Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

616.608.4634

Collaborative Divorce

Do You Need Assistance Drafting Your Divorce Documents?

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If you’re contemplating filing for divorce in Kent, Ottawa, Allegan, Barry, Ionia, or Montcalm County, SCHMITT LAW, PLLC can assist you. SCHMITT LAW, PLLC offers assistance in drafting, filing, and serving your divorce documents, and assistance with preparing mandatory financial disclosures.

WHAT SERVICES DOES SCHMITT LAW, PLLC PROVIDE:

Preparing divorce documents

DOCUMENT PREPARATION

Preparing on your behalf a Summons, Complaint for Divorce, Record of Divorce, Uniform Child Custody Jurisdiction Act Affidavit, Verified Statement and Application for IV-D Services, and all other documents reasonably necessary to initiate the action.

FILING

Filing documents with the appropriate county Clerk of Court

SERVICE OF PROCESS

SCHMITT LAW, PLLC will assist you in filing your divorce documents with the Clerk of the Court and have your spouse served through a professional process server. This service is only available if you are able to provide an exact address for your spouse. 

FINANCIAL DISCLOSURES

Financial Disclosures: Assisting you with required financial disclosures in your divorce case.  This service includes receipt, review, and organization of disclosures, drafting your Domestic Relations Verified Financial Information Form, filing a proof of service with the court, and preparing the documents for mailing to your spouse. 

WHAT IS THE BENEFIT TO USING OUR SERVICES?

If you are trying to file your divorce documents on your own, it’s easy to become overwhelmed.  With SCHMITT LAW, PLLC drafting your documents, you will have the confidence of knowing you are filing the correct documents, know your documents have been completed correctly, and have been filed with the court correctly. SCHMITT LAW PLLC guarantees their work. If your divorce documents are not accepted by a clerk of court because of a drafting error, SCHMITT LAW, PLLC will amend your documents at no charge.

ASK ME ABOUT MY LIMITED SCOPE LEGAL SERVICES

We invite you to call Schmitt Law, PLLC to learn more about how we can assist you through our Limited Scope Legal Services. We offer limited scope services on a flat rate basis, and you pay when the legal service is provided. Therefore, there are no future invoices, or hefty retainers to be paid up front. You simply pay as you go, and only pay for the services you really need. No surprise invoices – just clear prices defined before we get started. Please contact Schmitt Law, PLLC online or call (616) 608-4634 to discuss pricing of any of our Limited Scope Legal Services. Whenever you are ready, we are here for you.

Our office is located at 401 Hall St. S.W., Suite 112D, Grand Rapids, MI 49503.

How Do I Tell My Spouse I Have Filed For A Divorce?

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How should you tell your spouse you want a divorce? Of course, this varies from person to person. And only you really know the right way and time to have this discussion with your spouse. But…

Divorce

When you tell your spouse you’re going to file for a divorce, or have already filed for a divorce, it doesn’t need to be conveyed with hostility. In fact, you should respect how this information may be hard for your spouse to hear, and they will need time to process it. Even if you and your spouse have talked about divorce for some time, the fact you have now taken real action may come as a shock or surprise. 

So, what should you say to your spouse if you are ready to end the marriage? Only you know how to talk to your spouse, and only you can select the right words.

The following is a guideline on what (or how) to tell your spouse you want a divorce:

I want you to know I have retained an attorney

And I will be (or have) filed for divorce

We are no longer going down the same path

And in both of our best interests (and the best interest of our children), it’s time to part ways

This is not to say we haven’t had some very good times in our marriage

And of course, I loved you and valued our relationship

However, it’s now time that we go our separate ways

Just remember, you set the tone in your divorce process in how you tell your spouse you want a divorce. You can be kind or cruel in this conversation. You have total control of how you want to start your divorce. Starting the process with respect to the years invested in your marriage can go a long way to making your divorce less stressful.

WHEN TO TELL YOUR SPOUSE YOU WANT A DIVORCE

They say timing is everything. Do you tell your spouse before you file for divorce? Do you tell your spouse after you have filed for divorce? Does it really matter when you tell your spouse?

It does matter when you tell your spouse you want a divorce. The notice you are filing or have filed for divorce should come from you first. Divorcing with respect to the marriage, and what this relationship meant to you over the years, doesn’t mean you should blindside your spouse. Don’t let the first time your spouse learns of the divorce filing be when they are served with divorce papers. If you want to set a positive tone for your divorce process, you should be the one to inform your spouse you have filed for divorce. You owe it to your spouse to tell them you have taken action and that they will be served (or mailed) divorce documents.

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. We understand 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 attorney 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 St. SW, Suite 112D, Grand Rapids, MI 49503.

The Secrets To Controlling Your Legal Fees

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It’s normal to worry about how much your family law 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. The following blog will provide you with ideas as to how you can manage your attorney’s fees.

How Can You Reduce Your Legal Fees?

Legal Fees

You can reduce your legal fees by providing your attorney with complete financial information regarding your assets and debts. Copy your documentation for your bank accounts, retirement accounts, credit cards, stocks, bonds, deeds, titles, etc. Have this ready for your attorney early in your case. The more financial information you’re able to provide your attorney, the better. It will reduce the amount of documentation that must be formally requested from your spouse or their attorney. If you are unable to access your spouse’s information, your attorney will request it from your spouse or their attorney. 

How Can You Save Money On Your Communication With Your Attorney?

Communication with your attorney is key to an effective attorney/client relationship.  However, not everything requires a lengthy telephone call. An e-mail is an inexpensive way of keeping your attorney informed or asking simple questions about your case. An e-mail gives the attorney a chance to think about your question before they communicate with you, allows them to respond when they are available, and often takes less time than a telephone call. You should discuss with your attorney methods of communication they prefer such as telephone, email, and text.

How Can You Save Money By Limiting What Your Attorney Must Address?

Attorneys charge for the time they spend working on your case. So, what can you do to reduce the amount of time your attorney must spend on your case? You and your spouse can address simple issues such as personal property and household bills.

Personal Property

You will save money if you and your spouse can agree on how you will divide your personal property. You and your spouse can make decisions about your personal property without the need for assistance from either of your attorneys. If you’re unable to reach an agreement on the division of all of your personal property, make a list of the items you do not agree on. Present that list to each of your attorneys. Now the attorneys can focus on just what is at issue (not discussing personal property that is not at issue).

Household bills

You will save money if you and your spouse can agree on who will pay for the household bills during the pendency of the divorce. Of course, if you are unable to negotiate with your spouse, or unable to reach an agreement then your attorney will need to address it through the court. But, making the attempt to reach to an agreement regarding payment of the mortgage, utilities, and other debt prior to attorney intervention will prevent unnecessary attorneys’ fees. And if you are still living together, often times clients leave the finances status quo.

What Is The Take Away To Saving Money On Your Legal Fees?

Together, you and your attorney can discuss your unique situation, and come up with a plan to work as efficiently as possible to keep your legal fees down. If you and your attorney are mindful of what needs to be completed in your case, and divide and conquer each task, you can save on your legal fees. 

GET TO THE OTHER SIDE OF YOUR LEGAL JOURNEY WITH SCHMITT LAW, PLLC.  GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC, we understand 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.

Social Media or Custody?

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Social media or custody of your children? Which one do you cherish more?

Child custody cases are difficult for clients. Unfortunately, it is the emotional nature of child custody issues that makes clients’ misuse of social media one of my most challenging issues as an attorney.  I get it. It feels good—even if it’s just for a moment— to blow off steam with a piping hot Facebook post (that doesn’t actually mention the other parent by name, so it’s harmless, right?). And all of those Facebook ‘likes’ on your child custody issue frustrations and woes can feel very validating at a time when you need validation from your friends and family the most.

Child Custody

However, use of social media during your child custody case can be dangerous and foolish.  Here are my top recommendations about use of social media to clients who are going through a child custody dispute:

  1. NEVER slam the other parent on social media. 
  2. Refrain from any and all Facebook updating, commenting, liking, or sharing that can be seen as making a comment on the case or disparaging the other party. You may want to share your true feelings about the case on Facebook. But all it will accomplish will be to heat up an already difficult situation.
  3. Even better advice…stay off Facebook until your case is complete. Don’t use Facebook to share your life with the world while you and your child’s future is pending with the court. It’s simple: if you stay off Facebook, nothing you say, innocent or otherwise, can be used against you, because it’s just not there to be found.
  4. If you decide to stay active on social media during your child custody dispute, remember your social media photos are worth a thousand words. Never post pictures of yourself in bars, drinking alcohol, at parties, and definitely never using illegal substances. What you may see as innocent pictures of a fun night out with friends, are now being shown in court as a way to support the other parent’s effort to depict you as a bad parent.
  5. Social media privacy is an oxymoron. If you think none of this applies to you because you are smart and have your social media accounts set to private, think again. You would be amazed at how many of my clients’ “friends” have been willing to provide their opposing party with access to their “private” social media posts and photos.
  6. If your account is not set to private, the other parent and their attorney is regularly reviewing your activity. And Facebook accounts with photos can be incriminating when they include drugs and drug paraphernalia lying about your house, photos where you are visibly intoxicated, photos that undoubtedly show an adulterous relationship, and volumes of your derogatory comments about the other parent that go directly to your own fitness as a parent.

GOLDEN RULE: If it is on your Facebook account, your judge will see it.

If you are fighting for your children, stay away from Facebook and other social media while your child custody case is ongoing. What you post can be misunderstood and will used against you. Getting through a heated custody case is hard enough. So, before you post that comment or photo on Facebook, remember your end goal: custody of your children.

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

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

Are You Being A Jerk In Your Communicating With The Other Parent?

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Are you being respectful in your communications with the other parent? Or are you being a jerk? Is your communication necessary, or just sent to harass the other parent? Do you respond to the other parent’s communications just as badly as they communicate with you?

HOW SHOULD YOU COMMUNICATE?

Communicating with parent

If your relationship with the other parent is contentious, then be smart about how you communicate with them. Limit your communication to texting or a parental app and keep it to essential communication about the children. If you don’t have a legitimate issue regarding the children that must be addressed with the other party, then don’t send the text.

ARE YOUR COMMUNICATIONS SUBJECT TO THE JUDGE’S SCRUTINY?

Be smart. Anything you communicate in writing to the other parent can (and will be) brought into court as evidence and used against you. Before you send your text ask yourself if you would want the judge to see your text. And ask yourself if your text shows you in a flattering or derogatory light to the judge. Offensive and disparaging comments aimed at the other parent will be used to show your lack of fitness as a parent.

HOW SHOULD YOU RESPOND TO COMMUNICATION?

If you are receiving derogatory communication from the other parent, learn to have self-control when you receive a text that upsets you. There’s no law saying you must respond immediately.  In fact, the communication you receive may not require any response at all. Be the bigger person, as nothing is gained by keeping the bantering going. If you engage with the other parent, the judge considers you just as bad as the person who sent the original text. Just remember, inappropriate texts and responses can be used against you in court.

IN SUMMARY

While the other parent may poke at you via text, email, or calls, this is the time for you to dig deep and develop self-control about how and when to interact with the other parent. Take control and learn to select when you will respond, and how you will respond (if at all). Taking back control will lower your anxiety and reduce the back and forth between you and the other parent. And if your case does end up in front of the judge, you have not given the judge anything to hold against you.

LET ME WORRY ABOUT WHAT MATTERS MOST … YOUR FAMILY.  GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

The hallmark of my family law practice is providing you with top quality legal service by being intensely responsive to my clients. I will work hard to protect your rights to your children and property by helping you to secure the best possible outcome to complex legal situations, and giving you your strongest voice in the family law process.

To schedule a consultation or learn more about our services, contact Schmitt Law, PLLC online or call (616) 608-4634. Our office is located at 411 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

How Much Will Your Divorce Cost?

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The number one question posed during any initial interview is “how much will my divorce cost”. Unfortunately, there is no one size fits all answer. So, why do some divorces cost more than other divorces?

The following is a list outlining how your divorce may cost more than other divorces:

Collaborative Divorce

1. THE ATTORNEY.  Your selection of attorney will drive the cost of your divorce.  If you have a simple divorce, it’s not necessary to hire an attorney who charges $500 an hour. If you have a more complex divorce, you’ll need to hire an attorney who has the years of experience to appropriately address the issues in your divorce case. And yes, this means a higher hourly rate than an attorney with little experience. The average range of hourly rates are between $250-$500 an hour. Once again, hourly rates can be largely dependent on the years of experience of the attorney and their experience in a specific subject matter.

2. THE FIGHT.  If you and your spouse fail to reach an agreement at mediation or through negotiations, and your case moves to trial, your case will cost much more than parties who were able to resolve their issues without trial. If you and your spouse are fighting over everything and are unable or unwilling to limit the issues for the trial judge, your trial will be several hours or days long, driving up your attorney’s fees. Be prudent over what you “fight” about. Review the cost benefit analysis before you engage in the fight. 

3. COMPROMISE.  Compromise can be the key to saving cash in your pocketbook, and preventing unnecessary emotional agony. If you and your spouse are willing to compromise over some or all of your outstanding issues in your divorce, your divorce can be finalized without the need of a painful and expensive trial. You can control your legal fees by your willingness to make compromises with your spouse and to negotiate effectively with the mindset you want to reach an agreement and avoid a costly trial. 

4. DISCOVERY.  If you have a complex case requiring a lot discovery, it will increase the cost of your divorce. Your attorney will provide you with a list of discovery items you will need to compile and provide to them. The attorney will then need to review these documents and determine what must be shared with the other party/attorney. Your case may require subpoenas to be issued to obtain information unavailable to either party. Or it may require interrogatories to be sent to the other party or require you to respond to interrogatories you receive. Your case may require depositions. The deeper we get into the discovery process, the more fees, and costs there will be.  Make the process easier for your attorney and compile as much information as you can early in your divorce process. 

5. YOUR NEEDS.  Some clients require more attention than others. Each time your attorney responds to your call, emails, or texts, you most likely will be billed for their time. Of course, communication with your attorney is necessary. But you may want to think through whether you need to reach out to your attorney with every little issue. You can control some of your legal fees by limiting your communication to what is really necessary.

COLLABORATIVE DIVORCE – THE LITIGATION ALTERNATIVE

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

Divorce is a stressful and difficult process. That’s why more couples are turning to the collaborative divorce process. A highly trained team of professionals work together with you to develop a fair, open and child centered resolution. If you want to avoid going to court, reach your own agreement, and promote positive co-parenting post-divorce, the collaborative divorce process may be an alternative for you. 

Laurie K. Schmitt, founder of Schmitt Law, PLLC, is an Attorney, Mediator, and Collaborative Divorce lawyer. When possible, she guides her clients through amicable divorce settlements so they can move forward with their life. Contact Laurie online or by calling (616) 608-4634 to schedule a consultation to discuss the collaborative divorce process and how it can benefit you.

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

What Is A Retainer Fee?

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WHAT IS A RETAINER FEE?

A retainer fee is an amount of money you pay upfront to your attorney before legal services are provided to you. Think of it as a down payment you make to your attorney to guarantee that you are provided with legal services later. 

WHEN IS A RETAINER FEE PAID?

Divorce

A retainer fee is paid in advance of the legal services being provided to you. Some attorneys require the entire retainer fee to be paid in full prior to any work being done on your case. Other attorneys may allow payments to be made on the retainer fee. 

WHAT IS THE PURPOSE OF A RETAINER FEE?

The purpose of a retainer fee is to secure the services of the attorney you want to hire, and to ensure your attorney is paid for the time they spend on your case.

HOW MUCH ARE RETAINER FEES?

The amount of a retainer fee varies greatly from attorney to attorney. Retainer fees are typically based on the years of experience your attorney has, the attorney’s hourly rate, the type of legal case you have, and the complexity of your case.

WHAT DOES A RETAINER FEE COVER?

A retainer fee covers payment of the time your attorney will spend on your case (their billable time). It may also cover costs such as filing fees, service fees, postage, and any other cost associated with your case. Your contract should address the specifics of what your retainer fee will be used for. So, review the terms of your contract carefully.

IS A RETAINER FEE REFUNDABLE?

Whether or not a retainer fee is refundable is determined by your contract with your attorney.  Some retainer fees are non-refundable. If a retainer fee is non-refundable, you will not receive a refund of any portion of your retainer (no matter how many or few hours were spent on your case). Other retainer fees are refundable, meaning you will be refunded any unearned portion of your retainer when the case has concluded. Every contract is different, so understand your contract before you sign it.

When hiring an attorney, make sure you understand how much your retainer fee will be, when you will be required to pay the retainer fee, what your retainer fee will cover (legal service and/or costs), and when legal service will begin on your case. If you have questions about retainer fees, or wonder what Schmitt Law, PLLC requires for a retainer fee, contact Schmitt Law, PLLC to discuss.

GET TO THE OTHER SIDE OF YOUR LEGAL JOURNEY WITH SCHMITT LAW, PLLC.  GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC, we understand 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.

More Divorce Questions Answered

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Filing for divorce can be an emotional and confusing experience. You’re searching the internet for answers, and wonder if the information you are finding is correct. Search no more.

The following are a few common divorce questions asked and answered.

CAN YOU CHANGE ATTORNEYS ONCE YOUR DIVORCE CASE HAS BEEN FILED?

Collaborative Divorce

YES.  If your divorce case is ongoing, you may change attorneys. There are two ways to do this. The first is through a stipulation to withdraw. You may release your attorney from your case by signing a stipulation to allow their withdrawal. Your attorney will prepare this document, each of you will sign it, and it will be signed by the judge. Or, if you are retaining a new attorney, your new attorney can prepare a substitution of counsel, which substitutes new counsel for your former counsel. This document will be signed by both attorneys and yourself, and then signed by the judge. 

DO YOU HAVE TO FILE YOUR DIVORCE CASE IN THE STATE YOU WERE MARRIED?

NO.  It doesn’t matter where you were married. What matters is where you live now. You would not file your divorce action in the State you were married unless you are still a resident of that State. All states have residency requirements to file for a divorce. In Michigan, you must be a resident of the State of Michigan for 180 days before filing, and a resident of the county you intend to file in for 10 days.

DO YOU HAVE TO FILE YOUR DIVORCE CASE WHERE YOUR SPOUSE LIVES?

NO.  If your spouse lives in another state, you may seek a divorce in the state you live.

But, if your spouse lives in one state, and you live in another state, you may file only in the state you live in and your spouse is entitled to file in the state they live in. Once again, you must meet the residency requirements to file for divorce (see above answer).

DO YOU NEED TO GET AN ATTORNEY TO FILE A DIVORCE CASE?

NO. There is no legal requirement that you hire an attorney to file your divorce case. However, if you have property, assets, a business, or minor children, it may be in your best interest to hire an attorney. Laws surrounding divorce can be complex. As divorce can be emotional and messy, it’s natural for anyone going through a divorce to want to protect their financial interests and get the best custody outcome possible. Maintaining an objective view of the situation can be difficult when you are struggling with complex emotional issues and personal tensions in your divorce. Hiring an experienced Michigan divorce lawyer, can help you maintain control what you are most concerned about.

CAN I STILL GET A DIVORCE IF MY SPOUSE FAILS TO FILE AN ANSWER?

YES.  Even though your spouse takes no action, you will be granted a divorce. If you filed a complaint for divorce, and your spouse failed to file an answer, then a default is entered in your case and a copy mailed to your spouse. After the default is entered, and the statutory time has passed, you may request a final hearing. At that final hearing, the court will enter a default judgment of divorce granting your divorce. 

DO YOU HAVE TO BE SEPARATED TO GET A DIVORCE IN MICHIGAN?

NO.  You are not required to be separated before you file a divorce case in Michigan.

GET TO THE OTHER SIDE OF YOUR LEGAL JOURNEY WITH SCHMITT LAW, PLLC.  GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC, we understand 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.