may not put you in the best light can harm the final outcome of your case. Your divorce attorney needs to know the facts, whether the facts are good or bad for you. It’s better that your divorce attorney understands the facts sooner than later. The alternative is that your divorce attorney is blindsided in court with facts that should have been shared with them well before court.
The “blame game” – Clients spend too much time communicating with their divorce attorney in an effort to make their spouse “look bad”. Divorce attorneys understand that you and your spouse are seeking a divorce for a reason, and that you no longer may get along. It is a very rare occasion that only one person can be blamed for the complete breakdown of the marriage.
Engaging in the Tupperware wars – Clients refuse to do simple math. Clients should ask themselves “Is what I am fighting for worth the cost of attorney’s fees?”. Make smart decisions about what truly is worth fighting for and focus your efforts on those issues that are worth the financial investment.
Fighting the divorce – You have been served with divorce papers and took action to hire an attorney. Yet, your energy is spent on finding ways to get your spouse back. You refuse to be cooperative with your attorney. The one thing a divorce attorney can’t do is make your spouse change their mind about the divorce. Your focus is best placed assisting your attorney to obtain the best outcome you can – to assist in protecting your future.

What Is a Judgment Of Divorce

April 6, 2022 By Laurie Schmitt

A Judgment of Divorce is the legal document that finalizes the divorce process. It is the written court order that formally dissolves the marriage.

WHAT DOES A JUDGMENT OF DIVORCE CONTAIN?

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. A Judgment of Divorce contains pertinent information as follows:

Divorces with minor children:

Custody
Parenting time
Holiday parenting time
Telephone contact
Extracurricular activities
Any miscellaneous provisions specific to the parties
Child support
Health insurance
Residency (100 mile) Rule
Change of Domicile Rule
Hague Convention
Income Tax Exemptions

All divorces (with or without minor children)

Vehicles
Personal property
Bank accounts
Retirement accounts
Real property
Debts
Restoration of maiden name
Other statutory provisions

WHAT IF THE TERMS OF THE JUDGMENT OF DIVORCE ARE NOT FOLLOWED?

A Judgment of Divorce is a court order and therefore both parties are bound to its terms and required to follow its provisions. Failure to follow the Judgment of Divorce may lead to court-imposed sanctions.

WHAT IF THE JUDGMENT OF DIVORCE NEEDS TO BE MODIFIED?

A modification can be achieved two ways.

The parties come to an agreement, that agreement is reduced to writing through a stipulated order, and presented to the judge for signature.
One of the parties files a motion, a hearing is set, and the judge makes a ruling on the matter. There are times when the issue requires an additional hearing called an evidentiary hearing. If the judge believes an evidentiary hearing is required, a date will be set by the court wherein testimony will be taken, and the judge will rule on the matter.

Experienced Divorce Attorney

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

What Is a Domestic Relations Verified Financial Information Form In a Divorce?

April 1, 2022 By Laurie Schmitt

In the State of Michigan, after you have filed a complaint for divorce, both parties are required to exchange financial affidavits (known formally as the “Domestic Relations Verified Financial Information Form”). The Domestic Relations Verified Financial Information Form must be exchanged within 28 days after the date of service of Defendant’s initial responsive pleadings to the complaint for divorce.

What Information Is Required To Be Disclosed In The Domestic Relations Verified Financial Information Form?

The Domestic Relations Verified Financial Information Form requires you to disclose the following information:

Personal Information: Must provide name, address, phone number, date of birth, social security number, and driver’s license number.
Employment Information: Must provide employer’s name, address, gross income, and hourly rate of pay. If self-employed, they must list all draws made during the last 12 months.
Employment Benefits: Must provide health, vision, dental, life, and retirement benefits, car allowance, expense reimbursement, and any other benefits received by the employer.
Other Income: Must provide income from all other sources such as commissions, bonuses, profit sharing, interest, dividends, annuities, pensions, trust funds, IRA’s, worker’s compensation, social security benefits, VA benefits, disability insurance, GI benefits, rental income, and spousal support.
Real Property: Must provide address, date of purchase, estimated value, SEV, balance of mortgage, monthly payment, name of lender, and information on any equity loan.
Financial Accounts: Must provide type of account, account number, name of institution, name on account, current balance, and balance 90 days before current balance. This information must be provided for each account.
Pension: Must provide all defined benefit plans to include company or employer name, lump sum value, estimated monthly payment, and earliest date eligible to receive pension.
Life Insurance: Must provide insurance company name, policy number, policy owner, beneficiary, account of death benefit, premium amount, cash surrender value, and if employer provided.
Motorized Vehicles: Must provide year, make, model, title holder, lender, estivated value, and amount owed.
Personal Property: Must provide description of property, estimated value, and date purchased or acquired.
Debts: This includes credit cards, personal loans, student financial aid loans, other unsecured loans. Must provide type of debt, name of lender, account number, name on account, and balance owed.
Court Ordered Financial Obligations: This includes child support, spousal support, garnishments, civil judgments, court-ordered fines, fees, and restitution.

What Does “Verified” Mean?

As the title notes, the Domestic Relations Verified Financial Information Form is “verified”, meaning you must sign the form in front of a notary declaring the statements are true. Therefore, it is imperative that the person completing the Domestic Relations Verified Financial Information Form be truthful in their statements, as the statements made can be used against them in any court proceeding.

Going through the Court to solve your divorce.

If you’re going through a divorce and want to understand your options, Schmitt Law, PLLC is standing by to assist. To schedule a consultation or learn more about our services, contact Schmitt Law, PLLC online or call (616) 608-4634.

How To Prepare For a Custody Mediation

March 24, 2022 By Laurie Schmitt

All family law cases are difficult. However, custody cases can be the most challenging for parents. Whether your case is a divorce, child custody, parenting time, or child support case, Mediation offers a less stressful option for couples.

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.

Before you attend Mediation, it is important for you and your attorney to prepare. It is also imperative that both the client and attorney have a shared understanding of what outcome the client desires through the Mediation process.

As this is a difficult time for the client, it is normal to have questions and concerns about the process and outcome. At Schmitt Law, PLLC, we sit down with every client prior to mediation and discuss our strategy. This allows us to be “on the same page” with the client when we attend Mediation.

The following is a checklist that Schmitt Law, PLLC reviews with all clients prior to attending a custody Mediation.

Make sure you have provided copies of all relevant documents to your attorney so that they can have the necessary documents available for mediation.
What type of legal custody are you seeking? Joint or sole?
What type of physical custody are you seeking? Joint or sole?
What parenting time schedule are you seeking? Does your work schedule allow you to exercise parenting time on the schedule you are seeking? Do you have daycare available if needed?
What holiday schedule are you seeking? The following are the major holidays that Schmitt Law, PLLC typically requests: New Year’s Eve, New Year’s Day, Easter, Memorial Day, July 4, Labor Day, Halloween, Thanksgiving, Christmas Eve, Christmas Day, Child’s birthday, Spring Break, Christmas break, Mother’s or Father’s Day, and any other day important to the client.
What type of telephone contact are you seeking? What days of the week, what time of the day, and for what length of time?
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?
What happens if one or both of the parties require a change in their parenting time schedule?

And through the mediation process, be sure to put your child’s needs first – prioritize what is best for the child, and what is best for their day-to-day routine. When you place the child first, much of the decisions to follow become easy to make.

Experienced Michigan Child Custody Attorney

Laurie Schmitt at Schmitt Law, PLLC is experienced in family law cases involving visitation and custody. Over the years, I have successfully represented hundreds of clients in complicated cases. For skilled legal guidance, please call Laurie at Schmitt Law, PLC at (616) 608-4634, or contact us online to arrange a consultation.

The Collaborative Divorce Process: What Is a Financial Neutral?

March 21, 2022 By Laurie Schmitt

In the collaborative divorce process, we utilize the team approach. The team comprises of the clients, their respective attorneys, a coach, and if necessary, a financial neutral. What role does a financial neutral play in this process as a team member, and what is the value to the client in retaining a financial neutral?

In many cases there are complex financial issues that must be addressed in the collaborative process. Simply put, the financial neutral assists the team in answering all financial questions.

A financial neutral will sit down with the parties independent of the team to assist in creating a budget while the parties are going through the collaborative process.

The financial neutral also assists the parties in understanding the impact of different settlement options that are being addressed in the team meetings. The financial neutral will review all of the assets and debts of the parties, and create a report for the team to review. These reports allow the team to fully understand the financial position of the parties, and to assist the parties in getting to an agreement that is financially fair and equitable for each party.

Financial neutrals also assist in valuing businesses of the parties, or valuing assets that may be difficult to value.

Often times, there may be one spouse who has never been responsible for maintaining the household finances. In these instances, the financial neutral can meet with that party individually, with the consent of the other, to assist them in learning how to create a budget, write a check, balance a checkbook, and pay bills.

Additionally, there is a cost benefit to the clients in hiring a financial neutral: it allows the attorneys to focus on legal issues, while the financial neutral focuses on the financial issues. Each part of the professional team is focused on what they do best and what they have been trained to do.

In the end, the financial neutral plays a valuable role as a team member: creating efficiency, saving money for the clients, and providing the team with a full understanding of the client’s financial situation.

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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