Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

616.608.4634

Collaborative Divorce

Rules For Texting, Phone Calls and Social Media

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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.

Rules for Texting

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.

How Long Does It Take To Get A Divorce In Michigan?

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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).

Typically, a divorce will only be completed within these statutory wait periods if the parties agree on the terms of the judgment of divorce (the divorce remains uncontested).  However, many divorces cannot be completed as uncontested divorces.  Because of that, the actual time-frame to complete a divorce in Michigan is based on many factors such as:

Divorce Time Frame
  • The complexity of the case
  • What issues the parties cannot resolve
  • If there is a need for mediation
  • If there is a need to complete the discovery process
  • If there is a need for trial

If the divorce remains contested, the actual date of completion of the divorce will realistically exceed the statutory wait periods.

More commonly seen for time-frames to complete divorces in Michigan is that the process takes between six to nine months. If your divorce remains contested, and a trial is necessary, you can expect to have a trial scheduled and completed within a year of the date of filing. This means if your case requires a trial with the judge, you will not be divorced until a trial is held and a judge makes their final ruling.

If you have questions about how long a divorce takes in Michigan 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.

Questions for the Initial Interview With an Attorney

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Most people are overwhelmed when they find it necessary to meet with an attorney to discuss a possible divorce.  And most people are unaware of what questions they should ask during the initial interview.  It is also true that the biggest issue between a client and attorney is communication.

When you are at the initial interview, you want to make sure that you and the attorney will be a “good fit” and be able to work together effectively.  If the following questions are discussed at the initial interview, there is less likelihood of misunderstandings with your working relationship with the attorney.

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Questions to ask Attorney
  1. How will you communicate with me?  Do you handle most communication via the telephone, email, text, zoom, in person meetings, or a portal?
  2. What time of day and what days are you available to communication with me?  Is it simply regular business hours, or do you allow communication after hours and on the weekends?  If you allow communication after hours or on the weekends, is it via telephone, cell phone, email, or text?
  3. When I contact you, how long will it be before I get return communication from you?  Do you return calls, emails, and texts within a specific period of time?  If so, what is that timeframe?
  4. Are after hours or weekend communication billed at a different rate other than your regular rate of pay?  If so, what is that hourly rate?
  5. Will most of the communication with your office be directly with you or other staff members?  If it is with staff members, will I be charged for that time, and if so, what is that hourly rate?
  6. What is your hourly rate, and is there a minimum billable time?
  7. What will I be charged for?  Calls, letters, emails, communication with your staff?
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If you ask these simple questions during the initial interview, you will have a greater understanding of how the attorney addresses communication with their clients, and whether their style of communication will meet your expectations and needs.  As the divorce process is hard

What Is Considered Marital Property In The State of Michigan?

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Is the house considered marital property?

Property in Michigan

If the house was acquired during the marriage and paid with marital funds, it is marital property.  If one party is to retain the house, the house should be appraised (considering the volatility of the current market).  Once the fair market value has been determined, then we subtract all mortgages and home equity loans from the value to determine the net value of the home.  That net value will be divided equally between the parties.  This means the person retaining the home will owe the other party one half of the net value.  If the house was owned by one the parties prior to marriage, then we have an issue of “separate property”.  Separate property means that one party purchased the house prior to marriage and may have a claim to the equity that was in the home at the time of the marriage.  If this is the case, then it needs to be determined what the value of the home was prior to marriage, minus any mortgage on the home, to determine the net value.  That net value may be given to the party before determining the true net value to be divided.   As an example:

Home purchased prior to marriage

  • Appraised value at time of marriage  $100,000
  • Mortgage at time of marriage                $50,000
  • Net value                                        $50,000

The party owning the home prior to marriage would be given credit for the first $50,000.00 of equity in the home before determining what would be paid to the other party.

Of course, this example is an over-simplification, and further information would be needed before Schmitt Law, PLLC could provide legal advice about your specific case. Also see my blog “Marital Property verses Separate Property” for more information regarding this subject.

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Are bank accounts considered marital property?

If the bank accounts were opened during the marriage, they are marital property.  It does not matter if each party contributed equally to deposits into the account.  This means the person who may have contributed more does not get a larger division of the account, as the entire balance is considered marital for the purposes of division of the account.

Are retirement accounts considered marital property?

For the purposes of this blog, I will provide a simple answer.  If the money in the retirement account was acquired prior to marriage, and no other monies were deposited into the account during the marriage, the account most likely will be classified “premarital” and remain the sole account of one party.  This means it will not be divided between the parties.

If the money in the retirement account was deposited into the account during the marriage, the account will be classified as marital and should be divided equally between the parties.

Note, that this is a complex subject, and should be thoroughly discussed with your attorney, as there are gray areas to this issue that will not be discussed in this specific blog.  Note that this is a complex subject, and the answer provided is an over-simplification of the subject.  Further information would be needed before Schmitt Law, PLLC could provide legal advice about your specific case.

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Are vehicles, boats, or other recreational vehicles considered marital property?

 If the vehicle was purchased during the marriage, it will be classified as marital property.  The most typical scenario is that one party will retain the vehicle, the equity value* of the vehicle will be determined, and the other party will receive credit for one-half of the equity value.  Another scenario is that the vehicle may be sold, and the proceeds divided equally between the parties.

If the vehicle was purchased prior to the marriage, and marital funds were not used to purchase or pay for the vehicle (or any loan), the vehicle most likely will be classified “premarital” and remain the sole property of one party.  This means that not equity value will be shared with the other party.

* Equity value: the market value of a specific item, minus any loan owed on the item = equity value

Are wedding rings considered marital property?

 Engagement/Wedding rings are conditioned on the marriage taking place.  If you were married, then the ring is considered a gift, and does not need to be returned to the other party.  If there was no marriage, then the ring must be returned.  In a divorce situation, each party retains their respective engagement/wedding rings as their sole personal property.

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Are pets considered marital property?

In the State of Michigan, animals are considered “personal property” for the purposes of property division.  Some judges in Michigan treat dogs like any other personal property, in which case the highest bidder for the animal should win. The traditional method is simply assigning fair market value to the dog.

Some judges will consider other issues in determining the division of animals:

  • Nature of the pet, i.e., companion, family pet, service animal. •
  • Sentimental value of the pet to one party versus the other.
  • In which party’s name is the dog registered?
  • Even if the property is separate (i.e., owned by one party before the marriage) it can be transmuted into marital property through use, care, feeding, walks, etc., by the other party.
  • Who purchased the animal?
  • Who is the primary caretaker?
  • Show receipts for veterinary care by one party.
  • Show licensing records.
  • Grooming receipts by one party.
  • Dog training classes by one party.
  • Who feeds the dog?
  • Who buys things for the dog?
  • Neighbors’ testimony that one party always walked the dog,

Also see my blog “Divorce “The New Custody Case – Pets!” for more information regarding this subject.

To discuss solutions with your property division issues, or any other aspect of your divorce process, contact me, Laurie Schmitt, at Schmitt Law, PLLC. I am an Attorney, Mediator, and Collaborative Divorce lawyer.

Collaborative Divorce Process

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We can agree that divorce is a difficult process for a married couple to go through. In the collaborative divorce process, the focus is on cooperation, not litigation.

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.

A few of the differences between the collaborative divorce process and a litigated divorce are:

Collaborative Divorce Process
  • The parties agree to the collaborative divorce process and agree to resolve their differences without court intervention.
  • The emphasis is on fashioning solutions that take into account each of the party’s needs and goals and keeping the attention on the needs of their children.
  • The parties look to reach a fair and equitable settlement of all their issues, while  maintaining control of the final outcome.
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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.

The collaborative divorce process requires the parties to commit to work together, and agree to forgo litigation.  When the parties share the mindset that they want to control the end result of their divorce, and want to make decisions in the best interest of their children, the collaborative divorce process is a great solution to protracted and expensive litigation.

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 to schedule a consultation to discuss the collaborative divorce process and how it can benefit you.

Preparing For The Initial Consultation

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You made the appointment for your initial consultation and now wonder what you should bring to the first meeting with the attorney.  For the attorney to prepare a snapshot of your case, you should be prepared to answer questions regarding your finances and property holdings.  To make the most of that first meeting, I suggest having the following information and/or documentation with you:

Consultation for Divorce
  1. List of all bank accounts.  Provide account numbers, current balances, and statements for the last three months for each account.  (savings, checking, CD’s, credit unions)
  2. Copies of titles and registrations for all vehicles, boats. etc.
  3. Blue book values on all vehicles and boats.  Print reports for private party values for each vehicle and/or boat.
  4. Warrant Deed and statements reflecting mortgage balances owed for all real estate.
  5. Copy of Appraisal for home (if recent).
  6. Copies of life insurance policies.
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  1. Most recent property tax statement and any recent appraisal reports for all real estate.
  2. Statements for each retirement account statements (401k’s, IRA’s, 403B’s, pensions, profit sharing, etc.).
  3. Statements for investments (stocks, bonds, mutual funds, etc.).
  4. Information for inheritance received during the marriage.
  5. List all credit cards and other debts (mortgages, car loans, home equity lines of credit) indicating whether joint or individual, and balance owed, and provide copies of statements for the last three months for each.
  6. Documents for all other indebtedness.
  7. Any financial statements recently prepared (ex: for loan applications).
  8. Recent paystubs for both spouses.
  9. The last three years’ tax returns with W-2’s and schedules attached.
  10. Business interests, corporate stock certificates, etc.
  11. Franchise agreements.
  12. Employment Contracts.
  13. Lease agreements.
  14. Copy of household budget if used.
  15. Prenuptial or postnuptial agreements.
  16. If you have children under 18:
    • Verification of yearly daycare costs
    • Information on, or copy of, current health care cards
    • Cost of employer provided health insurance with breakdown for costs for self and cost for self with family
  17. Often, attorneys do not need to review all of these documents at the initial interview.  However, having the information in your hands during the first meeting will assist you in answering questions regarding your finances.  And the more specific the information you can provide to the attorney, the better the legal advice will be.

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.

Contested vs. Uncontested Divorce

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One question I receive often is what is the difference between a contested and uncontested divorce.  The following chart diagrams the difference between the two types of divorces:

CONTESTED DIVORCEUNCONTESTED DIVORCE
A summons and complaint for divorce is filed with the court. A summons and complaint for divorce is filed with the court.
The opposing party is served with the summons and complaint for divorceThe opposing party is served with the summons and complaint for divorce.
The opposing party may file an answer to the complaint for divorce.The opposing party may file an answer to the complaint for divorce.
The affidavit of service is filed with the court showing that the opposing party was served with the complaint for divorce.The affidavit of service is filed with the court showing that the opposing party was served with the complaint for divorce.
The court sets a scheduling conference – This hearing is where the court sets dates for mediation and discovery.The court sets a scheduling conference – This hearing is where the court sets dates for mediation and discovery.
Discovery is exchanged – discovery is a process in which each party asks the other for documents.  These documents include, but are not limited to: deeds, titles, registrations, appraisals, life insurance policies, retirement account information, credit card and other indebtedness, paystubs, tax returns, business documents (if one party owns a business), and any other documents specific to the parties.   The parties work together to craft the terms of their judgment of divorce.  These will include provisions for custody, parenting time, division of real and personal property division of assets and debts, and any other provisions specifically related to the parties’ divorce.
Mediation is held – mediation is a process wherein the parties meet with a third-party neutral trained in domestic relations mediation. The mediator assists the parties in reaching an agreement.  If the parties are unable to reach an agreement, the case moves forward in the court. Once the parties reach an agreement, and after the statutory time has lapsed, a final hearing is set and held and the parties are now divorced.
The court sets a settlement conference –A settlement conference is a hearing where the court meets with the attorneys and parties to address the outstanding issues and see if settlement can be reached. 
If the parties are unable to reach an agreement at the settlement conference, the case is set for trial. 
Trial is held wherein both parties present testimony to the judge.  The judge reviews the testimony and makes the final decision on the outstanding matters. 
A judgment of divorce is drafted to comport with the judge’s ruling, the judge reviews and signs the judgment of divorce and the parties are now divorced. 
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As you can see, a contested divorce is a much lengthier process, and more costly and time consuming.  A contested divorce puts all of the control of the outcome of the parties’ divorce into the hands of the judge.  An uncontested divorce allows the parties to maintain total control of the outcome.  When parties are able to reach an agreement through an uncontested process, they are more satisfied with the results, and rarely need to return to court for post-divorce matters.

For more information about how an uncontested divorce can work for you, contact me, Laurie Schmitt, Attorney at Law, at Schmitt Law, PLLC, by calling 616-608-4634.

What Is A Child Centered Divorce?

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You may be thinking what is a child centered divorce, and can a child centered divorce really be achieved?  A child centered divorce is where the parties are concerned about the impact of their divorce on the children and maintain the focus of the divorce on the needs of the children.  And yes, this can be achieved.

The following are important points you should know about a child centered divorce:

1.         Make your divorce “all about the children”, and agree to work together to keep the children’s emotional needs as their focus of the divorce.  This means that the parties’ actions, now and in the future, will be in the best interests of their children, and they will make their decisions and continue to communicate with this in mind.

Child-Centered Divorce

2.         The parties are banned from discussing details of the divorce litigation with them. This is not to say that they children should not be told about the divorce.  But information provided to the children must be in the most general terms, age appropriate, and without specific details or viewpoints.

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3.         Do not disparage the other or their family members in front of the children.  The parties shall refrain from disrespecting the other or their families and friends, and shall refrain from making disparaging remarks, false statement, and false accusations about each other and encourage their friends, relatives, and neighbors to avoid making the similar remarks.

4.         Agree never to place the children in the middle of the divorce.  It may be difficult to refrain from talking about the divorce, but with a little willpower, it can and should be done.  Children love both parents and should not be placed in a position that they feel they must take your side or choose between their parents.  Therefore, there should be no discussion, derogatory comments, or questioning of the children concerning the other parent, the other parent’s relationships, or the other parent’s activities.

5.         Children should be assured that they are not the cause of the divorce, and that both of you still love them even though you will not be living together as a family any longer.

In summary, children should be left out of disputes, and certainly do not need to know specifics about the divorce litigation.  The parents are the ones who should carry that burden of the divorce process, not the children.  Support the children by being civil to one another, and understanding that the children may be struggling with this process as well.  Put the children’s needs first to avoid putting the children through needless drama.

For assistance with your divorce process, contact Schmitt Law, PLLC to schedule an appointment.