Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

616.608.4634

Collaborative Divorce

Common Sense Divorce Rules

By

The following are common sense rules for couples in the midst of a divorce. 

THE “DO’S”

  • Do start making a list of your debts (and their balances as of the filing date of the divorce).
  • Do start making a list of your retirement accounts (and their balances as of the filing date of the divorce).
  • Do maintain the household expenses – “status quo”.
  • Do start working with your spouse to discuss division of personal property.  After all, who wants to spend money on an attorney to help you divide your “stuff”.
  • Do start having discussions with your spouse about finances.
  • Do start having discussions with your spouse about the disposition of the marital home.  Do either of you want to keep the marital home after the divorce or do both of you agree to sell it. 
  • Do discuss with your spouse how and when you will tell the children that you intend to file for a divorce.
  • Do seek counseling for yourself or the children, if necessary.
  • Do remain or get active with your children and their education.
  • Do prioritize your children and their emotional needs during this difficult time.
  • Do start thinking about your budget post-divorce.
  • Do make your discussions with your spouse productive. 

THE DO NOT’S” 

Do’s and Don’ts Divorce

And yes, this list tends to be much longer!

  • Do not hide, give away, or destroy personal property.
  • Do not give away pets.
  • Do not remove money or empty out your retirement accounts.
  • Do not cancel health, auto, or life insurance policies (for your spouse or the children).
  • Do not cancel utilities associated with the marital home.
  • Do not cancel your spouse’s cell phone service.
  • Do not take out any new loans (such as personal loans, or home equity loans).
  • Do not cash out life insurance policies.
  • Do not sell real property (without an agreement between the parties).
  • Do not sell vehicles (without an agreement between the parties).
  • Do not run up credit cards.
  • Do not make large purchases such as a house or vehicle.
  • Do not change your children’s school (without an agreement between the parties).
  • Do not stalk or harass your spouse (this even means excessive texts, calls, and emails).
  • Do not discuss the divorce in front of your children.
  • Do not ask your children who they want to live with (as adults and judges make this decision, not children).
  • Do not alienate your children from your spouse.
  • Do not ask your children to take sides.
  • Do not discuss your divorce on social media.

AN ATTORNEY WHO UNDERSTANDS YOUR CIRCUMSTANCES

At Schmitt Law, PLLC, our clients benefit from years of experience. We treat every client as an individual, taking the time to understand your unique situation, so as to best advise you on the steps you should take. Whatever stage your life is at, you can trust Schmitt Law, PLLC to guide you through the legal process with expertise and compassion, because we understand that family comes first. Contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

What is a Pre-Filing Strategy Meeting?

By

After the consultation, many clients contact Schmitt Law, PLLC for a pre-filing strategy meeting. What is a pre-filing strategy meeting and how can it help you?

WHAT IS A PRE-FILING STRATEGY MEETING?

A pre-filing strategy meeting is more in depth than an initial consultation. Consultations are broader in nature, whereas pre-filing strategy meetings focus on specifics…what you should do to prepare for your divorce filing.

WHAT DO WE TALK ABOUT IN A PRE-FILING STRATEGY MEETING?

Prefiling Strategy Meeting

These conversations are designed to meet the individual needs of each client. We may discuss financial issues, how to protect your assets, and other topics of concern to the client.

Most of all, we talk about what matters most to you – what your greatest concerns are.

HOW CAN A PRE-FILING STRATEGY MEETING HELP YOU?

In a pre-filing strategy meeting, we will outline what you should be doing before the divorce filing, and how you can avoid pre-filing mistakes that may harm you later in your divorce. It’s better to start your divorce on the correct foot, than to pay the price in front of judge for making a bad decision before filing.

CAN I/SHOULD I?

Clients have many questions about what they can or should do before filing for a divorce. Many of these questions require more information than can be covered in an initial consultation. That is why a pre-filing strategy meeting is valuable.

The following are examples of questions presented to Schmitt Law, PLLC in a pre-filing strategy meeting.

            Before filing the divorce …. “CAN I/SHOULD I”: 

  • Buy a new car?
  • Withdraw money from retirement accounts?
  • Change beneficiaries on life insurance policy?
  • Remove your spouse from your health insurance policy?
  • Sell real property and retain the proceeds?
  • Sell personal property and retain the proceeds?
  • Give personal property to friends and family?
  • Continue using credits cards?
  • Open new credit cards?
  • Change employers, reduce, or increase my hours, or quit?
  • Pay off debts that are solely in your name?
  • Take out loans?
  • Refinance the marital home?
  • Take out a home equity loan?
  • Do major renovations in the marital home?
  • Clean out the house and garage – downsize the junk?
  • Have a garage sale?
  • Donate household items?
  • Make changes to my tax withholding’s or retirement deductions?
  • Purchase a new house?
  • Move into an apartment?
  • Move and take the children?

If you find yourself prepared to move forward with your divorce, and have concerns as listed above, a pre-filing strategy meeting may be valuable to you.

EXPERIENCED DIVORCE ATTORNEY

At Schmitt Law, PLLC, we are here for you each step of the way in your divorce. From planning your first steps, to approaching your separation, to helping you understand your rights, to signing the final documents.  We can help you navigate the separation and divorce process. To get started today, book a consultation online or by calling Schmitt Law, PLLC at (616) 608-4634.  Whenever you are ready, we are here for you.

How To Divorce Without Regret

By

Divorce can be a painstaking process of dividing your lives, your finances, your debt, and your children. Is there really anything that spouses can do to make the divorce process easier, and to divorce without regret, shame, guilt, or remorse?

There is no rule that you must leave your marriage hating your spouse, harboring anger towards them, or with shame about a failed marriage. You can leave your marriage with respect for the marriage and for the time you spent as a family. You can leave your marriage with your dignity intact.  It’s all a matter of shifting the way you think about the divorce process.

Often, it’s the actual divorce process that creates an even more chaotic situation in the lives of two people who seek to end their marriage.

COLLABORATIVE DIVORCE – A RESPECTFUL WAY TO DIVORCE

Divorce without Regret

Divorce is a painful and emotionally stressful time for everyone. That’s why more couples are turning to the collaborative divorce process.

In the collaborative divorce process, a highly trained team of professionals work together with you and your spouse to develop a fair, open and child centered resolution. The collaborative divorce process allows you and your spouse to reach your own agreement, while promoting positive co-parenting post-divorce. If you and your spouse want to avoid the court battle, collaborative divorce may be an alternative for you.

YOUR CHOICE – YOUR WAY

Who knows your family and their needs better than you and your spouse? The collaborative divorce process empowers divorcing couples – allowing you and your spouse to maintain total control of the outcome of your divorce. You and your spouse make your choices, your way – choices that make sense for your family.

In collaborative divorce, the emphasis is placed transparency and teamwork. Through open and honest discussion, the collaborative process encourages you and your spouse to communicate with one another to create and assess options. Through these options, you and your spouse can reach a settlement that satisfies everyone’s needs – tailored to the needs and interests of your family and allowing you and your spouse to keep your private matters private.

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

At Schmitt Law, PLLC we encourage clients to take a more collaborative approach to divorce that promotes positive communication and cooperation. 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 at (616) 608-4634 to schedule a consultation to discuss the collaborative divorce process and how it can benefit you.

Dads & Divorce: Divorce Tips For Fathers

By

Will you be a good father after your divorce? The following are tips for fathers who find themselves going through a divorce and learning how to parent on their own. 

Dads and divorce
  • DO acknowledge the special moments in your child’s life:  your child’s birthday, their first day at school, school events such as holiday shows/plays, and a “win” at their softball game.
  • DO attend your child’s sporting events, their extra-curricular events, and their school or church events.
  • DO call or video your child on days that you are not exercising parenting time. Stay connected with your child between your visits.
  • DO make your parenting time with the child special. It’s not quantity of time that is important, but quality of time with your child. 
  • DO be “present” during your parenting time (physically and emotionally). Make your time with your child about your relationship with them.
  • DO engage in the daily tasks such as assisting with homework and talking to them about school and their friends.
  • DO listen to your child. Assure them that they are safe to share their feelings with you, and that you are there for them. After all, divorce brings changes that impacts your child.
  • DO find your own holiday traditions that you and your child can share during the holidays. Santa and the Easter Bunny can come to your house as well!
  • DO stay connected with your child’s teachers/school by attending parent-teacher conferences and other school functions.
  • DO be at exchanges of your child on time.
  • DO effectively co-parent with your spouse.
  • DO take an interest in your child’s medical and dental appointments. Perhaps you take turns with your spouse in taking your child to medical and dental appointments. 
  • DO be the best dad you can be!  Remember, they look up to you and love you, and do not expect perfection.

FATHER’S RIGHTS – GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

If you wish to understand your rights as a father, or someone violates them, seek help. At Schmitt Law, PLLC, we help parents work together to create a parenting plan that is in the best interests of your children. Through mediation, collaboration, or litigation, if necessary, our knowledgeable Michigan family law attorney will be your advocate and help you through this difficult time. To schedule a consultation or learn more about our services, contact us online or call (616) 608-4634.

What Should I Ask My Divorce Attorney At The First Meeting?

By

Asking the right questions at the initial interview will assist you in determining if you and the attorney will be a good fit to work together. v And, obtaining answers from the beginning of the attorney-client relationship can set a positive tone between you and the attorney. Remember, this is your interview. You should feel free to ask the attorney anything you have concerns about.

HOW LONG WILL MY DIVORCE CASE TAKE?

Under Michigan law, if there are no minor children of the marriage, the mandatory wait period is 60 days from the date of filing the complaint for divorce. If there are minor children of the marriage, the statutory wait period is six months from the date of filing the complaint for divorce. These statutory wait periods are defined in MCL 552.9(f). Realistically, a contested divorce in the state of Michigan can take 8-12 months.

WHO WILL I ACTUALLY BE WORKING WITH?

Ask My Divorce Attorney First Meeting

Will you be working with the attorney you interviewed with or an associate of the firm?  Understand who you are hiring. If you will be working with an associate, meet them before you retain the law firm. The point of a consultation is to see if you can have a successful working relationship with the attorney. It’s hard to make that determination if you interview with one attorney, and your case is assigned to another attorney you have not met.

HOW WILL THE ATTORNEY COMMUNICATE WITH ME?

To avoid misunderstanding and frustration in your attorney-client relationship, understand how your attorney will communicate with you. Do they prefer communication through email, telephone, or text? Who will you be primarily communicating with – the attorney or their staff?

HOW OFTEN WILL THE FIRM SEND ME INVOICES?

Ask how often the firm sends invoices. You do not want to receive an invoice several months after you have retained your attorney only to find out that your retainer is completely depleted. Better to know each month where you stand financially with your attorney.

WHAT WILL I BE BILLED FOR?

Have a full understanding of what you will be billed for such as calls, emails, texts, document preparation, attendance at hearings, postage, and costs.

DOES THE ATTORNEY HAVE ANY EXPECTATIONS OF ME?

Does the firm have rules about client use of social media during the pendency of your case? Do they have suggestions about how to communicate with your spouse while the case is ongoing?  Do they want to be informed of discussions/issues that arise between you and your spouse, and how often? Does the attorney have other rules that may guide you smoothly through your divorce process?

WHAT DOCUMENTS WILL THE ATORNEY REQUIRE OF ME?

The earlier you begin compiling the necessary documents for your divorce attorney, the easier it will be for you. You can be assured that your divorce attorney will need documents such as your tax returns, paystubs, mortgage statements, deeds, titles, credit card statements, and retirement account(s) statements. Ask the attorney to provide you a detailed list of what they require.

IF YOU ARE READY TO GET STARTED WHAT ARE THE NEXT STEPS?

Typically, this would mean that you need to sign a retainer agreement, make payment of the retainer, and provide information for the attorney to draft the documents necessary to file your divorce.

MICHIGAN COLLABORATIVE DIVORCE ATTORNEY

Schmitt Law, PLLC treats each and every client with understanding. We will address any questions and concerns that you may have in order to structure our representation accordingly. Whether you have a simple, uncontested divorce or a complex legal battle that must be litigated, contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

What Happens at a Divorce Trial

By

There are several ways your divorce can be finalized. Your divorce case can be finalized through negotiations, mediation, arbitration, or trial. If an alternate dispute resolution fails, and your case is set for trial, what can you expect to take place at the trial? The quick answer is at trial your attorney will present the issues, and the opposing attorney will do the same.

The following is an outline of what a day at trial resembles:

FIRST

Divorce Trial

OPENING STATEMENTS:  Opening statements are an opportunity for both sides to make an opening statement to the judge, briefly presenting their issues and the facts they intend to present. An opening statement is an outline presented by the attorneys, giving an overview of what they intend to show the judge at trial.

SECOND

WITNESSES:  Now that opening statements have concluded, witnesses will now take the stand to testify. In a divorce trial, the plaintiff (the person who filed the divorce) will present their witnesses, evidence, and exhibits first.  Once they have completed presenting their case, the defendant will call their witnesses and present their evidence and exhibits.

THIRD

CLOSING ARGUMENTS:  Once both parties have presented all of their evidence, exhibits, and witnesses, it is time for closing arguments. Similar to opening statements, closing arguments are where each attorney will provide statements to the judge that explains the facts that were presented at trial, apply the facts presented to the Michigan law, and argue to the judge for a particular outcome.

LASTLY

WRITTEN ORDER:  After the trial has ended, the judge will review and take into consideration all of the testimony, exhibits, and evidence presented, apply the Michigan case law, and issue a written order. This written order is the judge’s ruling on the issues. After the written order, the plaintiff’s attorney will prepare the judgment of divorce. This judgment of divorce must comport with the findings of the judge’s written order.  Once the judgment of divorce is submitted to the court, the judge will sign the judgment of divorce and the parties are officially divorced.

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

Are you in the Kent, Ottawa, or the Allegan area and have questions about divorce and trial? Laurie Schmitt of Schmitt Law, PLLC has experience bringing divorces to trial and can help you bring your issues to court and obtain an outcome you are satisfied with. Call our Grand Rapids office at 616-608-4634 or contact us through our online form to schedule your consultation.

My Spouse Says… Common Misconceptions of Divorce

By

Divorce Misconceptions

In the initial interview, it’s common for clients to share with Schmitt Law, PLLC statements made by their spouse that the client considers truthful.

The following are just a few statements that Schmitt Law, PLLC has heard over the years, and the truth behind those statements.

  • Statement: I will not be awarded one half of the assets of the marriage because I was not employed outside of the home, or I earned less than my spouse.
    Truth: When it comes to the court dividing assets of the marriage, it does not matter that you did not work outside of the home, or that you earned less than your spouse. It takes a team to build the marital dynasty, and more often than not that dynasty is divided equally at the time of the divorce. 
  • Statement: I am not entitled to any portion of my spouse’s retirement account or pension earned during the marriage.
    Truth: If the retirement account or pension was acquired during the marriage, then it is a marital asset that will be divided equally at the time of the divorce.
  • Statement: I am not entitled to any portion of my spouse’s business interest.
    Truth: If the business was built during the marriage, it will be classified a marital asset, and remains equally divisible between the parties.
  • Statement: I will not be awarded custody of the children or parenting time with the children because my spouse makes more money.
    Truth: The court does not make custody and parenting time decisions based on incomes of the parties. It looks to the best interest factors when making these important decisions – what is in the best interest of the children. In order to equalize the incomes of the parties, child support will be calculated based on the parties’ incomes. 
  • Statement: I will be responsible for one half of my spouse’s student loans acquired during the marriage.
    Truth: The courts do not expect one party to be financially responsible for the other party’s student loans. If you or your spouse has a student loan in your name, you or your spouse will be held responsible for payment of this debt post-divorce.
  • Statement: I will be responsible for all of my medical bills acquired during the marriage because they are in my name.
    Truth: Courts look at medical bills acquired during the marriage as marital debt. These debts are treated as any other marital debt and are equally divisible between the parties.

Note, these are complex issues that may have different answers and outcomes based on the specifics of your case. For the purposes of this blog, I have given basic answers. However, there may be much more to the story. Also, don’t assume your spouse knows the law. Seek a consultation with an attorney to obtain answers to your legal questions.

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

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

Child Support – The Most Frequently Asked Questions

By

One of the most asked about parenting issues is child support. Clients have many questions and misconceptions about how child support works in Michigan. The following are the some of the top questions clients ask when they meet with Schmitt Law, PLLC. For the purpose of this blog, each question contains a brief answer. However, there can be far more to the story! If you require more detailed answers, please contact Schmitt Law, PLLC to arrange for a consultation to discuss your specific case.

HOW IS CHILD SUPPORT CALCULATED IN MICHIGAN?

child support

In Michigan, child support is calculated using the Michigan Child Support Formula. The Michigan Child Support Formula takes into consideration the following major factors: (1) both parents’ gross incomes, (2) the amount of overnights each parent exercises (3) the number of children to be supported (4) health care costs and (5) daycare costs. There are many other factors that can be taken into consideration in determining a party’s child support obligation. Contact Schmitt Law, PLLC for more information about how your child support will be calculated.

WHAT IS CONSIDERED INCOME FOR THE PURPOSE OF CALCULATING CHILD SUPPORT?

Income includes all wages, overtime pay, commissions, bonuses, tips, royalties, interest, dividends, or other monies from all employers. Income also includes earnings from any business, profit sharing, pension or retirement, trust fund, unemployment, or disability insurance. There are many other items that are considered income for the purpose of calculating child support.  Contact Schmitt Law, PLLC for a detailed discussion about what Michigan considers income for the purpose of calculating your child support.

IF I HAVE A CHILD SUPPORT ARREARAGE, CAN I ASK IT TO BE WAIVED?

Neither the court nor Friend of the Court will waive an arrearage unless the parent receiving child support agrees to waive the arrearage. If the parent receiving child support agrees to waive a part or all of the arrearage, they can contact Friend of the Court and sign a document waiving part or all of the arrearage.

WHAT HAPPENS IF I FAIL TO PAY MY CHILD SUPPORT OBLIGATION?

If you fail to make your child support payments, Friend of the Court will take action to enforce the child support order. Some of the consequences for failure to pay support are that you can be  held in contempt of court, your passport can be taken away, your driver’s license can be suspended, other business licenses can be suspended, and you can be sentenced to jail time.

WHEN DOES MY CHILD SUPPORT OBLIGATION END?

In Michigan, child support ends when the child turns 18 years old. However, it can extend to 19.5 years old if the child is still attending high school and lives with the parent receiving the support.

CAN I STOP PAYING CHILD SUPPORT IF I AM BEING DENIED PARENTING TIME?

No! The payment of child support and parenting time are two separate legal matters. If you are not receiving your parenting time as stated in your parenting time order, you need to file a parenting time complaint with Friend of the Court or take action through the court to have your parenting time order enforced.

DO I HAVE A SAY AS TO HOW MY EX SPENDS THE CHILD SUPPORT?

No! There is no specific requirement outlining how the parent receiving child support spends the money. It is assumed that if the child is living with the parent receiving child support, the money is being used for housing, food, and clothing for the child. Child support is for the basic needs of the child, and the parent receiving support may spend the money as they deem appropriate.

DO YOU HAVE QUESTIONS RELATED TO CHILD SUPPORT?  GRAND RAPIDS FAMILY LAW ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY. CONTACT SCHMITT LAW, PLLC.

If you have questions about how your child support will be calculated, contact Schmitt Law, PLLC.  We partner with our clients to find efficient, effective, and fair solutions. Contact Schmitt Law, PLLC online or by calling (616) 608-4634 for a consultation today.