Collaborative Divorce

Can You Oppose A Divorce?

October 16, 2023 By Laurie Schmitt

If your spouse has filed for divorce, and you don’t want the divorce, you wonder if you can oppose the divorce. In Michigan, the answer is NO.

NO-FAULT STATE

As Michigan is a no-fault state, only your spouse needs to assert that there has been a breakdown in the marriage to be granted a divorce. The specific requirements to which someone can be granted a divorce in Michigan is detailed in MCL 552.6(1) which states that there has been a breakdown of the marriage with no reasonable likelihood it can be preserved.

When your spouse signs the complaint for divorce, they state 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. When your spouse attends the final hearing, they will reaffirm that statement under oath again. Therefore, there really is no effective way for you to disprove that there has not been a breakdown in the marriage to present granting your spouse’s request for a divorce.

REFUSAL TO TAKE ACTION

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.

WHAT YOU SHOULD DO

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.

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.

Can I Buy A House During My Divorce?

September 25, 2023 By Laurie Schmitt

Your divorce is pending and you want to purchase a new house. The issue you will find yourself in is whether your new house will be considered marital property or not.

WHAT DOES MICHIGAN LAW SAY?

In Michigan the law supports that property purchased during the marriage in presumed to be marital, even if acquired after separation or during a pending divorce. All homes purchased during the marriage is technically considered part of the martial estate. Consideration of the source of the funds used to acquire the property (contribution) may mean the other party is entitled to some portion of that property – or none at all.

WHAT IS THE REAL ISSUE?

The issue the court will look at is the source of the down payment made to purchase your new house. Was the down payment made with marital funds? If you are using marital funds for your down payment then the property becomes marital.

If the source of the down payment is coming from your settlement of the marital assets, then it is not likely that your spouse can argue contribution. If your down payment was from your share of the marital funds, then there is no contribution from your spouse, and you would retain the entire interest in the house. But if the down payment came from marital funds, your spouse could argue for compensation of those funds, as it was contribution of marital funds used for the down payment.

HOW DO I PROTECT MYSELF

If you must purchase a house during your divorce, play it safe and obtain a stipulated order (that will be signed by the judge) stating that the purchase of your new house will not be considered a marital asset, is not an asset to be divided in the divorce, and that your spouse has no ownership or equity interest in the property. If you are using funds from the settlement of your divorce (or are using funds that will be considered an advancement of your settlement), make sure the stipulated order details this.

SUMMARY

If you don’t protect yourself, your spouse may have an interest in the property, claiming it as a marital asset. Once again, any property purchased during the marriage can be considered marital property. How your property is titled is not dispositive of ownership. This means that is does not matter whose name is on the deed, it can still be considered a marital asset. The name on the deed is not controlling. It is best to have a stipulated order designating your new home as your separate property before the purchase is made.

ASSET DIVISION. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING WEST MICHIGAN.

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 lawyer, Schmitt Law, PLLC can help you maintain control over your property in divorce, and against taking on responsibility of debt that may not be marital. We will 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 and debt 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.

Setting Goals For Your Divorce

September 18, 2023 By Laurie Schmitt

If you are contemplating divorce, or have recently filed for divorce, you may want to start setting goals to assist you in getting through the divorce process. The following are a few goals for your consideration:

ASSET LIST

Make a list of all of your assets. Have you and your spouse already decided who will keep what asset? Have you and your spouse agreed to the values on your asset list? Do you need to get appraisals of these assets?

BUDGET

Create a new budget. List your income and your new expenses. If you are unsure what your new expenses will be, do the best you can to use legitimate numbers. This will assist you in knowing what you have to spend and what you may need once the divorce is complete.

EXPENDITURES

Be conservative with your spending while your divorce is pending. It’s not smart to create new debt that you will take with you after the divorce. If you or your spouse has already filed for divorce, and you charge up new debt, it’s not likely that new debt will be considered marital. What that means is you will be solely responsible for the debt after the divorce. Don’t put yourself in a financial hardship position post-divorce by creating new debt.

PROPERTY AND AUTO INSURANCE

Have you and your spouse discussed division of your insurance policies? As you may not know who is retaining the house, or if you and your spouse will sell the house, it may not be time to make any changes to your homeowner’s policy. However, it may be time to discuss division of your auto insurance policy and come to agreement of the date that the division will take place.

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 spouse’s health insurance plan. It is best that you address the health insurance issue early in your divorce, as it may take a few months to find a plan, and for your new health insurance policy to go into effect. Too many clients wait until the last minute to address health insurance. And many find themselves without health insurance post-divorce. Address this issue early, so that you are not uninsured at the end of your divorce.

COBRA INSURANCE

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 so that you do not have a lapse in health insurance coverage. You will be able to maintain your previous insurance for 18 months through COBRA. However, as this can be pricey, you want to move as quickly as possible to get your new policy started.

PASSWORDS

As we all do, you most likely have many passwords to several accounts. For your protection, you should change your passwords to accounts that are solely in your name. And this is especially true to your email and social media accounts. You may want to create a new email account used to communicate with your divorce attorney.

CREDIT REPORTS AND CREDIT ACCOUNTS

Request a copy of credit reports from all reporting agencies. That way you are aware of all accounts (sole and joint) that are under your name and can make sure you close all joint accounts before the divorce is completed. If you intend to keep any joint accounts post-divorce, you will need to remove your spouse’s name from those accounts. And the same goes for accounts your spouse intends to keep. Make sure your name is removed from all accounts they are keeping.

CONSIDERING DIVORCE? LEARN YOUR OPTIONS WITH SCHMITT LAW, PLLC. GRAND RAPIDS DIVORCE ATTORNEY SERVING THE WEST MICHIGAN AREA.

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.

I Don’t Want To Take My Spouse For Everything They’re Worth

September 4, 2023 By Laurie Schmitt

Getting a divorce is a difficult process. And you’re looking for your divorce to be uncontested, fair and equitable. You’ve made the decision you don’t want to fight. But, making the decision that you don’t want to fight should never equal walking away from an appropriate share of the marital estate

Perhaps through the divorce process your spouse is stating you’re not entitled to certain assets. Or it may be that you don’t feel you are entitled to certain assets. As examples, you feel if you ask for a portion of your spouse’s 401K, or for a portion of the equity in the house, you’re “taking them for everything their worth”.

The reality is that both you and your spouse built your marital estate while you were married. You each contributed to the marriage. And therefore, the marital estate should be divided fairly and equally between you and your spouse. And even though you may feel that asking for your fair share of the marital estate is too much, or makes you feel you are taking your spouse “for everything their worth”, it’s what is fair and equitable.

If you decide to walk away from obtaining what you’re entitled to you in your divorce, you may suffer buyer’s remorse in the future. And after the divorce is completed it’s too late to change your mind! Once the Judgment of Divorce has been signed, and you’re officially divorced, you will not be able to reopen your case for a review of the property distribution. It’s only in vary rare cases that a judge would entertain review of property distribution after the divorce is finalized. And assume your case is not one of those exceptions.

As both you and your spouse will need to re-build your financial future, you need to analyze what is best for you. Before you make financial decisions that you may regret, decisions that are final, and decisions that will impact your future, seek a consultation with an experienced family law attorney to discuss your options.

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

What Is The Process For An Uncontested Divorce In Michigan?

August 21, 2023 By Laurie Schmitt

The following is a step-by-step guide on how to obtain an uncontested divorce in Michigan:

RESIDENCY REQUIREMENTS

Before you can file for a divorce in Michigan, you or your spouse must have lived in the state for at least 180 days. Also, one spouse must have lived in the county where the divorce papers are filed for at least ten days.

COMPLETE THE DIVORCE DOCUMENTS

You can obtain the divorce documents from the courthouse in the county in which you reside. Or, some counties have the divorce documents available to complete and file online. All parties that are filing for divorce will need to complete a Summons, Complaint for Divorce, and Record of Divorce. If you have minor children of the marriage, you will also need to complete and file a Uniform Child Custody Act Affidavit, Verified Statement and Application for IV-D Services.

FILE YOUR DIVORCE DOCUMENTS WITH THE COURT

You must file your divorce in the county in which you have resided for the last 10 days. When you file your divorce documents, you will be required to pay a filing fee to the clerk of court.

SERVICE OF THE DIVORCE DOCUMENTS

Your spouse must be served with the divorce documents that were filed. The following are your choices for service:

Your spouse may accept service voluntarily. If they do so, they must complete the acknowledgement of service section found on the second page of the Summons.

Any person over the age of 18 (and not a party to the case) may service your spouse. This means you are not allowed to serve your spouse. Once that person has served your spouse, they must complete the Affidavit of Service section found on the second page of the Summons.
You may hire a process service to complete service. You will be responsible for payment of the process server’s fees.
You may serve your spouse through certified mail. Once you have the return card back from the post office, you must file that card with the clerk of court.

FILING AN ANSWER

Your spouse will have 21 days to file an answer to the Complaint for Divorce (28 days if served by mail).

COMPLETE AND EXCHANGE FINANCIAL DISCLOSURES

The Michigan courts require you to provide full disclosure of your financial situation. You and your spouse must each complete the Domestic Relations Verified Financial Information Form (to be signed in front of a notary). The Domestic Relations Verified Financial Information Form is not filed with the court but must be exchanged between the parties.

COMPLETING THE JUDGMENT OF DIVORCE

As you are going through an uncontested divorce, it is assumed you and your spouse are not contesting any issues of your divorce such as custody, parenting time, child support, or property/asset/debt division. You and your spouse must agree on all matters of your divorce and complete a Judgment of Divorce outlining your agreements. Once you have this completed, you can move on to setting the final hearing.

MANDATORY WAITING PERIOD

If you and your spouse do not have children together, there is a two-month waiting period before the court can finalize your divorce. If you do have children together, there is a six-month waiting period. This waiting period begins on the day that the complaint for divorce is filed with the court.

SCHEDULE THE FINAL HEARING

Once you and your spouse have signed the Judgment of Divorce, a final hearing can be scheduled. Because hearing date availability can be weeks out, you should contact the court as soon as you both have signed the Judgment of Divorce. Even if your mandatory waiting period has not passed, you can schedule the final hearing. But the actual final hearing date must be on or after the mandatory waiting period. Once you have obtained a final hearing date from the court, you will need to complete a notice of hearing and proof of service. The original documents must be filed with the court, and copies mailed to your spouse.

ATTEND THE FINAL HEARING

At the final hearing, the person who filed the complaint will be required to answer a few questions from the judge. After that, the judge may review your agreement, ensure the terms of the divorce are fair and equitable, and the judge will sign a judgment of divorce.

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

If you need to know more about a Michigan divorce, including how to file for a divorce, contact an experienced attorney, Laurie Schmitt at Schmitt Law, PLLC. At Schmitt Law, PLLC, we are here for you each step of the way in your divorce. From planning your first steps, to approaching your separation, to helping you understand your rights, to signing the final documents. We can help you navigate the separation and divorce process.

Schedule your consultation today with a dedicated attorney. We look forward to speaking to you and being your advocate during this crucial time in reframing your life. 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.

What’s The Point of a Collaborative Divorce? What Should You Expect?

July 17, 2023 By Laurie Schmitt

If you are contemplating a divorce, you may want to consider the collaborative process as an option to the traditional litigated divorce. So, what is the point of a collaborative divorce, and what should you expect through the collaborative process? The following are a few of the reasons to consider the collaborative process for your divorce.

OPEN DISCUSSIONS: You and your spouse are free to discuss what’s important to you, or what your concerns are. There is no wrong or right, no win or lose, and no issue that it too big or small to discuss at the collaborative table.

GOOD FAITH NEGOTIATIONS: The collaborative process is based on working in good faith. You and your spouse should come to the table with the expectation that you will resolve your issues in a cooperative mind frame, not in a litigious mind frame.

TEAM APPROACH: The collaborative process is a team approach, which leads to you and your spouse having a better outcome in your case and better long-term satisfaction with that the outcome.

CREATIVITY: Through the collaborative process, you, your spouse and your respective attorneys may think outside of the box to reach a tailored resolution that makes sense for the you, your spouse, and your children.

INFORMATION SHARING: You and your spouse should be committed to transparency. This means you both will share the necessary financial information freely in an effort to obtain a fair and equitable agreement. The adversarial nature of litigation does not lead to good information sharing between parties in the discovery process.

FOCUS ON RESOLUTION: The difference in the collaborative process versus litigation is to focus on a positive outcome, not on litigation and who will win.

CONFIDENTIALITY: Through the collaborative process, you will keep your private life private. The collaborative process and all information shared at the table remains confidential. Therefore, you protect your private information, thereby protecting your privacy.

CONTROL THE OUTCOME OF YOUR DIVORCE: Are you willing to gamble on what the judge may decide? Through the collaborative process, you and your spouse have total control of the outcome of your divorce.

CONTROL YOUR FUTURE: Why leave your future in the hands of a judge who doesn’t know your family and their needs. Once again, the collaborative process will provide you and your spouse the freedom to control the outcome and thereby controlling your future.

AVOID COURT: The court system is less than ideal. You and your spouse may grow frustrated with procedures and processes of litigation, and may not be satisfied with a judge’s decision regarding your divorce. Through the collaborative process you and your spouse will avoid fighting in open court, as all discussions, negotiations, and agreements are made at the collaborative table.

COLLABORATIVE DIVORCE: FOCUS ON WHAT’S IMPORTANT TO YOUR FAMILY. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

Divorce is a painful and emotionally stressful time for everyone. That’s why more couples are turning to a gentler solution: 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. To find out more about the collaborative process, and to discuss if the collaborative process is right for you, contact Laurie online or by calling (616) 608-4634 to schedule a consultation. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

What Types of Cases Does Schmitt Law, PLLC Accept?

June 26, 2023 By Laurie Schmitt

Schmitt Law, PLLC primarily handles family law cases. Family law is a broad, general term referring to many different family matters. As there are many different types of cases that are included under the category of family law, the following are the family law matters Schmitt Law, PLLC accepts.

FAMILY LAW CASES THAT SCHMITT LAW, PLLC ACCEPTS

DIVORCE (Uncontested, contested, and collaborative cases)

We all know that divorce is the legal termination of a marriage. And divorce cases can be quick and simple – or they can be long and drawn out. Factors such as whether there are minor children, significant assets or debt, or a family business can impact the complexity of the case.

Having an attorney skilled in handling divorce cases will ensures that you are getting the best outcome. Whether it is determining custody of the kids or who gets the house – Schmitt Law, PLLC will help you get your fair share of your marital assets.

SEPARATE MAINTENANCE

Legal separations do not dissolve a marriage. Instead, they keep the marriage intact for the most part while putting formal documents in place stating that the couple is legally separated. They are still technically married, but living separately. This can give the couple time to see if they really want to stay married or get divorced. After all, legal separations can be reversed but a divorce cannot.

CUSTODY (Uncontested and contested)

Child custody cases determine the physical and legal custody of a minor child, and can be in the context of a divorce or between two parents where not married to each other. In any custody case, there are many factors to consider to resolve these cases. Schmitt Law, PLLC will always keep the best interest of you and your children at the forefront during your case.

PATERNITY

Paternity simply means a case wherein the court must make a determination of a child’s legal father. Schmitt Law, PLLC accepts paternity cases whether they are contested or uncontested. As the father of a child born outside of a marriage, it is critical to take action immediately. Each passing day means you and your child will not receive time together to establish an important parent-child bond. As the mother of a child born outside of marriage, each passing day means you and your child will not receive the financial support you deserve. Call Schmitt Law, PLLC to discuss your rights.

CHILD SUPPORT

Child support must be determined in any divorce, custody, or paternity case. Therefore, Schmitt Law, PLLC accepts cases wherein child support must be established through one of these types of cases.

DEFENSE OF PERSONAL PROTECTION ORDERS

If you’ve been served with a personal protection order, Schmitt Law, PLLC will assist in your defense. Personal protection orders are quasi criminal. This means if you are found in violation of the personal protection order, you can go to jail. Also, if you have a personal protection order against you, you will not be able to possess/carry a firearm. And finally, personal protection orders can negatively impact your employment status. Contact Schmitt Law, PLLC to discuss your options.

FAMILY LAW CASES THAT SCHMITT LAW, PLLC DOES NOT ACCEPT

Guardianship, CPS cases, termination of parental rights

THE IMPORTANCE OF AN ATTORNEY

When it comes to your family law case, make sure you understand your rights. And if you are facing a contested situation, don’t go it alone. Don’t leave your future with your family to chance. Contact Schmitt Law, PLLC to protect your future with your family.

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

Laurie Schmitt of Schmitt Law, PLLC is responsive to the fact that family issues are both complex and emotionally taxing. That is why I strive to guide my clients through the process as effectively and efficiently as possible while also minimizing the emotional toll on my clients.

To schedule a consultation or learn more about our services, contact Schmitt Law, PLLC online or call (616) 608-4634. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

What Is An Uncontested Divorce? Here Is Everything You Need To Know

June 19, 2023 By Laurie Schmitt

You and your spouse have agreed to file for a divorce. You both agree you don’t want to have a war in the court – and that you want to end your marriage in peace. You both may have heard the term “uncontested divorce” but are unsure what that means, or if it is right for you.

WHAT IS AN “UNCONTESTED DIVORCE”?

An uncontested divorce is one in which you and your spouse have resolved all of the issues in your divorce, and there is no need for court intervention. This means that you and your spouse have agreed to all terms that will be contained in your Judgment of Divorce such as custody, parenting time, division of assets and debts, division of real and personal property and any other issue with respect to dissolving your marriage.

WHAT TERMS OF OUR DIVORCE DO WE NEED TO AGREE ON?

Parties must agree on how to divide all of the assets, debts, and retirement accounts. They must agree as to who will retain the house, and how much the other spouse will receive for their share of the equity. If the parties agree that the house is to be sold, they must agree on a realtor, sale date, list price, and how the proceeds from the sale of the home will be divided. Parties must also agree as to division of their personal property, to include all motorized vehicles, boats, campers, and pets. Parties must also have an agreement as to spousal support – will it be paid, amount, and duration. If there are children of the marriage, the parties must agree on custody, parenting time, holiday parenting time, child support, where the children will attend school, and any other issues specific to their children.

IS AN UNCONTESTED DIVORCE A GOOD FIT FOR YOU AND YOUR SPOUSE?

An “uncontested divorce” would not be an appropriate process for you if you believe your spouse is hiding assets or income, if you and/or your spouse are unwilling to voluntarily disclose assets or income, or if you and your spouse are unable to agree on how to resolve all of the issues in your case. An uncontested divorce would be a poor choice for cases such as these.

WHAT ARE THE BENEFITS OF AN UNCONTESTED DIVORCE:

SAVES YOU TIME

An uncontested divorce can take much less time to complete than a contused divorce. When a divorce is contested, you’re required to involve the court to reach a final outcome. When you and your spouse fight over issues it can take months to obtain a trial date and complete your divorce. Uncontested divorces can be completed quickly, usually no longer than the statutory wait period.

SAVES YOU MONEY

An uncontested divorce is much less expensive that a contested divorce in that it will save you in attorney’s fees. By reaching an agreement to the terms of your divorce, you will prevent the need for unnecessary attorney’s fees.

SAVES YOUR EMOTIONS

Getting a divorce is difficult enough. However, when you’re unable to reach an agreement, and require the court to intervene, it causes even more emotional devastation. An uncontested divorce gives you and your spouse the opportunity to start your new lives without destroying the other, and preserving enough of a relationship to co-parent.

CONTACT AN EXPERIENCED DIVORCE ATTORNEY IN GRAND RAPIDS, MI

An uncontested divorce can save you and your spouse a significant amount of time, money, and stress. If you would like to learn more about the uncontested divorce process, and whether an uncontested divorce is right for you, contact Schmitt Law, PLLC. I will meet with you to discuss how you can complete your divorce without the “war”. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503. Please contact Laurie at Schmitt Law, PLLC online or by calling (616) 608-4634 for a consultation today.

Collaborative Divorce

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