Collaborative Divorce

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.

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.

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.

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.

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.

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.