Laurie Schmitt

Will I Lose My Health Insurance After The Divorce?

October 23, 2023 By Laurie Schmitt

The simple answer is YES, you will lose your health insurance after your divorce is final.

Once the judgment of divorce is signed by the judge, and you are officially divorced, you will no longer qualify to remain on your former spouse’s health insurance plan. Federal law states that insurance coverage under a spouse’s policy terminates as soon as you are divorced. Therefore, your former spouse is not allowed to keep you on their health insurance after a divorce, because you would no longer be considered a family member. So, know that it is not up to your former spouse about leaving your health insurance in place. The law prohibits it.

It’s best that you address your health insurance coverage early in your divorce. Start doing preliminary homework early in the divorce process by checking at healthcare.gov., or one of the various online insurance carriers. This process may take weeks to a few months to find a plan, complete the application process, and for your new health insurance policy to go into effect. If you wait until the last minute to address health insurance, you may find yourself without health insurance post-divorce, or having to pay for COBRA for a period of time. Address this issue early, so that you are not uninsured at the end of your divorce.

If you are transitioning from your spouse’s health insurance policy to your new health insurance policy, you can always pay for COBRA from your previous insurer. This will ensure that you do not have a lapse in your health insurance coverage. You will be able to maintain your previous insurance for several months through COBRA (the months of available coverage may be different under various plans). However, as COBRA insurance coverage can be pricey, you want to move as quickly as possible to get your new policy started.

Also note that health insurance companies have very strict rules about informing them of a qualifying event such as a divorce. Failure to inform the insurance company about the finalization of the divorce can constitute insurance fraud. So, after the divorce do not use your former spouse’s health insurance, or you may be held to repayment to the insurance company, or worse.

PROVIDING SOLUTIONS FOR FAMILIES.

At Schmitt Law, we understand the challenging nature of going through a divorce and the strain it can put on you and your family. We work diligently to provide legal services that are tailored to our clients’ specific needs and circumstances. We are here to guide you through every step of the way and protect your rights. Don’t wait to take action – contact us today at (616) 608-4634 to schedule a consultation and get the legal support you need.

Our address is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

Can I Get A Divorce If I Can’t Locate My Spouse?

October 19, 2023 By Laurie Schmitt

Can you obtain a divorce if you are unable to locate your spouse? Yes, you may obtain a divorce if you can’t locate your spouse. However, you will be required to take additional steps to attempt to locate your spouse prior to your divorce being granted by the judge.

When you don’t know your spouse’s location, you must prove to the court that you have made a reasonable effort to locate them. What will the judge consider a “reasonable effort” to locate your spouse?

The following is a list of actions you should take to attempt to find your spouse:

Facebook – via message – see if your spouse opened it.
United States Post office through Freedom of Information Act for current address or any relocations. Complete the Address Information Request Form with your local post office.
Last known employment – ask for any address to which their W-2 forms were mailed.
Unions that your spouse may have worked for their specific trade or craft.
Contact their relatives – documenting the names of who you spoke to, their relationship with your spouse, date of contact, and their responses. Relatives can include parents, brothers, sisters, aunts, uncles, cousins, nieces, nephews, grandparents, great-grandparents, etc.
Online search using an Internet databank locator services.
Department of Motor Vehicles in the state of their last known address.
Department of Corrections Inmate search database in the state of their last known address.
Letters to the Armed Forces of the U.S. and their response as to whether or not there is any information about your spouse.
Secretary of State – requesting spouse’s driving record.

If you’ve not been successful in locating your spouse, then the court can grant you permission to serve your spouse via alternate service. A motion for alternate service will need to be filed with the court, indicating to the court all of your efforts you have made to locate your spouse. This is not to say you must complete all of the above tasks before the judge will grant you an order for alternate service. However, you must show the court you have made reasonable and diligent efforts to locate your spouse.

The two most common forms of alternate service that the court traditionally grants are Newspaper publication (in a location where you think your spouse lives) and Facebook/social media. The court will most likely require you to use both of these methods for alternate service.

Once you have accomplished the alternate service as required by the court, your divorce case may move forward.

GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY. CONTACT SCHMITT LAW, PLLC FOR GUIDANCE.

Laws surrounding alternate service in a divorce can be complex. We invite you to call Schmitt Law, PLLC to learn more about your rights as it pertains to divorce. For skilled legal guidance, contact Schmitt Law, PLLC online or call (616) 608-4634 to arrange a consultation.

Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

Can You Oppose A Divorce?

October 16, 2023 By Laurie Schmitt

If your spouse has filed for divorce, and you don’t want the divorce, you wonder if you can oppose the divorce. In Michigan, the answer is NO.

NO-FAULT STATE

As Michigan is a no-fault state, only your spouse needs to assert that there has been a breakdown in the marriage to be granted a divorce. The specific requirements to which someone can be granted a divorce in Michigan is detailed in MCL 552.6(1) which states that there has been a breakdown of the marriage with no reasonable likelihood it can be preserved.

When your spouse signs the complaint for divorce, they state under oath 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. When your spouse attends the final hearing, they will reaffirm that statement under oath again. Therefore, there really is no effective way for you to disprove that there has not been a breakdown in the marriage to present granting your spouse’s request for a divorce.

REFUSAL TO TAKE ACTION

Some people in the midst of a divorce believe if they remain silent, take no action, avoid service of the divorce documents, or fail to file an answer to the complaint for divorce, they can prevent their spouse from proceeding with the divorce. On the contrary, if you take no action, the divorce process will still move forward, and your spouse will be granted a default divorce. If you fail to respond to the complaint for divorce, the court will grant your spouse’s request for divorce, and potentially grant them what they are requesting. This means you have no say in the outcome of the case, as you refuse to participate. So, the only thing you will accomplish by refusing to have a voice in your divorce case will be giving up your right to seek terms that would benefit you.

WHAT YOU SHOULD DO

Take action…protect your rights, even if you don’t want the divorce. Even though you may disagree with the divorce, this doesn’t mean you can’t oppose the terms of the final outcome of the divorce as it relates to child custody, parenting time, spousal support, and the division of marital assets and debts.

PROVIDING SOLUTIONS FOR FAMILIES. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC, 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. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

What Do You Need To Know For A Custody Agreement?

October 10, 2023 By Laurie Schmitt

If your family law case involves custody and parenting time, there are many issues that you need to think about. And if you and the other parent are trying to come to an agreement regarding custody and parenting time, you need to know what your agreement should contain. The following is a list of issues that you should incorporate into your final order:

LEGAL CUSTODY

Legal custody involves which parent has the ability to make decisions regarding the child’s education, health, and welfare. When parties share joint legal custody, it means that they are to consult the other on major decisions.

PHYSICAL CUSTODY

Physical custody involves where the child will primarily live; who actually raises the child in their home. The parties may agree to joint physical custody, even if the child resides primarily with one parent.

PARENTING TIME

There are many parenting time schedules that can be considered. Do you want 50/50, every other weekend, or something in between? When deciding on a parenting time schedule you and the other parent should look at the age of your child(ren), where the children attend school, your employment schedules, your ability to exercise the time you are asking for. Come up with a parenting time schedule that makes sense, and that is in the best interest of your child(ren).

HOLIDAYS

In most counties in Michigan, the judge will require you to rotate all major holidays. The major holidays can differ between counties. However, the following is a basic list of holidays that are observed in most family courts: New Years Eve, New Years Day, Easter, Memorial Day, July 4, Labor Day, Thanksgiving, Christmas Eve, Christmas Day, Spring Break, Christmas Break, and Mother’s Day/Father’s Day. If your county has a holiday parenting time schedule you may follow that. If you and the other parent want to create your own holiday schedule, you are free to do so. Note, that holiday parenting time takes precedence over any regularly scheduled parenting time.

TELEPHONE CONTACT

Some parties want to include a provision in their agreements about telephone calls with the child(ren) during the other parent’s parenting time. If you wish to add a telephone contact provision, it should include the days and times of the calls. If you decide to add this provision to your written agreement, it will be upheld by the court.

TRANSPORTATION

You and the other parent are free to agree on any transportation arrangement you like. However, if you are unable to come to an agreement, the court will order that the parent who is starting his or her parenting time shall be responsible for transportation. Typically, the court will allow transportation to be provided by the parent or by a member of the parent’s immediate family. They will also require that all transportation be provided by a properly licensed individual who has a properly licensed and registered vehicle, and that all legally required restraints be present and used (seat belts/car seats).

TAX EXEMPTIONS

Who gets to claim the child(ren) on their taxes is overlooked by many parents. It’s important that you and the other parent come to an agreement regarding tax exemptions or you most likely will find yourself in court in the future arguing over this issue. The typical agreement is that tax emptions will be rotated between the parties (one party receiving the exemptions in even years and the other parent receiving the exemptions in odd years). If you have more than one child, you may also consider an agreement in which each of you will take one child every year (with your agreement stating who will claim what child).

EXTRA-CURRICULAR ACTIVITIES

And again, who will pay for extra-curricular activities is another issue that gets overlooked in many agreements. Your child(ren) may not currently be of age that they are participating in any extra-curricular activities. However, it’s best to talk about it now. You and the other parent can agree that you will equally share in the costs. Or you can agree to a different percentage other than one half. It’s also a good idea to have a yearly cap on the expenses. That way, you both clearly understand your maximum yearly out-of-pocket expenses as it relates to extra-curricular activity expenses. And you can agree that once the cap is met, if you or the other parent want to place the child(ren) in other extra-curricular activities the enrolling parent will be solely responsible for all costs.

CONTACT SCHMITT LAW, PLLC FOR LEGAL ADVICE ON CUSTODY. GRAND RAPIDS FAMILY LAW ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC, we help parents work together to create a custody and 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 Financial Information Is Used To Calculate Child Support?

October 6, 2023 By Laurie Schmitt

If you’re going through a divorce or child custody action and child support will be calculated in your case, you should familiarize yourself with what is and is not used in your child support calculations. The following is a quick guide to show you what is credited and what is not credited in determining your monthly child support obligation.

The first thing to consider is what is income. The following is an abbreviated list of what the State of Michigan considers income for the purposes of calculating your monthly child support obligation.

WHAT IS CONSIDERED INCOME:

Gross monthly income
Gross monthly income
Commissions
Bonuses
Any other monies from all employers or as a result of employment
Distributed payments from profit-sharing, pension, retirement, an insurance contract, an annuity, trust fund, deferred compensation, retirement account, social security, unemployment compensation, disability insurance or benefits, or worker’s compensation
Military pay
Tips, gratuities, royalties, interest, dividends
Net capital gains

WHAT ELSE IS USED IN THE CALCULATIONS:

Daycare payments
Health care insurance payments (attributed to the children)
The amount of overnights each parent receives per year
Second family credit (given to parties who have children from another relationship that live with them or that they support)

The next question is whether there are credits or offsets given for your monthly living expenses. The answer is no. Even though it may not seem fair, the State of Michigan does not account for your personal living expenses when calculating your monthly child support obligation. The following is a list of expenses that will not be credited to you.

WHAT IS NOT USED IN THE CALCULATIONS:

Mortgage or rent payments
Land contract payments
Lot rent payments
Utility payments
Vehicle loan payments
Student loan payments
Credit card payments
Car insurance payments
Personal loan payments
Any other reoccurring monthly debt

MAKE SURE YOUR CHILD SUPPORT OBLIGATION IS CALCULATED APPROPRIATELY. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING WEST MICHIGAN.

Are you going through a divorce or child custody case and child support must be established? Do you have questions about your child support obligation and how it will be calculated?

Determining your monthly child support obligation can be a complex issue in your case, and one in which you will have to live with for some time. It’s best that you have your monthly child support obligation calculated fairly and appropriately at the onset, instead of having to address having it corrected later.

Over the years, we have successfully represented hundreds of clients in their child support cases. For skilled legal guidance, contact Schmitt Law, PLLC online or (616) 608-4634 to schedule a consultation. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

After The Affair – Now What?

October 2, 2023 By Laurie Schmitt

You find out that your spouse had an affair and you’re now considering filing for divorce. You ask if you should file for a divorce, or what the best time to do so would be. These are impossible questions for an attorney to answer. Attorneys are not qualified to provide such counseling.

However, the following is a quick list of things to take into consideration if you find yourself addressing an affair and possible divorce:

• Have you tried marriage counseling?

• Are you open to marriage counseling?

• What is the length of your marriage?

• Do you want to preserve the marriage?

• Are you just ready to move on?

These are issues that would be best addressed with a trained counselor. And the timing of filing your divorce is completely up to you.

If you’re struggling with the issue of an affair in your marriage, you may need some time to process the information. If you just found out about the affair, you may be very angry and hurt. And it may not be the best time to make a major decision such as filing for a divorce. But you’re in total control of the process – meaning you control the timing of your divorce filing. And note that if you file for divorce, and you and your spouse reconcile, it is a very simple process to dismiss your divorce filing.

In the end, Schmitt Law, PLLC respects your need to have your legal questions answered. You need to know what your options are before you can even think about making a future decision regarding divorce. You need to know what your future will look like before you move forward. Schmitt Law, PLLC encourages you to take the time you need to process the recent events in your life, process the legal information you obtain, and make a decision that is best for you. And if you decide to move forward with a divorce, you do so when you are ready.

Your decision is ultimately yours, and yours alone to make. Know that when are ready, Schmitt Law, PLLC will be here to guide you through the process.

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

If you are contemplating or in the process of a divorce or separation, contact the Michigan divorce attorney, Schmitt Law, PLLC. Our office understands that family law matters often involve complex relationships and dynamics that can enhance decision-making stress. We provide clients with the security to approach these challenges with confidence. Our dedicated attorneys will provide clients with individualized attention and strategic case preparation to address all parts of their cases. We invite you to contact Schmitt Law, PLLC today by completing our online contact form or calling us at (616) 608-4634 to schedule a consultation.

Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

Can I Buy A House During My Divorce?

September 25, 2023 By Laurie Schmitt

Your divorce is pending and you want to purchase a new house. The issue you will find yourself in is whether your new house will be considered marital property or not.

WHAT DOES MICHIGAN LAW SAY?

In Michigan the law supports that property purchased during the marriage in presumed to be marital, even if acquired after separation or during a pending divorce. All homes purchased during the marriage is technically considered part of the martial estate. Consideration of the source of the funds used to acquire the property (contribution) may mean the other party is entitled to some portion of that property – or none at all.

WHAT IS THE REAL ISSUE?

The issue the court will look at is the source of the down payment made to purchase your new house. Was the down payment made with marital funds? If you are using marital funds for your down payment then the property becomes marital.

If the source of the down payment is coming from your settlement of the marital assets, then it is not likely that your spouse can argue contribution. If your down payment was from your share of the marital funds, then there is no contribution from your spouse, and you would retain the entire interest in the house. But if the down payment came from marital funds, your spouse could argue for compensation of those funds, as it was contribution of marital funds used for the down payment.

HOW DO I PROTECT MYSELF

If you must purchase a house during your divorce, play it safe and obtain a stipulated order (that will be signed by the judge) stating that the purchase of your new house will not be considered a marital asset, is not an asset to be divided in the divorce, and that your spouse has no ownership or equity interest in the property. If you are using funds from the settlement of your divorce (or are using funds that will be considered an advancement of your settlement), make sure the stipulated order details this.

SUMMARY

If you don’t protect yourself, your spouse may have an interest in the property, claiming it as a marital asset. Once again, any property purchased during the marriage can be considered marital property. How your property is titled is not dispositive of ownership. This means that is does not matter whose name is on the deed, it can still be considered a marital asset. The name on the deed is not controlling. It is best to have a stipulated order designating your new home as your separate property before the purchase is made.

ASSET DIVISION. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING WEST MICHIGAN.

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.

Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

Setting Goals For Your Divorce

September 18, 2023 By Laurie Schmitt

If you are contemplating divorce, or have recently filed for divorce, you may want to start setting goals to assist you in getting through the divorce process. The following are a few goals for your consideration:

ASSET LIST

Make a list of all of your assets. Have you and your spouse already decided who will keep what asset? Have you and your spouse agreed to the values on your asset list? Do you need to get appraisals of these assets?

BUDGET

Create a new budget. List your income and your new expenses. If you are unsure what your new expenses will be, do the best you can to use legitimate numbers. This will assist you in knowing what you have to spend and what you may need once the divorce is complete.

EXPENDITURES

Be conservative with your spending while your divorce is pending. It’s not smart to create new debt that you will take with you after the divorce. If you or your spouse has already filed for divorce, and you charge up new debt, it’s not likely that new debt will be considered marital. What that means is you will be solely responsible for the debt after the divorce. Don’t put yourself in a financial hardship position post-divorce by creating new debt.

PROPERTY AND AUTO INSURANCE

Have you and your spouse discussed division of your insurance policies? As you may not know who is retaining the house, or if you and your spouse will sell the house, it may not be time to make any changes to your homeowner’s policy. However, it may be time to discuss division of your auto insurance policy and come to agreement of the date that the division will take place.

HEALTH INSURANCE

Once the judgment of divorce is signed by the judge, and you are officially divorced, you will no longer qualify to remain on your spouse’s health insurance plan. It is best that you address the health insurance issue early in your divorce, as it may take a few months to find a plan, and for your new health insurance policy to go into effect. Too many clients wait until the last minute to address health insurance. And many find themselves without health insurance post-divorce. Address this issue early, so that you are not uninsured at the end of your divorce.

COBRA INSURANCE

If you are transitioning from your spouse’s health insurance policy to your new health insurance policy, you can always pay for COBRA from your previous insurer so that you do not have a lapse in health insurance coverage. You will be able to maintain your previous insurance for 18 months through COBRA. However, as this can be pricey, you want to move as quickly as possible to get your new policy started.

PASSWORDS

As we all do, you most likely have many passwords to several accounts. For your protection, you should change your passwords to accounts that are solely in your name. And this is especially true to your email and social media accounts. You may want to create a new email account used to communicate with your divorce attorney.

CREDIT REPORTS AND CREDIT ACCOUNTS

Request a copy of credit reports from all reporting agencies. That way you are aware of all accounts (sole and joint) that are under your name and can make sure you close all joint accounts before the divorce is completed. If you intend to keep any joint accounts post-divorce, you will need to remove your spouse’s name from those accounts. And the same goes for accounts your spouse intends to keep. Make sure your name is removed from all accounts they are keeping.

CONSIDERING DIVORCE? LEARN YOUR OPTIONS WITH SCHMITT LAW, PLLC. GRAND RAPIDS DIVORCE ATTORNEY SERVING THE WEST MICHIGAN AREA.

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. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

Laurie Schmitt

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