Collaborative Divorce

Truth Leads To Trust

April 15, 2022 By Laurie Schmitt

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

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

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

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

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

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

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

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

Michigan Divorce Attorney

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

How To Waste Your Money After Retaining a Divorce Attorney

April 11, 2022 By Laurie Schmitt

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

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

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

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

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

April 1, 2022 By Laurie Schmitt

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

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

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

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

What Does “Verified” Mean?

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

Going through the Court to solve your divorce.

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

What Are My Divorce Options?

March 28, 2022 By SchmittLawAdmin

You are ready to move forward with a divorce. But you have no idea how to get started, and are overwhelmed with all the various terms you find relating to divorce.

When a client arrives for their initial consultation with Schmitt Law, PLLC, they often have no idea of what their options are to obtain a divorce. In the initial consultation, we take the time to discuss the options available to the client to ensure that they select the option that best fits their needs.

The following is a list of options available to parties who are seeking a divorce.

PRE-DIVORCE FILING MEDIATION: Mediation is a process that allows you and your spouse to resolve conflict in a peaceful manner. You and your spouse meet with a neutral third party who is trained in the mediation process (the mediator). The mediator will assist you and your spouse in discussing the outstanding issues, helping both of you review your options, so that you may reach an acceptable outcome of your differences. A pre-divorce filing mediation is held prior to the complaint for divorce being filed. The parties reach a full agreement on their outstanding issues and then proceed to the filing of the complaint for divorce.
MEDIATION AFTER FILING: This process is the same as the pre-filing mediation, with the difference being that the mediation is held after the complaint for divorce has been filed and served on the other party.
COLLABORATIVE DIVORCE PROCESS: In the collaborative divorce process, the parties resolve their issues in a respectful manner, using a team approach. The team assists the parties in crafting solutions in the best interest of each party, without involving the judge to make their final decisions. In the collaborative divorce process, the parties, their respective attorneys and a coach meet in a group setting. An agenda is set for each meeting, to assist the team to stay on track. These meetings are designed to encourage the sharing of ideas and settlement options.
UNCONTESTED DIVORCE: Schmitt Law, PLLC offers a process we call “uncontested divorce”. An uncontested divorce is one in which the parties have resolved all of the issues, and there is no need for court intervention. In this process, we work to ensure that the outcome of the divorce reflects the parties wishes. This process allows the parties to maintain total control of their agreement. Schmitt Law, PLLC accepts uncontested divorces for a flat rate fee.
LITIGATION: In this process, the parties are unable to resolve their differences, and the Judge unilaterally decides the outcome of the parties’ divorce. This is the least desirable option for most parties as it is the most difficult, time consuming, and expensive process to obtain a divorce.

Experienced Divorce Attorney

We understand that filing for divorce can be an emotional and confusing experience. That is why we are committed to providing personalized service to each client we represent and will be with you through this difficult journey. We are prepared to guide you in all aspects of your case.

To discuss your circumstances and legal options, contact Schmitt Law, PLLC online or call (616) 608-4634 to schedule a consultation.

The Collaborative Divorce Process: What Is a Financial Neutral?

March 21, 2022 By Laurie Schmitt

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

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

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

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

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

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

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

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

Considering Divorce? Learn your options with Schmitt Law, PLLC

Contemplating a divorce can be one of the hardest decisions to make in life. There are many complexities involving the divorce process, making it overwhelming for most. However, know that you are not alone, and help is available. At Schmitt Law, PLLC we are here to answer your questions, ease your concerns, and protect your rights.

To book a consultation, contact Schmitt Law, PLLC online or by calling (616) 608-4634.

What Is The Collaborative Divorce Participation Agreement?

March 7, 2022 By Laurie Schmitt

You and your spouse have decided to seek a divorce and have agreed to the collaborative divorce process. You have retained your collaborative divorce attorneys. Now you are being asked to sign a collaborative divorce participation agreement. What is the purpose of this agreement and what does the agreement contain?

The purpose of the collaborative divorce participation agreement is to ensure that the initial team (husband, wife, and their respective attorneys) understand the principles of the collaborative process. It also identifies that the collaborative team may expand to include a financial neutral, or other necessary professionals.

The collaborative divorce participation agreement contains the following provisions:

It identifies the goals of the team.
It contains an agreement that the parties will not seek court intervention.
It lists cautions to the participants that the process cannot eliminate disharmony, distrust, and differences that may have existed in the past, but that the parties will commit to create an atmosphere of harmony, trust, and cooperation moving forward.
It states that the parties agree to negotiate in good faith.
It states that the parties agree to make a full and fair disclosure of all assets, income, debts, and other relevant information necessary to reach settlement.
It states that the parties will maintain a high standard of integrity, not take advantage of each other, and will not mislead each other.
It preserves the parties’ financial status quo while the parties are involved with the collaborative divorce process.
It states that the parties agree the professionals are entitled to be paid, and that the parties have individual financial responsibilities to their respective attorneys.
It states that if experts and consultants are necessary, the team will agree to retain them jointly.
It discusses confidentiality in that the team will treat all information provided during the collaborative process as confidential.
It discuses the participants rights and obligations pending settlement.
It discusses termination of the collaborative process after settlement and termination of the collaborative process without settlement.
It states that both attorneys are disqualified from representing either party in any adversarial or contested court proceeding, that all team members are disqualified as witnesses, and that their work product will be inadmissible as evidence in any court proceeding.

Before signing the collaborative divorce participation agreement, the team will have a discussion and fully review the provisions to ensure the parties have a complete understanding of the agreement.

Collaborative Divorce – The Litigation Alternative

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.

Informed Decision Making In A Divorce

February 23, 2022 By Laurie Schmitt

There have been many times meeting with new clients that they state they want their divorce to be quick, simple, and inexpensive. They want swift closure to the case, so that they can move on in their lives. However, the mindset of “let’s get this done fast” can lead to clients making poor financial choices. And the choices clients make during their divorce can have long lasting financial impact on their future.

There are many financial decisions to be made when getting a divorce such what party will retain the house or will the house be sold, what is the value of the marital home, how much child support am I entitled to, how much spousal support am I entitled to, what will be the division of the stocks, bonds and retirement accounts, and who will be responsible for the debts acquired during the marriage.

So, what does it mean for clients to make informed decisions about the matters listed above? In order for clients to make informed decisions regarding financial matters, it is necessary to know the client’s assets, debts, and income – a spreadsheet of their finances is required. In order to obtain a full picture of a client’s financial position, it requires documents to be gathered and analyzed. Once the attorney has a full picture of the client’s financial position, it is then that the attorney can provide solid legal advice to the client.

There are times the necessary financial documents and information are easily obtained. Other times, it requires third parties to assist such as appraisers, financial advisors, and accountants. If the parties cannot agree on value of the business, marital home, or personal property, appraisers need to be hired. If there are complex issues in a specific case, it is not uncommon for the parties to have discussions with their financial advisors, and for the attorney to defer to an accountant to assist with review and preparation of a financial spreadsheet.

Clients grow weary during the divorce process. And at times clients fail to see the value in appraisals and third-party assistance. However, it is then that the attorney must educate the client as to the reasons to obtain an accurate picture regarding their financial status so that a fair and equitable division can be made. And, without accurate financial information it is difficult to calculate what is appropriate for child support and spousal support.

Because financial decisions made during a divorce impact the clients for a significant period of time, or for a lifetime, it is imperative that clients be educated to the value of “getting it right” the first time, to eliminate “buyer’s remorse”. Clients must understand that there is no second bite of the apple when it comes to property and debt distribution.

For more information about your rights as it pertains to divorce, contact me, Laurie Schmitt, Attorney at Law, at Schmitt Law, PLLC, by calling 616-608-4634 or on the following link: https://laurieschmittlaw.com/contact/

Rules For Texting, Phone Calls and Social Media

February 7, 2022 By Laurie Schmitt

If you have a contentious relationship with your soon-to-be ex, then the first statement I make to clients is to limit their communication with the other party to texting only, and to essential communication about the children. If it is not a legitimate issue that must be addressed with the other party, then do not send the text.

Be mindful that anything you text can be brought into court as evidence and used against you in a custody hearing or trial. Think before you send that text “do I want the judge to see this text?”.

Learn to have self-control when you receive a text that upsets you. You DO NOT need to respond immediately, or perhaps not at all. Nothing is gained by keeping the bantering going. This may sound easy, and I respect that it is not. It is critical for couples who do not get along to find a way to effectively communicate (leading to effective co-parenting). And, inappropriate texts/or responses to them can be used against you in court.

To address social media, my statement to clients is to not litigate their case on social media sites. Do not post inappropriate comments or pictures, or any information about your case. The information or pictures you post can be used against you in court. Again, ask yourself “do I want the judge seeing this information or pictures and will this put me in a bad light in front of the judge?”. Bad behavior on social media sites really cannot be explained away in front of a judge. For additional information about social media see my blog “I want to win custody of my children, but I love Facebook…”.

To summarize, while the other party may poke at you via text or phone calls, this is the time to dig deep and develop self-control about how and when to interact with your spouse. Learning that you do not need to respond immediately, or at all will lower your anxiety, hopefully reduce the back and forth between the two of you, and will protect you in the event that your case is required to be heard by the judge.

If you have questions about communicating with the other party while going through a divorce or custody battle, or any other questions related to the divorce process, contact Schmitt Law, PLLC and set up an appointment. Give us a call at 616-608-4634.

Collaborative Divorce

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