Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

616.608.4634

Collaborative Divorce

Have You Set Clear Goals In Your Divorce?

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Divorce is an emotional and difficult time. And no doubt your highly concerned about the outcome of your divorce. Once your divorce case is underway, it’s time to start thinking about what you want – what your goals are for the outcome of your divorce. Of course, you may not know what you are legally entitled to. But an experienced attorney can guide you through the process, talk to you about realistic expectations for your divorce, and help you to get the best outcome in your divorce.

divorce

Even after months of discussion with their attorney, all too often clients are still unable to articulate what outcome they are seeking in their divorce. If you’re going through a divorce, and are unable to clearly state what outcome you are seeking, it makes it difficult for your attorney to achieve your goals. 

At Schmitt Law, PLLC, we talk to you about what the law supports, how the judge is most likely to rule in your case, what is an equitable and fair outcome for you, and what you should expect in your specific situation.  After you’ve been armed with that information, it’s now time to express what it is that you want – what you would accept in settlement of your case. It’s not your attorney’s job, nor the mediator’s job to “tell” you, or bully you into an agreement. At the end of the day, it’s your decision what you will accept to settle your divorce case. 

Once again, it’s YOUR decision on the final settlement of your divorce case. And that translates to you being able to tell your attorney what’s important to you, what your needs are after the divorce, and what you expect when your divorce case is completed. You should be thinking about what outcome you will be satisfied with. It’s important for you and your attorney to be on the same page when it comes to your goals. If you’re unable to share your goals with your attorney because you have failed to set any goals for your divorce, it makes it impossible to help you achieve them. Talk to your attorney early in the process about your goals so you can establish what it is you would like to achieve in your divorce. This will help save time as your case moves into negotiations and mediation.

PROVIDING SOLUTIONS FOR FAMILIES. 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.

The Stuff No One Tells You About – The Realities of Divorce

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Divorce is a life changing event. It changes everything. Not all of the changes you’re about to experience are easy, fun, or necessarily wanted. But the reality is that change is about to come. You can get prepared for the change, embrace it, and move on. Or, you can believe divorce will not impact your life, and those changes are just for other people. The following is a few of the changes that may be about to come in your life.  

Divorce Realities

LIFESTYLE – Don’t’ let people fool you. It’s a fact that after a divorce your lifestyle will change. You may receive proceeds from your divorce – but will that money last forever? You may receive spousal support, but is it permanent or is there an end date? You’re now living on one income, and whatever other monies you received from your divorce. It’s time to set a new budget, and learn to live within that budget. 

EMPLOYMENT –If you’ve been a stay-at-home parent, you’ll need to become financially self-sufficient. Even if there is a large pot of money to divide in your divorce, will it be enough, or will you need to get a job to support yourself? This ties back into the statement that lifestyles change after divorce.

FRIENDS – During and after a divorce, friends can take sides. And this means after it’s all over, you may find some of your friends have “gone to the other side”. That’s ok. You’re on a new journey, and there are new people waiting to be met on your new journey. 

ADULT CHILDREN – As painful as it may seem, even adult children can side with one parent or the other. What can you do? All that you can do is try and maintain a healthy relationship with your children. If they truly have turned to your spouse, what can you really do? After all, they are adults, making their own decisions. 

PETS – In Michigan, pets are considered personal property.  And unless you and your spouse can agree on a pet custody/parenting time arrangement, the pets will be awarded to one party. 

PERSONAL PROPERTY – Yes, the contents of the home must be divided. What does this mean for you? It means you should anticipate having to purchase some items for your new home. The upside to this is you, and you alone, get to decide how to decorate your new home, and what color your dinner plates will be. Don’t fight over the small stuff. Let it go and get yourself something you like even better.

LONELINESS – With divorce can come loneliness. Look at this as an opportunity for you to seek out new adventures, new friends, new hobbies, and new interests. Get involved in something you were not involved in when you were married. This is your time to change your world. 

LETTING GO – At some point, you’ll get over the pain and frustration of your divorce. If you can’t seem to find your way out of the dark place your divorce has put you in, then seek professional assistance. There is no shame to ask for help to get past the emotional turmoil caused by your divorce. Don’t let your spouse win. It’s time to accept the divorce and find your happiness. 

HELPING FAMILIES MOVE FORWARD.

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

When confronted with any family law matter, there are personal and financial issues unique to each individual and family. In an effort to achieve the best possible outcome, we are committed to providing you with accurate information, outlining your options and providing thorough, effective and efficient representation. At the initial consultation, we will seek to understand your personal needs and your family’s needs, to help you move forward. 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.

Divorce Mistakes To Avoid – Part Two

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In Divorce Mistakes to Avoid, we covered six areas of mistakes to avoid in your divorce. In this current blog we will cover more potential pitfalls to avoid while you are going through your divorce process.

REFUSAL TO TAKE ACTION

Avoid Mistakes

Some people in the midst of a divorce believe if they remain silent, take no action, avoid service of the divorce documents, or fail to file an answer to the complaint for divorce, they can prevent their spouse from proceeding with the divorce. On the contrary, if you take no action, the divorce process will still move forward, and your spouse will be granted a default divorce. If you fail to respond to the complaint for divorce, the court will grant your spouse’s request for divorce, and potentially grant them what they are requesting. This means you have no say in the outcome of the case, as you refuse to participate. So, the only thing you will accomplish by refusing to have a voice in your divorce case will be giving up your right to seek terms that would benefit you. 

Take action…protect your rights, even if you don’t want the divorce. Even though you may disagree with the divorce, this doesn’t mean you can’t oppose the terms of the final outcome of the divorce as it relates to child custody, parenting time, spousal support, and the division of marital assets and debts. 

FAILURE TO HIRE AN EXPERIENCED ATTORNEY

Attorneys often handle specific types of law. This means the attorney who handled another matter for you may not be a family law attorney. Be sure you hire an attorney who specializes in family law matters such as divorce (and all related matters within your specific divorce). By hiring an experienced family law attorney, you can save yourself from making poor choices or from receiving a less than favorable result in your divorce case. 

FAILURE TO HAVE REALISTIC EXPECTATIONS

Divorce is an emotional and difficult time for every client. And you most likely are highly concerned about the outcome of your divorce. However, experienced attorneys will guide you through the process, talk to you about realistic expectations for your divorce, and help you to get the best outcome in your divorce.

FAILURE TO SET GOALS

It’s important for you and your attorney to be on the same page when it comes to your goals. If you’re unable to share your goals with your attorney because you have failed to set any goals for your divorce, it makes it impossible to help you achieve them. Talk to your attorney early in the process about your goals so that you can establish what it is you would like to achieve in your divorce. This will help you save time as your case moves into negotiations and mediation.

BEING IN A HURRY TO END THE DIVORCE

Every client wants their divorce case to run smoothly and be concluded as soon as possible.  However, progress can take time. Often, what you believe the result of your divorce case should be in not shared by your spouse. And that means extra steps such as mediation must take place. Do not agree to less than favorable terms to your divorce simply because you are in a hurry to get you case over with. You, and you alone, must live with your decisions. And many decisions in divorce can have long term consequences. Once you sign the judgment of divorce, there is little likelihood of going back. Agree to the terms of your judgment of divorce carefully and with much thought. 

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 Happens If My Spouse Is Evading Service Of The Divorce Papers?

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Every divorce is different. But all divorces begin the very same way: one spouse files a complaint for divorce and summons with the court and those documents must be legally served on the other spouse. 

What happens when your spouse refuses to voluntarily accept service or is avoiding service?  What are your options now?

US MAIL

Served Divorce Papers

Send the documents through the US Mail, certified/return receipt requested. Just simply mailing the divorce documents to your spouse does not constitute service. Your spouse must sign the return receipt card, and the return receipt card must be filed with the court. If your spouse refuses to sign for the documents, then you need to find another way to serve them. 

USING A THIRD PARTY

Have a friend or family member serve the papers. Anyone other than you, who is 18 years of age or older may serve your spouse. Once your friend or family member has completed service on your spouse, they must complete the affidavit of service on the second page of the Summons and sign it in front of a notary. You will then need to file the Summons with the Court to show that your spouse has been served.

PROCESS SERVER

Hire a professional process server.  Professional process servers are well versed in tracking down and serving people who are evading service, as they serve court papers every day as a course of business. Process servers do charge a fee for their service. And yes, they are more expensive than the US Mail or having a friend or family member serve your spouse. However, they are worth the investment if they get your spouse served appropriately. If the process server has made several attempts at serving your spouse and their attempts have failed, the process server must sign an affidavit showing they applied due diligence in their attempts at service on your spouse.  You may then file a motion with the court requesting alternate service. This motion will include the process server’s affidavit of attempts of service. If the judge grants your motion, you will receive an order for alternate service and can serve your spouse according to the judge’s order.

It’s frustrating that your spouse is being uncooperative, and requiring you to go through the extra steps to obtain service.  And these extra steps will delay your divorce process a bit longer than normal. However, once your spouse is served, your divorce case can continue on so that you can be granted your divorce.

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.

The Michigan Divorce Process

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ELIGIBILITY

  • One party must reside in Michigan for:
    • 6 months if there are minor children of the marriage
    • 2 months if there are no children of the marriage
  • One party must testify under oath 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. 
Divorce

FILING

  • The Complaint for Divorce must be filed in the county in which one party has resided for 10 days or more.

SERVICE

  • The Defendant is served with the Complaint for Divorce and Summons

RESPONDING

  • The Defendant must answer the Complaint for Divorce within 21 days after in-person service (or 28 days if served by mail).

TEMPORARY ORDERS

  • By Motion from either party, the Court may grant temporary orders on custody, parenting time, child support, and financial issues such as payment of debt and spousal support.

FINANCIAL DISCLOSURES

  • Each party must complete and serve on the other party (or their attorney) a Domestic Relations Verified Financial Information Form and supporting financial documents.

DISCOVERY

  • The process in which attorneys start to gather all financial information regarding all assets and liabilities of the marital estate.

NEGOTIATION

  • Attorneys/parties negotiate and discuss settlement informally

MEDIATION

  • Mediation is required for all divorce cases
  • Attorneys/parties negotiate and discuss settlement with the assistance of a mediator (third party neutral).
  • The parties and their respective attorneys may agree to mediate at any point during the divorce process. But mediation must be completed before attendance at the Settlement Conference, and before a trial will be scheduled.

SCHEDULING CONFERENCE

  • The Court will set a scheduling conference to inquire as to the status of the case.
  • A scheduling Conference Order will be entered setting deadlines for the discovery process, appraisals, and mediation.

SETTLEMENT CONFERENCE

  • Court schedules a Settlement Conference wherein the parties and their respective attorneys must appear to inform the Court as to what issues remain in dispute.
  • If there are issues that remain in dispute, the Court will set a trial date.

PRO CONFESSO HEARING

  • If the parties are able to reach an agreement, a pro confesso hearing (final hearing) will be held and a Consent Judgment of Divorce will be entered.

TRIAL

  • If the parties are unable to reach a full agreement on the terms of their divorce, a trial will be held in front of the judge, testimony will be taken, and the judge will make a final ruling on the matter.

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.

Limited Scope Representation In Michigan

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The State Bar of Michigan has approved attorneys to represent clients in a “limited scope” capacity. This is a new way allowing attorneys to provide legal services to clients without the attorney being required to enter into and represent you in all parts of your divorce case.

WHAT DOES LIMITED SCOPE MEAN TO YOU?

Limited Scope Divorce

Limited scope representation means you can hire an attorney in an “a la carte” or “unbundled” capacity, hiring an attorney for specific tasks in your divorce case. This allows you and your attorney to decide what tasks you will handle on your own, and what tasks you wish the attorney to be responsible for. 

The limited scope representation rules in the State of Michigan allow attorneys to prepare legal documents without entering into the case, and without attending court hearings for the client.  This is called ghostwriting.

HOW WILL LIMITED SCOPE BENEFIT YOU?

When you retain an attorney under limited scope, you will only pay your attorney for the legal work you need assistance with. This will give you total control over your legal fees. You will have to handle parts of your case on your own, but can pay your attorney to handle the more difficult parts of your case. And, because the attorney is not entering into your case, you maintain total control of your case and the decisions made in your case.

WHAT SERVICES CAN AN ATTORNEY PROVIDE UNDER LIMITED SCOPE?

Under limited scope representation, attorneys are allowed to assist you in many ways as follows:

  • Legal research
  • Preparing legal documents
  • Reviewing legal documents (either that you have prepared or received)
  • Serving court papers on the other party
  • Providing legal advice
  • Negotiating on your behalf or reviewing a settlement agreement
  • Preparing you to attend court hearings on your own
  • Represent you in court for a specific hearing
  • Assisting you with discovery (requests and responses)

WILL LIMITED SCOPE WORK FOR YOU?

The new limited scope rules state the attorney must ensure that your part of the work is reasonable under the circumstances. This means the attorney must believe you are able to represent yourself. The limited scope rules also require the attorney obtain your “informed consent” when providing legal service under limited scope. The agreement must clearly define what legal service the attorney will provide, so that you understand what legal service you will receive. 

ASK ME ABOUT MY LIMITED SCOPE LEGAL SERVICES

We invite you to call Schmitt Law, PLLC to learn more about how we can assist you through our Limited Scope Legal Services. We will meet with you to create a strategy for your specific legal needs, and assist you through every step of your case, one step at a time. We offer limited scope services on an hourly basis, and you pay when the legal service is provided. Therefore, there are no future invoices, or hefty retainers to be paid up front. You simply pay as you go, and only pay for the services you really need. No surprise invoices – just clear prices defined before we get started.  For skilled legal guidance, contact Schmitt Law, PLLC online or call (616) 608-4634 to arrange a consultation. Whenever you are ready, we are here for you.

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

Will I Lose My Health Insurance After The Divorce?

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The simple answer is YES, you will lose your health insurance after your divorce is final. 

Lose Health Insurance

Once the judgment of divorce is signed by the judge, and you are officially divorced, you will no longer qualify to remain on your former spouse’s health insurance plan. Federal law states that insurance coverage under a spouse’s policy terminates as soon as you are divorced.  Therefore, your former spouse is not allowed to keep you on their health insurance after a divorce, because you would no longer be considered a family member. So, know that it is not up to your former spouse about leaving your health insurance in place. The law prohibits it. 

It’s best that you address your health insurance coverage early in your divorce. Start doing preliminary homework early in the divorce process by checking at healthcare.gov., or one of the various online insurance carriers. This process may take weeks to a few months to find a plan, complete the application process, and for your new health insurance policy to go into effect. If you wait until the last minute to address health insurance, you may find yourself without health insurance post-divorce, or having to pay for COBRA for a period of time. Address this issue early, so that you are not uninsured at the end of your divorce. 

If you are transitioning from your spouse’s health insurance policy to your new health insurance policy, you can always pay for COBRA from your previous insurer. This will ensure that you do not have a lapse in your health insurance coverage. You will be able to maintain your previous insurance for several months through COBRA (the months of available coverage may be different under various plans). However, as COBRA insurance coverage can be pricey, you want to move as quickly as possible to get your new policy started.

Also note that health insurance companies have very strict rules about informing them of a qualifying event such as a divorce. Failure to inform the insurance company about the finalization of the divorce can constitute insurance fraud. So, after the divorce do not use your former spouse’s health insurance, or you may be held to repayment to the insurance company, or worse. 

PROVIDING SOLUTIONS FOR FAMILIES.

At Schmitt Law, we understand the challenging nature of going through a divorce and the strain it can put on you and your family. We work diligently to provide legal services that are tailored to our clients’ specific needs and circumstances. We are here to guide you through every step of the way and protect your rights. Don’t wait to take action – contact us today at (616) 608-4634 to schedule a consultation and get the legal support you need.

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

Can I Get A Divorce If I Can’t Locate My Spouse?

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Can you obtain a divorce if you are unable to locate your spouse? Yes, you may obtain a divorce if you can’t locate your spouse. However, you will be required to take additional steps to attempt to locate your spouse prior to your divorce being granted by the judge.

When you don’t know your spouse’s location, you must prove to the court that you have made a reasonable effort to locate them. What will the judge consider a “reasonable effort” to locate your spouse?

The following is a list of actions you should take to attempt to find your spouse:

  • Facebook – via message – see if your spouse opened it.
  • United States Post office through Freedom of Information Act for current address or any relocations. Complete the Address Information Request Form with your local post office.
  • Last known employment – ask for any address to which their W-2 forms were mailed.
  • Unions that your spouse may have worked for their specific trade or craft.
  • Contact their relatives – documenting the names of who you spoke to, their relationship with your spouse, date of contact, and their responses. Relatives can include parents, brothers, sisters, aunts, uncles, cousins, nieces, nephews, grandparents, great-grandparents, etc.
  • Online search using an Internet databank locator services.
  • Department of Motor Vehicles in the state of their last known address.
  • Department of Corrections Inmate search database in the state of their last known address.
  • Letters to the Armed Forces of the U.S. and their response as to whether or not there is any information about your spouse.
  • Secretary of State – requesting spouse’s driving record.

If you’ve not been successful in locating your spouse, then the court can grant you permission to serve your spouse via alternate service. A motion for alternate service will need to be filed with the court, indicating to the court all of your efforts you have made to locate your spouse. This is not to say you must complete all of the above tasks before the judge will grant you an order for alternate service. However, you must show the court you have made reasonable and diligent efforts to locate your spouse. 

The two most common forms of alternate service that the court traditionally grants are Newspaper publication (in a location where you think your spouse lives) and Facebook/social media. The court will most likely require you to use both of these methods for alternate service. 

Once you have accomplished the alternate service as required by the court, your divorce case may move forward.

GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY. CONTACT SCHMITT LAW, PLLC FOR GUIDANCE.

Laws surrounding alternate service in a divorce can be complex. We invite you to call Schmitt Law, PLLC to learn more about your rights as it pertains to divorce. For skilled legal guidance, contact Schmitt Law, PLLC online or call (616) 608-4634 to arrange a consultation.

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