Blog
Your Judgment of Divorce has been signed. BUT… have you finalized the details?
So, you are officially divorced! Have you taken care of all of the “details”? You ask, “what details”? If you have recently finalized your divorce, there are important matters that need to be addressed to wrap up your divorce. Just remember, details matter! Now that the divorce is complete you should review the following list […]
What the Court Considers When Changing Parenting Time
Are you considering requesting the court to modify your parenting time? Has the other parent filed a motion to change parenting time? If you have answered yes to either of the above questions, you need to know what the judge considers when granting or denying a motion to change parenting time? MCL 722.27a (6) provides […]
What Can You Expect to Pay For Your Divorce
FEES:It is impossible for an attorney to calculate the exact amount that your divorce will cost, as each client has unique facts and circumstances specific to their case. The total cost of your divorce will depend on several factors to include the individual attorney you hire, the geographic location of that attorney, whether you or […]
The DOs and DON’Ts During Your Child Custody Dispute
I don’t know if anyone is ever comfortable with the idea of “fighting” over their children, but child custody disputes are the most common and difficult—both emotionally and from a legal standpoint—areas of conflict that I see in my West Michigan family law practice. What do you do if you are one of those parents, and you find […]
The Difference between Legal and Physical Custody in Michigan
If you’re going through a divorce, or in the midst of a custody battle, it’s important to understand what the custody terms means in Michigan. In Michigan, the courts recognize two types of custody: physical and legal. PHYSICAL CUSTODY:Physical custody determines where the children will live and their living arrangements. Custody can be sole or […]
Terms and Definitions
I receive many calls from potential clients that have been served with a Complaint for Divorce, or are wishing to file for divorce. For parties who have never been through the legal system, the terminology used in a divorce action can often be confusing and overwhelming. Below are basic legal terms associated with a divorce […]
Ten Things “Not to Do Next” in Your Divorce
You’ve heard it a million times that going through a divorce is difficult. As a West Michigan Divorce Attorney, I can state that divorce is full of challenging moments. However, with some common sense, you can avoid some common divorce pitfalls by following a few basic rules: Don’t start a new relationship. Well, Duh! Need I […]
Parental Child Abduction
Are you going through a divorce and have imminent concerns that your spouse will remove the children from the United States, and refuse to return them? If so, there are steps that you can take to prevent your spouse removing the children from the United States. The first action is to have your family law […]
I Want to Win Custody of My Children, but I Love Facebook: Why you should ‘unfriend’ Facebook during your child custody case
Although my West Michigan family law practice involves meeting with clients about a range of issues, child custody issues are often the most challenging for my clients. The toll child custody takes on the individual parties’ emotions, children, and finances is the number one reason why I encourage people to learn more about Collaborative Divorce before things become too heated. Child […]
I have filed for a Divorce, now what happens with the Marital Home?
In any divorce situation, one of the most major and complex elements to be dealt with is the division of marital assets. As the marital home is typically the largest asset of divorcing couples, it’s important to know your options. The most common dispositions of the marital home is that it will be sold, or […]
How to Prepare for the Initial Consultation with a Divorce Attorney
You’ve made the decision to seek advice from a divorce attorney. You’ve made the appointment. What preparation should you take to use your time efficiently at the consultation? The initial consultation various from attorney to attorney. However, most divorce consultations include a discussion of the divorce process, custody, parenting time, financial matters, and attorneys fees […]
How to Control the Cost of your Legal Fees
Every client has concerns about what their case will cost. Like all other professionals, attorneys do charge for their time. However, there are ways you can work with your attorney to control your legal fees. You can reduce your legal fees by doing your own legwork by providing your attorney with complete financial information regarding […]
Have you Received a Show Cause Hearing Notice?
Have you received a notice to appear at a show cause hearing from a Michigan family court? Not sure what a show cause hearing is, or what can happen at that hearing? When a party to a family court order fails to follow its terms, the other party can petition the family court to enforce […]
Financial Fragility – What will your future hold post-divorce
The May 2016 issue of The Atlantic Magazine contains an article discussing the “financial fragility, financial insecurity, and financial distress” of Americans. It states that people have more debt than assets to divide, and insufficient income to support two post-divorce households. With the hollowing out of the middle class, even professionals struggle to get from […]
Divorce “The New” Custody Case – Pets!
Becoming ever commonplace are cases wherein parties fail to agree on who the beloved family pet should live with after the divorce. Enter the “pet custody” case. In the State of Michigan, pets are considered mere property, and divided by the court as such. Needless to say, judges really despise making decisions regarding the split […]
Common Divorce Questions: What About the House?
For most couples seeking a divorce, the house is their most valuable asset. One or both of them may be emotionally attached to the house. What I tell my clients from the beginning is that there are three options: The husband gets the house. The wife gets the house. They sell the house and divide […]
Common Divorce Questions: Is there Alimony in Michigan?
Michigan law allows for spousal support, commonly referred to as alimony. There is no set formula as to how the amount of support is determined. Each case is decided according to its unique circumstances. Factors Courts Consider for Alimony/Spousal Support When one party requests alimony, the court considers many factors before deciding to order support, […]
Common Divorce Questions: I’ve Told My Spouse I Want A Divorce, Now What?
The first visit between a client and attorney will often begin with the client announcing, “I’ve told my spouse I want a divorce. Now what?” At Schmitt Law, PLLC, we first inform the client of their rights and responsibilities and then go over the most important aspects of how to proceed. 1) Filing the Complaint […]
Common Divorce Questions: How Long Does It Take to Get Divorced?
One of the most common questions divorcing couples ask is, “How long will it take?” The answer depends on how litigious the parties are. The more issues they can agree upon between them means the less time they spend in court and the quicker their divorce can become final. There are some statutory requirements that […]
Common Divorce Questions: How Is Child Support Determined?
Child support can be a contentious issue. The way it is resolved in our jurisdiction is that all family law attorneys use the same support formula the court uses. We have a software program at Schmitt Law, PLLC, that we use to determine the amount of support one parent pays to the other. What is […]
Common Divorce Questions: How Do We Keep the Cost Down in Our Divorce?
A major concern of divorcing couples is the cost of the divorce. The bottom line is that the more adversarial the couple is the more the divorce will cost. The more the spouses fight about issues the more expensive the divorce will be. Asking the court to settle issues that the spouses could settle between […]
Collaborative Divorce – A Better Way
Divorcing couples are often unaware of how a Collaborative Divorce works. They gravitate toward traditional litigation because that is what they know. At Schmitt Law, PLLC, one of the options is the Collaborative Divorce process which allows the couple to divorce dignity and be effective co-parents in their new life as single parents. Why I […]
Collaborative Divorce
Divorce is a painful and emotionally stressful time for everyone. That’s way more couples are turning to a new and different approach. A highly trained team of professionals work together with you to develop a fair, open and child centered resolution. This team consists of collaborative attorneys, financial neutrals, child specialists, and divorce coaches. Collaborative […]
Change of Domicile and the 100 Mile Rule
Are you contemplating moving out of town or out of state with your child? Will this move be more than 100 miles from the child’s current legal residence? Has the court awarded you joint legal custody or sole legal custody? Before you decide to move with your child, you should review your court order. Did […]
Contract to Make a Will
Case Study regarding a plaintiff that was in a long-term relationship with Anthony Bzura (Tony) that lasted over 40 years, but the two never married. 339305 PELLIE MAE NORTON-CANTRELL V ANTHONY BZURA TRUST AGREEMENT Panel: DBS DAS MFG Lower Court: WAYNE PROBATE COURT, No. 15-811336-CZ Opinion – Per Curiam – Unpublished 20181023_C339305_39_339305.OPN.PDF Plaintiff was in a long-term relationship with […]
Change in Social Security Law to Impact Divorce
Are you contemplating ending your long term marriage? Was your spouse the primary breadwinner during the marriage? Are you or your spouse nearing retirement age? If so, this article is a must read! Social Security changes will hit couples. divorced women hard
Marital Property versus Separate Property
When is property considered separate property, and therefore not divisible in a divorce? Courts make the distinction between marital property and separate property. Marital property is simply property acquired during the marriage. However, the Michigan statutes fail to define separate property. Nevertheless, courts typically adopt the rule that separate property is property that is not […]
Enforcing Child Support / Friend of the Court
The Friend of the Court is responsible for enforcing child support orders. Many enforcement methods (described below) can be used if a parent does not follow terms of the order. Income Withholding An income withholding order can be used to collect both current and past-due support (arrearages). All new and modified child support orders are […]
Spousal Support Award based on income from illegal marijuana sales upheld by Court of Appeals
Sally Ann Beauchamp v Ronald Robert Beauchamp Unpublished: October 23, 2018No. 340792Delta Circuit CourtLC No. 16-023178-DO In Beauchamp v Beauchamp, the Husband was deriving income from illegally selling marijuana. Trial court awarded spousal support based on income derived from the marijuana income. Defendant appealed that court couldn’t base spousal support on his illegal income. Court […]
Child Support Payments at CVS and Walmart
The Michigan Department of Health and Human Services and Michigan State Disbursement Unit has once again made it easier for parents to pay their child support. Parents who owe child support may now make payments at CVS Pharmacy and Walmart stores using the MoneyGram payment option. This option will be available at CVS Pharmacy and […]
