Collaborative Divorce

What Clients Say They Wished They’d Done Differently In Their Divorce

January 18, 2024 By Laurie Schmitt

After your divorce is all said and done, and the ink has dried on your Judgement of Divorce, you look back and wonder. You wonder what you could have done differently in your divorce. Could your divorce process have been easier? Could you have done things differently? Could you have made different decisions? Could you have saved money on attorney’s fees by avoiding fights?

Here is a short list of some of the statements clients have shared on what they wished they would have done differently during their divorce:

Not spent as much money on attorney’s fees fighting over small issues that really mean nothing now.
Not fought over personal property
Been willing to see and understand the viewpoint of their spouse
Stepped back and realized not everything needed to be a war
Picked their battles more carefully
Seen the bigger picture in their divorce
Not disparaged the other parent in front of the children
Not let anger drive their decisions
Kept their children first and foremost in their decisions
Talked to a counselor
Not engaged with their spouse with negative rhetoric
Not lowered themselves and constantly responded to their spouse’s negative behaviors
Not singularly focused on what brought them to divorce
Paid more attention to the business aspects of the divorce and less focus on their emotions
Not made every conversation with their family and friends about their divorce
Learned to maintain a positive perspective about the outcome of the divorce
Not let their anger fuel them
Learned to let go
Not buried their head in the sand and acted as if their marriage wasn’t ending
Thought there could be a reunification with their spouse and failed to pay attention to important decisions that needed to be made in their divorce
Didn’t take their spouse seriously about the divorce action
Waited until the last minute to hire counsel
Not attempted to handle the case without counsel or obtaining any legal advice
Not given in to every demand of their spouse out of guilt
Followed their attorney’s direction better

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.

What Should You Consider When Creating A Parenting Time Plan?

January 11, 2024 By Laurie Schmitt

It’s always best when you and the other parent work together to develop a parenting time plan that meet’s your family’s needs. The court can make decisions about parenting time, but you and the other parent know more about your family’s needs than the judge. If you and the other parent are working to create a parenting time plan, what should you consider?

THINGS TO CONSIDER:

The age and developmental stage of your child. Of course, a schedule for an infant will be very different than a schedule for a teenager.

If your child is in school: Which parent can accommodate the needs of your child? Who can drop off and pick up from school? Who can assist the child in getting their homework completed? Who will make sure the child gets to school on time? What parent can provide a consistent weekday school schedule for the child?

Extra-curricular activities: which parent can provide transportation to and from these activities? Which parent will ensure the child is ready and at their activity on time?

Consider each of your work schedules. It makes no sense to agree on a parenting time plan that one or neither of you can actually do. Even though you may both want a schedule as close to 50/50 as possible, it may not be practical.

How will transportation be handled? Where will parenting time exchanges take place? Will you meet half way at a neutral location? Or will the exchanges take place at your homes?

How will your child get to and from school? Are there buses available from each of your homes? Will you or the other parent be available for drop off and pick up from school?

Days off from school or daycare. What will happen if school or daycare is closed or not available?

What happens if your child is ill and can’t attend school or daycare? Who will be responsible to stay home with your child or take off from work to provide care, especially if parenting time exchanges occur before or after the school/workday? A plan needs to be in place.

How will you share the holidays? You need to have a specific holiday schedule in your order in the event you no longer agree on holiday parenting time. You and the other parent may divide the holidays as you please. But, if you are unable to agree as to the division of holidays, you have the fallback plan in place (the court order specifically listing the holidays and how they will be divided).

Once you and the other parent have agreed to the terms of your parenting time plan, your agreement must be reduced to an order, and signed by the judge. This order will be enforceable by the court and Friend of the Court if it is specific and includes days and times for parenting time.

If you and the other parent seek to have your parenting time schedule have a lot of flexibility, and want parenting time to be “as agreed upon by the parties” or “reasonable parenting time”, then know that these orders would not be enforceable by the court or Friend of the Court (as they are too vague). If you want to have flexibility, but have your order be enforceable, consider using language such as parents will exercise parenting time as agreed upon by the parties. In the event they do not agree, parenting time will be [insert specific parenting time schedule, including times and locations for exchange].

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 Are The Steps Of A Divorce? Part 3

December 28, 2023 By Laurie Schmitt

In this multi-part blog series “What are the steps of a divorce” we continue our journey into the divorce process.

You have now served your spouse with the divorce documents, and wonder what’s next in the divorce process. If you are living apart, it may be time to establish temporary orders.

TEMPORARY ORDERS

Temporary orders are orders that remain in effect through the pendency of your divorce case, or until a new court order is entered. Temporary orders may consist of establishing custody, parenting time, and child support, or address financial issues such as payment of the marital debt, household expenses, and spousal support.

• Temporary custody and parenting time order: Until there is a temporary order on custody and parenting time, both you and your spouse have equal rights to the children. It is important in the early stage of your divorce to establish custody and a specific parenting time schedule. Temporary orders on custody and parenting time will avoid the inevitable war of fighting over the children. Nothing worse that having the children held from you because you failed to seek a temporary order defining parenting time.

• Temporary order for child support: A temporary order on child support may be needed if you no longer reside in the same household with your spouse. As there is a minimum statutory wait period of six months to complete a divorce when there are minor children involved, you need to get child support established as soon as possible.

• Temporary order on household expenses and debt: Whether you are living in the same household or not, you should address how the household expenses and marital debt will be paid. Judges do not want to see assets be dissipated because of lack of payment (such as mortgages and car payments). And, debt must be paid, and paid on time, to preserve credit scores. A temporary order regarding finances can prevent the battle with your spouse about what debts will be paid, and who will be responsible to pay them. The court will expect status quo concerning payment of the marital bills during the pendency of your divorce. This will include all bills and expenses you and your spouse customarily pay to preserve the martial assets in the marital estate, including marital debts.

• Mutual restraining order: A mutual restraining order is a document prohibiting you and your spouse from disposing or hiding the parties’ assets. By having the court enter a mutual restraining order, it alleviates the concerns that either party may legally dispose or hide the marital assets. A mutual restraining order may include:

Protection of assets and liabilities of the marriage
Protecting insurance and beneficiary designations
Preventing either of you from canceling or removing the other from health insurance policies
Prohibiting either of you from cashing out or removing money from any pension, retirement, savings, or checking accounts
Preventing either of you from canceling credit cards, increasing credit card limits, or obtaining new credit
Preventing either of you from destroying, hiding, or diverting U.S. Mail to the other party

You will be permitted to make payment of the ordinary, usual, customary, and historic payment of bills and expenses of the marriage.

CONSIDERING DIVORCE? LEARN YOUR OPTIONS WITH SCHMITT LAW, PLLC. GRAND RAPIDS DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

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

To read Part I of this series please click the link : https://laurieschmittlaw.com/what-are-the-steps-of-a-divorce-part-one/

To read Part II of this series please click the link: https://laurieschmittlaw.com/what-are-the-steps-of-a-divorce-part-two/

What Are The Steps Of A Divorce? Part Two

December 25, 2023 By Laurie Schmitt

In this multi-part blog series “What are the steps of a divorce” we continue our journey into the divorce process.

You have now drafted all of the required divorce documents, filed them with the court, and paid your filing fee. Now, what’s next?

SERVICE OF THE DIVORCE DOCUMENTS

After the Verified Complaint for Divorce, Summons, and Record of Divorce has been filed with the clerk of the court, and the Summons has been issued, these documents must be served on your spouse. Service can be in person (voluntary or by a process server) or by mail.

Your spouse must be served within 90 days from the date the Clerk of the Court issues the Summons: service may be accomplished either through a private process server, any third party over the age of 18, or via U. S. Mail (certified/return receipt – restricted delivery).
After your spouse has been served, he or she will have 21 or 28 days to file an Answer (21 days if personally served and 28 days if served through U.S. mail)

AFFIDAVIT OF SERVICE

After your spouse has been served, you must prove to the court that your spouse has been served with the divorce documents. You “prove” to the court service has been completed by filing an Affidavit or Service with the clerk of court. The Affidavit of Service shows the court the name of the person who served your spouse, as well as the date, time, and location of service. If you have had a third party (friend or process server) serve your spouse, they must complete the Affidavit of Service (found on the second page of the Summons). If your spouse accepted service voluntarily, your spouse may complete the Acknowledgment of Service (found on the second page of the Summons), and then this must be filed with the court.

TIME LIMITS FOR DEFENDANT TO FILE AN ANSWER

After your spouse is served with the Summons, Verified Complaint for Divorce, and Record of Divorce your spouse will have:

21 days to file a written answer with the court – if served personally
28 days to file a written answer with the court – if they were served by mail or served outside of the state

DEFAULT

After the Verified Complaint for Divorce, Summons, and Record of Divorce are served on your spouse, they must file an answer with the clerk of the court within specific time limits. If your spouse fails to file an answer within the time allowed, a default must be filed and entered against them. After the default has been entered by the court, you can proceed with the divorce case, and request the court for a default judgment to be entered (after the required statutory wait period).

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.

To read Part I of this series please follow this link: https://laurieschmittlaw.com/what-are-the-steps-of-a-divorce-part-one/

What Are The Steps Of A Divorce? Part One

December 21, 2023 By Laurie Schmitt

In this multi-part blog series “What are the steps of a divorce” we will discuss the process of a divorce from the start to finish.

PREPARATION OF THE INITIAL DOCUMENTS

THE VERIFIED COMPLAINT FOR DIVORCE

To start a divorce proceeding, you must file a Verified Complaint for Divorce in the county where you reside. In a Verified Complaint for Divorce the party filing the divorce is known as the Plaintiff.

If you are filing the divorce action you will be required to state the following:

You have resided in Michigan for 180 days or more
You have resided in the county they are filing the divorce action in for 10 days or more
The date, city, and state where the marriage was performed
Name and birth dates of children
Date of separation (if no longer living together)
Identify any other county or state that has jurisdiction over the children
Identify any other county of state that the party has another child custody proceeding in
Identify any person not a party to the divorce who has physical custody of the children or claims legal or physical custody or parenting time rights with the children
List any information that could affect a child custody proceeding, including a proceeding for enforcement, a domestic violence proceeding, a protective order, termination of parental rights, or adoption in any state
A claim for spousal support (if you are requesting spousal support from your spouse)
A claim for attorney’s fees (if you are requesting your spouse pay for your attorney’s fees)
And that “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved”

The Verified Complaint for Divorce will be signed by you, in front of a notary public.

THE SUMMONS

In every divorce filing you will be required to file a Summons.

The Summons is a document filed with the Verified Complaint for Divorce and served on the Defendant (responding party to the divorce). The Summons notifies the Defendant an action has commenced against them and sets forth the time limits within which the Defendant must file an answer.

The Summons also identifies the date the Summons was issued and the expiration date of the Summons. If the Summons is not served on the Defendant before the expiration date, the Summons is no longer valid.

This document is filed with the court at the time you file your Verified Complaint for Divorce.

IF THERE ARE MINOR CHILDREN OF THE MARRIAGE

If you have minor children of the marriage, you will be required to complete a Verified Statement and Application for IV-D Services and Uniform Child Custody Act Affidavit. These documents are filed with the court at the time you file your Verified Complaint for Divorce.

RECORD OF DIVORCE

This document must be filed for every divorce, whether there are minor children of the marriage or not. A Record of Divorce requires you to state the following:

Your full name, birth date, last name before you were married (if different), the city, county, and state you live in, your birthplace, and the number of this marriage (You will need to provide the same information for your spouse)
Place of marriage
Date of marriage
Date you last resided in the same household (if you are separated)
Number of minor children in your household

This document is filed with the court at the time you file your Verified Complaint for Divorce.

FILING THE DOCUMENTS WITH THE CLERK OF COURT

The next step in your divorce process is once you have reviewed and signed the Verified Complaint for Divorce and any other documents required if you have minor children, all of the documents listed above are filed with the clerk of the court, and the Summons is issued.

At the time of filing, there will be a filing fee paid to the clerk of the court. This filing fee varies (a divorce with no minor children is less to file than a divorce with minor children).

In the next blog “What are the steps of a divorce – Part Two” we will continue our journey into the divorce process.

HELPING PEOPLE START THE NEXT CHAPTER OF THEIR LIVES

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

At Schmitt Law, PLLC, we understand that 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.

Name Change After A Divorce-The List

December 14, 2023 By Laurie Schmitt

If your Judgment of Divorce contains a provision for name change, you may change your name if you wish to do so.

Before you begin the process of changing your name, obtain a certified copy of your Judgment of Divorce. A certified copy of your Judgment of Divorce may be obtained at the clerk of court in the county in which you were divorced. Often, you may order a certified copy from the clerk of court online, pay the fee online, and they will mail you the certified Judgment of Divorce. If an online service is not available with your clerk of court, you may appear in person to obtain a copy. You may also contact the clerk of court via telephone and obtain instructions on how to order it over the phone or via mail.

Once you have your certified copy of your Judgment of Divorce, it’s time to update all your official records. Here are a few of the most important places to update your name change:

SOCIAL SECURITY ADMINISTRATION: you will need a certified copy of your Judgment of Divorce, identification, birth certificate or passport, and original social security card. You should change your name with the Social Security Administration first before attempting to change your name elsewhere.

MOTOR VEHICLE OFFICE: to change your driver’s license or state ID card. You will need a certified copy of your Judgment of Divorce, identification, birth certificate or passport, and new social security card (showing your new last name), and proof of residency.

STATE DEPARTMENT: to change your US passport.

DEPARTMENT OF VETERANS AFFAIRS: in the event you are receiving any veterans’ benefits

VOTER REGISTRATION: to change your name for your state voter registration card

SOCIAL SERVICE OFFICE: in the event you are enrolled in any state benefits programs and receiving any public benefits such as Medicaid, Medicare, food stamps, etc.

TAX OFFICE: if you own a home, notify the city or county property tax office of your name change for the purposes of your property taxes

FINANCIAL ACCOUNTS: this includes all financial institutions that you have an account with. Accounts include checking, savings, IRA, CD’s, 401K, pensions, any other retirement accounts.

UTILITIES: to include you electric, gas, water, garbage,

MONTHLY ONLINE SUBSCRIPTIONS

CELL PHONE SERVICE PROVIDERS

CABLE/INTERNET PROVIDER

LOYALTY PROGRAMS: this includes airlines, hotels, department stores, etc.

EMAIL ACCOUNTS

GET HELP WITH YOUR DIVORCE. GRAND RAPIDS DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

Divorce in Michigan is a complicated procedure with long-term implications. It’s important to understand your rights and duties at each stage of the proceeding so that you will be in the best position to move forward during and after the divorce. Advice from an experienced divorce attorney can make all the difference in your outcome.

At Schmitt Law, PLLC, we work to ensure that our clients have the information and guidance they need to make the right decisions for their family and their future. 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 Street SW, Suite 112D, Grand Rapids, MI 49503.

What Are The Residency Requirements To File For Divorce In Michigan?

December 7, 2023 By Laurie Schmitt

To be granted a divorce in Michigan, you or your spouse must have lived in Michigan for at least 180 days immediately before filing your complaint for divorce. In addition, you or your spouse must have lived in the county where the complaint is filed for 10 days immediately before filing.¹ If you or your spouse have not lived in the county you are filing for divorce in for at least 10 days, you can still file for divorce in that county (or in any county) if all of the following are true:

your spouse was born in, or is a citizen of, a country other than the United States;
you and your spouse have a child under 18 years old; and
the judge believes that your child is at risk of being taken out of the United States by your spouse and held in another country.²

¹ M.C.L.A. § 552.9(1)
² M.C.L.A. § 552.9(2)

THE LAW

M.C.L.A. §552.9 Judgment of divorce; residency requirement; exception.

Sec. 9.

(1) A judgment of divorce shall not be granted by a court in this state in an action for divorce unless the complainant or defendant has resided in this state for 180 days immediately preceding the filing of the complaint and, except as otherwise provided in subsection (2), the complainant or defendant has resided in the county in which the complaint is filed for 10 days immediately preceding the filing of the complaint.

(2) A person may file a complaint for divorce in any county in the state without meeting the 10-day requirement set forth in subsection (1) if all of the following apply and are set forth in the complaint:

(a) The defendant was born in, or is a citizen of, a country other than the United States of America.

(b) The parties to the divorce action have a minor child or children.

(c) There is information that would allow the court to reasonably conclude that the minor child or children are at risk of being taken out of the United States of America and retained in another country by the defendant.

SUMMARY

Before you file for divorce, make sure you have lived in the State of Michigan for at least 180 days before filing and that you have resided at least 10 days in the specific county you file in.

HELPING PEOPLE START THE NEXT CHAPTER OF THEIR LIVES

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

At Schmitt Law, PLLC, we understand that 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.

What Am I Entitled To In A Divorce?

November 30, 2023 By Laurie Schmitt

Your spouse says they want a divorce. And they tell you you’re not entitled to any equity in the home, to any spousal support, or any portion of their retirement accounts or pensions. The truth is if you or your spouse files for divorce, Michigan law requires an equitable and fair division of the marital assets. Therefore, you won’t walk out of your marriage penniless, and can expect to receive a fair division of the marital assets. If you and your spouse fail to come to an agreement regarding the division of assets, the judge will decide at trial. The next question is what is considered marital property in the State of Michigan?

MARITAL PROPERTY

The general rule is if you obtained the property during the marriage, it’s considered marital property. Property includes houses, vehicles, contents of your home (shed, garage, barn), retirement accounts, pensions, and any other personal property you’ve acquired in your marriage. But what happens if your name is not on any of the titles or deeds? It doesn’t matter how something is titled or deeded. Even if your name is not on the title or deed, it’s still a marital asset to be divided fairly in your divorce.

THE HOME

The marital home is where you and your spouse lived while married. If your spouse wants to retain the marital home, they will be required to pay you one half of the equity in the marital home. Equity is calculated as follows: Appraised value – mortgage balance = equity. You take the equity number and divide it half. That becomes your share of the equity of the marital home. If your spouse is unable to refinance to pay you the equity balance, or unable to locate the money from another source, the marital home will need to be sold, and the net proceeds divided between you and your spouse.

Even if you move out of the marital home before the divorce is completed, you will still retain a property interest in the marital home. You do not forfeit your property interest in the marital home simply because you moved out before the divorce is completed.

RETIREMENT ACCOUNTS/PENSIONS

If you or your spouse have a retirement account or pension, the part of the retirement account or pension accrued during marriage is a marital asset and to be divided between the parties. If you or your spouse can show that a portion of your retirement account or pension was accrued prior to marriage, that amount will not be subject to division in the divorce.

VEHICLES

When is comes to dividing vehicles, typically each person keeps their vehicle. However, if the vehicles are not equal in value, the values need to be equalized. You would obtain blue book values for each vehicle, minus any loan balance, to determine the value of each vehicle. From there you can determine if the values need to be equalized.

PROTECTING YOUR ASSETS.

Divorce can be emotional and messy, and it’s natural for anyone going through a divorce to want to protect their financial interests. Maintaining an objective view of the situation can be difficult when you are struggling with complex emotional issues and personal tensions in your divorce. As an experienced Michigan divorce attorney, Schmitt Law, PLLC can help you maintain control over your property in divorce, and provide detailed guidance and support throughout every step of the process. The right attorney can increase the likelihood of you securing a favorable outcome to property division in your divorce.

Laurie Schmitt of Schmitt Law, PLLC has years of experience representing clients in a wide range of difficult divorce cases. We understand the financial concerns our clients often have regarding their property ownership rights and the doubts they often experience when it comes to property division in divorce.

If you are seeking a divorce, contact us today to schedule a consultation. Contact Schmitt Law, PLLC online or by calling (616) 608-4634 for a consultation today. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

Collaborative Divorce

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