Collaborative Divorce

How Do Family Law Attorneys Charge For Their Work?

December 16, 2022 By Laurie Schmitt

Before you hire a family law attorney, you should have a clear understanding how your family law attorney will charge you for the legal service they will provide. Two of the most common ways family law attorneys charge for their work are the hourly rate and the flat rate. These billing methods are discussed below.

THE HOURLY RATE:

An hourly rate fee is one in which the family law attorney charges you for each hour (or portion of an hour) that they work on your case. When retaining a family law attorney under an hourly rate, request a written retainer agreement that specifies what their hourly rate will be, and what legal service will be provided to you. It’s also important that the written retainer agreement define if the family law attorney charges for work completed by their legal staff, and what that rate will be.

In most cases, the client will pay a retainer at the time they hire the attorney. A retainer is an advance on payment for the family law attorney’s services. A client retainer still belongs to the client until it’s earned by the attorney or used for legal expenses, and any unused portion must be returned. The amount of a retainer may be a set amount based on the law firm’s policies, or it may be determined based on the complexity of the case.

Note, that a more experienced attorney may charge more per hour than one with less experience; however, an experienced lawyer may take less time to do the same legal work. Most skilled family law attorneys will be able to provide the client with an approximate number of hours they anticipate the case to take, after discussing the case with the client and determining the legal course of action necessary.

THE FLAT RATE

A flat rate legal fee is one in which the family law attorney charges a fixed fee for your case. When retaining an attorney under a flat rate agreement, request a written retainer agreement that specifies what their flat rate retainer will include. The written retainer agreement should define if this flat rate includes attendance at hearings. It should also clearly state what takes place if your case does not settle – will the flat rate include representation at trial.

COSTS

Whether you hire a family law attorney on an hourly rate or flat rate basis, the written retainer agreement should address whether you will be responsible for payment of costs in connection with your case. Costs may include service of process charges, filing fees, publication fees associated with alternate service, expert witness fees and expenses, private investigation costs, court and deposition reporter’s fees, deposition costs, long-distance telephone charges, messenger and other overnight delivery service fees, electronic database research charges, police reports charges, photocopying and other reproduction expenses, postage, fax expenses, consultants’ fees, professional, mediator, arbitrator and/or special master fees and other similar items.

NO SUPRISES

The more detailed your written retainer agreement with the family law attorney, the less likely there will be misunderstandings about what legal service is to be provided and what the cost of that legal service will be.

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

If you are contemplating or in the process of a divorce or separation, contact the Michigan divorce attorney, Schmitt Law, PLLC. Our office understands that family law matters often involve complex relationships and dynamics that can enhance decision-making stress. We provide clients with the security to approach these challenges with confidence. Our dedicated attorney will provide clients with individualized attention and strategic case preparation to address all parts of their cases. We invite you to contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

Top Ten Tips To Make Your Divorce Easier

December 14, 2022 By Laurie Schmitt

Divorce is a difficult process – difficult on your budget, on your children, and on your future. But, if you prepare well, you can make the divorce process easier with the following top ten tips on how to make your divorce easier.

EASIER FOR YOUR BUDGET

1. Amicable divorce. Have a discuss with your spouse about completing your divorce in an amicable manner.

2. Mediation. If you are unable to agree on matters regarding your divorce settlement, seek the assistance of a qualified family law mediator.

3. Debts. If possible, pay the marital debts off before you file for divorce.

4. Be Prepared. Collect your financial documents before meeting with a family law attorney or before engaging in financial discussions with your spouse.

EASIER FOR YOUR CHILDREN

5. Telling the kids. You and your spouse should agree on how and when to tell the children about the divorce. And if possible, you should tell them together.

6. No bad talk. Do not disparage your spouse in front of the children.

7. Adult issues. Shelter the children from adult issues. Make sure when you are discussing adult issues when the children are home that they cannot overhear the conversation.

8. Kids hurt too. If your children are struggling with your breakup, you and your spouse should consider placing the children in counseling.

EASIER FOR YOUR FUTURE

9. New life – new budget. Start working on a post-divorce budget now. Without some pre-planning, it’s impossible to make good decisions about renting verses buying, the purchase of a new vehicle, etc.

10. Divorce is hard. If necessary, seek the assistance of a divorce support group or counselor. There’s no shame in reaching out for help during this difficult time.

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

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.

What Are The Differences Between An Annulment Verses A Divorce?

December 5, 2022 By Laurie Schmitt

In Michigan, the grounds for an annulment are incapacity due to age, bigamy, incapacity due to mental or physical condition, duress, fraud, kinship, and improper ceremony. Most of the grounds for annulment in the State of Michigan are difficult to prove, and few annulments are granted for that reason. To receive an annulment in the State of Michigan, you will need to prove one of the grounds for your request for an annulment. Then the court must decide if you have met your burden of proof and will grant or deny your annulment. For a more detailed discussion of the grounds for annulment, see blog Annulment.

WHAT’S THE DIFFERENCE

The distinction between an annulment and a divorce is that when a judge orders a marriage annulled, the effect is that the marriage never existed and that the couple was never married. This is different from divorce, where a marriage exists but is then ended by a court order.

WHAT REMAINS THE SAME

At the end of both an annulment or divorce you will be granted a judgment that addresses all issues of the marriage such as property distribution, debt distribution, custody, parenting time, child support, spousal support. Both an annulment and divorce will severe your financial ties with your spouse. Therefore, you will no longer be financially responsible for any decisions made by your spouse.

If you would like to weigh your options between an annulment and divorce, please contact Laurie Schmitt at Schmitt Law, PLLC. We would be happy to sit down with you and discuss what process may be best suited for your specific situation.

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

Divorce is a painful and emotionally stressful time for everyone. 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.

How To Tell Your Spouse You Want A Divorce

December 1, 2022 By Laurie Schmitt

There is no road map or perfect way to tell your spouse you want a divorce. And it’s never an easy conversation to have. However, the following is general advice for how to best approach this type of conversation.

YOU ARE AT THE STARTING LINE

You are already at the starting line. You have decided to get a divorce. You may have consulted with an attorney. You may even be ready to file the divorce. However, your spouse may not be in the same emotional place as you are. This news may come as a shock to your spouse. Therefore, be respectful of their emotions. Just remember, it may take time for your spouse to meet you at the starting line.

LOCATION

Think carefully about where you will have this conversation with your spouse. Select a time and place that you can have this difficult conversation, in private. If you decide to have this conversation at your home, make sure the children are not present. They do not need to overhear this adult only conversation. And do not select a time and place where others may interrupt. This is a sensitive conversation to have and should be given the due respect it deserves.

MAKE A PLAN

Before you sit down with your spouse, think about what you want to say. Think about what you really need to say. Perhaps these may be two very different things. And the rule of keeping it simple applies. This is not a marriage counseling session. This is not a time to get angry, upset, and emotional. There is no need to rehash your entire relationship, nor disparage your spouse. As emotions may be running high during this conversation, keep it respectful, simple, calm, and to the point.

BE HONEST

Have enough respect for the marriage, and the time you have spent with your spouse to answer their questions honestly. If you have retained an attorney, tell them so. If you intend to file the divorce immediately, or have already done so, tell your spouse. If they will be served soon, inform them so that they are not blindsided with service. Also note that you do not have to have all of the answers right now. As this is your first divorce as well, you may not know what happens next. Just be honest with them, and tell them that it is one step at a time.

DOMESTIC VIOLENCE

If you have suffered domestic violence in your marriage, you should consult with your attorney about how to safely inform your spouse you want a divorce.

How you approach this conversation may have a big impact on how your divorce moves forward. You know your spouse best. If you want to have an amicable divorce, then the tone of this conversation should reflect that desire.

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

Divorce Mistakes To Avoid

November 28, 2022 By Laurie Schmitt

Divorce can be an overwhelming and confusing process. As most people have never been through the divorce process, they often don’t know where to begin. And mistakes made through the divorce process can have long lasting effects.

1. FAILURE TO OBTAIN A MUTUAL RESTRAINING ORDER

A mutual restraining order is a document prohibiting parties from disposing or hiding the parties’ assets. By having the court sign a mutual restraining order, it alleviates the concerns that either party may do so legally. If you have assets to protect, you need to request a mutual restraining order at the start of your case

2. FAILURE TO OBTAIN AN ORDER ADDRESSING PAYMENT OF EXISTING DEBTS

If you have existing marital debts, and cannot agree on how they should be paid through the divorce process, you need to request an order from the court outlining how these debts will be paid. The last thing you need is to leave your marriage with your credit destroyed because marital bills were not being paid or being paid on time through your divorce.

3. DISCUSSING THE DIVORCE WITH THE CHILDREN

Children don’t have the emotional maturity to be burdened with adult information about your divorce. They may be struggling through your divorce process and shouldn’t have to deal with adult issues. The children need to know that it’s alright for them to love each of you, without having to take sides.

4. TAKING LEGAL ADVICE FROM FAMILY AND FRIENDS

Friends and family mean well. Your friends and family may have been through a divorce, and can share their war stories with you. However, the domestic relations law is ever changing. And because all family law cases are unique, you may not necessarily receive the same outcome your friend or family member received. Get your legal advice from an experienced family law attorney.

5. GOING THROUGH THE PROCESS ON YOUR OWN

Heading into a divorce without complete knowledge of the process can be risky. At the very least, obtain legal advice from an attorney before you get started so that you fully understand your option, expectations, rights, and responsibilities. At Schmitt Law, PLLC, we offer coaching and/or limited scope representation to assist you through the divorce process.

6. ONLY MY “FRIENDS” CAN SEE MY SOCIAL MEDIA POSTS BECAUSE IT IS SET TO PRIVATE

Don’t fool yourself. When there is a battle over the children, it’s not uncommon for your “friends” to provide the other parent with information, text, and pictures from your social media accounts. And yes, these comments, text, and pictures can and will be used against you in court.

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

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.

Top 5 Divorce Myths Debunked

November 23, 2022 By Laurie Schmitt

There are some common myths about divorce that are simply untrue. Laurie Schmitt of Schmitt Law, PLLC debunks the top 5 divorce myths.

MYTH 1: DIVORCE ALWAYS ENDS IN A TRIAL

It is rare for divorcing couple to end up in trial. Court intervention would only be necessary if divorcing couples are unable to settle disputes. And before parties arrive at a trial date, they must attempt mediation. Hence, trial would be the last resort.

The cost of a divorce escalates quickly if parties are unable to resolve their outstanding issues. However, divorcing couples can opt for alternate dispute resolution methods such as mediation or the collaborative divorce process. These alternate dispute resolution methods allow divorcing couples to take control of their case and their outcome without the need of expensive litigation.

MYTH 2: DIVORCE IS ALWAYS EXPENSIVE

MYTH 3: THE PARENT WITH “CUSTODY” OF A CHILD HAS GREATER RIGHTS THAN THE OTHER

In Michigan there are two types of custody: legal and physical. Who a child lives with has no bearing on each parent’s role in making important legal decisions for the child such as educational, medical, and religious decisions. If the parties are awarded joint legal custody, both parents have equal right in making these decisions on behalf of the child.

MYTH 4: NO CHILD SUPPORT – NO PARENTING TIME

There is no legal basis for a parent to prohibit parenting time if the other parent fails to pay child support as ordered by the court. If one parent is not receiving their child support, they can address that with Friend of the Court or the Court. But they do not have the legal right to prevent the other parent from exercising their parenting time as ordered by the court.

MYTH 5: UNMARRIED WOMEN HAVE REAL PROPERTY RIGHTS

Common law marriage is the term for a “marriage” that exists solely by agreement and by cohabitation. The State of Michigan does not recognize common law marriage, as common law marriage was abolished in Michigan in 1957. Therefore, if you and your partner were not legally married, you do not automatically have the same property rights as parties who were married. If parties who cohabitate intend to purchase real property, they should seek legal advice on how to protect their interests/rights in real property.

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

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. Contact Laurie at (616) 608-4634 to schedule a consultation to discuss the collaborative divorce process and how it can benefit you.

Top Three Reasons To Mediate Your Divorce

November 11, 2022 By Laurie Schmitt

What is mediation? Mediation is where a third-party neutral assists parties in reaching a fair and reasonable resolution. But what are the benefits of mediating when you can just go to court and get everything you want? What do I stand to lose by litigating?

Before you think you can just go to court and get everything you want, you should think twice. Will I really get everything I want, and does it make sense to spend valuable assets to fight verses engage in the mediation process.

The following are the top three reasons you should mediate your divorce:

1. COST

Simply put…divorcing cost money. Attorneys are expensive. And parties who want to fight should anticipate spending $300-$500 an hour for a qualified family law attorney. Translation…be prepared to spend thousands of dollars if you intend to fight.

2. THERE ARE NO WINNERS IN A DIVORCE

As stated above, the divorce process can be costly. And now that you’re getting a divorce, you are leaving your marriage with one-half of what you had. Do you want to continue depleting your share of the marital estate on attorney’s fees? Most people believe the only way to get what they want or deserve it to “fight (litigate in court). However, good family law attorneys are skilled negotiators. And mediation is the perfect platform for your attorney to use those negotiation skills to get you what you want, without the need of a trial.

3. THE LAW IS THE LAW

All divorcing parties have their opinion of what the outcome of their case should look like. However, the law may not support that opinion. To broadly summarize family law: decisions involving children are decided based off the best interest of the children and marital property is divided equally between the parties. After a lengthy and costly battle, you will walk away having spent money to receive what you could have obtained in mediation. And a successful agreement at mediation will be without the financial and emotional loss you would have sustained through the trial process.

To conclude, judges encourage and/or require parties to participate in mediation before they will provide you with a trial date. And, a good mediator will be able to assist you and your spouse in obtaining either a full or partial agreement. You can walk out of mediation with a fair outcome of your case, without going to all ends destroying your pocketbook and the other side through litigation.

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.

Divorce And Child Custody: The Right Of First Refusal

November 7, 2022 By Laurie Schmitt

It’s great when divorcing couples control the terms of the outcome of their divorce. And many couples ask about their right to be the first to be called when the other party requires child care – they want to be the one to provide all child care without the other party using a third party.

This is what is called “right of first refusal” – when one party must contact the other allowing them to provide child care before the use of a third party. However, most judges will not approve a “right of first refusal” provision in judgments, even if the parties agree to it in a consent judgment of divorce.

Why do judges dislike a “right of first refusal” provision? Because judges believe that a “right of first refusal” provision is nothing more than one party micromanaging the other party (their time and their decisions regarding the children).

The biggest issue for judges is how are they going to uphold a right of first refusal provision. How do parties decide clear language of a “right of first refusal” provision? It requires a determination of when the provision goes into effect. Just how many hours must one parent intend to be unavailable before the provision should go into effect. And that’s not an easy determination, nor easy for the judge to address post-divorce.

A “right of first refusal” provision becomes a highly litigated post judgment issue that judges do not want to continually address. The parties tend to abuse the provision believing every time the other parent leaves the house, they should be given the right to watch the children. Parties that ask or demand that a “right of first refusal” provision be placed in a judgment are the very people who should not have such a provision.

In conclusion, it is not likely that judges will agree to a right of first refusal provision in your judgment. Once divorced, you each have the right to make day to day decisions for the children, to include the choice of daycare. This means that each of you may select your own daycare provider, and will not be required to use the same daycare provider during your parenting time.

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

Collaborative Divorce

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