Collaborative Divorce

The Most Frequently Asked Questions As It Relates To Divorce

March 6, 2023 By Laurie Schmitt

1. WHAT WILL THE TOTAL COST OF ATTORNEY’S FEES BE IN MY DIVORCE CASE?

There is no one size fits all answer for this question. The total cost of attorney’s fees for your divorce will depend on many factors such as who you retain as your divorce attorney, their hourly rate, the complexity of the issues in your divorce, are you able to reach an agreement before or at mediation, will your case require discovery, and will your case require a trial.

2. HOW LONG WILL MY DIVORCE CASE TAKE TO COMPLETE?

Michigan law establishes statutory waiting periods depending on the individual circumstances.

If you do not have minor children of the marriage: There is a two-month waiting period after the filing of the Verified Complaint for Divorce has been filed.
If you have minor children of the marriage: There is a six-month waiting period after the after the filing of the Verified Complaint for Divorce has been filed.

A Judgment of Divorce cannot be entered earlier than these established times.

3. IS PARTICIPATION IN THE MEDIATION PROCESS MANDATORY IN A DIVORCE?

In many counties in Michigan the judge will require attendance at mediation before he/she will schedule a trial.

4. WHAT IF WE HAVE AN AGREEMENT BEFORE FILING THE DIVORCE?

Then we would file your complaint for divorce and draft a judgment of divorce incorporating the terms of your agreement. A final hearing can be set in your case (to be held after the statutory waiting period has passed).

5. ARE WE ALLOWED TO USE ONE OF OUR ATTORNEYS AS A MEDIATOR?

Even if one of your attorneys is a domestic relations mediator, an attorney cannot represent one party in a divorce and assume the role as the mediator. Why? It is imperative that mediators be a neutral third party (meaning they do not know either party in the divorce action).

6. IS IT MANDATORY THAT BOTH MY SPOUSE AND I RETAIN OUR OWN ATTORNEY IN OUR DIVORCE ACTION?

No. There is no legal requirement that parties to a divorce be represented by an attorney. Even if one party has retained an attorney, the other party is not required to be represented and may represent themselves in court.

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

What Should Your Divorce Attorney Do For You?

February 27, 2023 By Laurie Schmitt

If an attorney agrees to represent you in your divorce case, they have obligations to you. What are those obligations?

COMMITMENT:

Your divorce attorney should commit to giving you their very best effort in representing you. Note, that you walk in the door of a law office with a specific set of facts and issues. No divorce attorney can change your facts. But they do owe you their commitment to represent you to the best of their ability and within the limits of the Michigan law.

COMMUNICATE:

It’s important that your divorce attorney respond promptly to your communications. At the onset of your relationship with your divorce attorney, ask them what you should expect for return calls and emails. Frustration happens in your relationship with your divorce attorney when you don’t know what to expect in the communication process.

BE HONEST:

Your divorce attorney should tell you the truth about your case. After all, you are paying your attorney to tell you the truth, not tell you what you want to hear. And remember, don’t shoot the messenger.

KEEP YOU INFORMED:

There is nothing worse than being frustrated because you have no idea what is going on in your divorce case. Don’t be shy about asking your divorce attorney for updates on your divorce case. And expect that your divorce attorney will keep you keep you informed of progress and developments in your case. Informed clients make for happy clients.

EXPLAIN THE LAW IN MICHIGAN:

You are paying your divorce attorney for their expertise in the area of family law. Make sure you have your specific questions answered, and that you understand the law as it applies to your case.

EXPLAIN PROCEDURE:

Ask your divorce attorney about procedural questions as it relates to your divorce. Divorce attorneys are more than happy to explain the steps in the divorce process.

ALLOW YOUR ATTORNEY TO DO THEIR JOB:

If you’re having issues with your spouse, let your divorce attorney know. Don’t take matters into your own hands. An issue cannot be addressed by your divorce attorney if they don’t know about it. If you allow your divorce attorney to do what they have been hired to do, it will reduce your stress and anxiety through the divorce process.

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

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

At Schmitt Law, PLLC, we work to ensure that our clients have the information and guidance they need to make the right decisions for their family and their future. Contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

Is There Such A Thing As An “Easy” Divorce?

February 23, 2023 By Laurie Schmitt

The divorce process is emotionally difficult for both you and your spouse. And the process can be made even more difficult if you and your spouse get in a mindset that you want to fight.

But, is there a way to make your divorce “easy”? The answer is yes you can make your divorce “easy”. If you and your spouse approach your divorce enter into your divorce with the right attitude, you can make the process smooth. The following are a few tips on how to make your divorce process “easy”.

COMMUNICATION

If you and your spouse effectively communicate and can have logical discussions about important decisions that must be made in your divorce, then you are well underway to a straightforward divorce.

AGREEMENTS

Before filing for divorce, you and your spouse should resolve all issues related to your marriage such as custody, parenting time, and division of assets. The more issues you and your spouse can resolve prior to filing for divorce, the easier your divorce process will be. By coming to agreement before the divorce filing, or shortly thereafter, you will save money on attorney’s fees and on your emotions.

EMOTIONAL INVESTMENT

Clearly, you and your spouse have an emotional investment in your divorce. And when you or your spouse allow your emotions to control your decision-making process, that’s when divorces become difficult, time consuming, and expensive. You and your spouse should do your best to prevent revenge or anger to dictate the negotiation process. With that in mind, you and your spouse can reach the final outcome of your divorce.

GOAL

The goal in your divorce should be for you and your spouse to reach a fair and equitable agreement, placing your children first. And hopefully, all done while maintaining some respect for each other. The sooner you and your spouse can get through the divorce process, the sooner you will be free to start your new life. The goal should always be to act in good faith, and reach your agreement as soon as possible. To summarize, an easy divorce is one where you and your spouse can quickly agree and resolve the terms of your divorce while maintaining civility towards the other.

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

Why Won’t Divorce Attorneys Take My Case?

February 20, 2023 By Laurie Schmitt

Top Reasons Why An Attorney Will Not Accept Your Divorce Case.

CONFLICT OF INTEREST

The attorneys may have already provided a consultation to your spouse. If that’s the case, they can’t provide you with a consultation, nor accept your case.

YOU ARE A RETREAD

Retread: a client who has gone through more than one attorney. If you’ve already had several attorneys working on your case, and fired them or been fired, it can be an easy assumption that the issue isn’t with the attorneys you have retained.

RETREAD…CONTINUED

If you have represented yourself in your case, or had previous attorneys who have done a poor job, it may too late for another attorney to fix the mistakes. There are times that mistakes can be corrected, and times that it’s just too late. When an attorney takes on an existing case, they take on the responsibility of that case (good and bad). Attorneys are reluctant to accept cases that have not been handled correctly. And, it may be a waste of your time and money to start again with yet another attorney.

LACK OF RESPECT

If you are disrespectful to staff, an attorney does not want you as a client. Staff is the backbone of any law office. And attorneys will protect their staff from abusive behavior from clients. Staff is the gatekeeper to the attorney. If you are rude to the staff, don’t expect to get a favorable response from the attorney.

YOU ARE SELF-VICTIMIZING

The definition of self-victimization (or victim playing) is the fabrication of victimhood for a variety of reasons, such as to justify real or perceived abuse of others, to manipulate others, as a coping strategy, or for attention seeking. It’s not the role of a divorce attorney to destroy your spouse because you feel like a victim. Most divorce attorneys don’t want to spend their days punishing the opposing party in a divorce.

FAILURE TO LISTEN

Many divorce attorneys grow frustrated with clients who refuse to listen. You can’t throw money at an attorney and expect them to continually dig you out of a hole for your bad behavior. If an attorney must spend their time keeping your behavior in check, there is no time to work your case. And bad behavior will certainly assure you of a bad result. No attorney wants that for their clients.

COURSE OF BUSINESS

Attorneys that are sole practitioners may have little to no staff. They may not be equipped to accept cases that will require hours of discovery and depositions, or attendance at a lengthy trial. And with every attorney, they review their case load to determine if they are able to accept a specific case, and still ensure they are able to provide the client with an appropriate level of service. If your case will be complex, it may be best to seek a firm with more resources on hand.

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

What You Should “DO” In Your Relationship With Your Divorce Attorney

February 16, 2023 By Laurie Schmitt

In order for Schmitt Law, PLLC to provide you with the best service possible, my expectations of my clients are simple and common sense:

BE HONEST

I just ask one thing from all of my clients: tell me the truth. In order for me to represent you to the best of my ability, I need to know the real story. Even if the real story is unpleasant for you to share, or embarrassing to admit, our success in your case depends on me having accurate information from you.

COMMUNICATE

If I call you, or I email you, I must need something from you. During our relationship, I request that you return my calls and respond to my emails in a timely manner. This allows me to do my job in a timely manner, and provide you with the best legal assistance possible.

ASK QUESTIONS

I encourage you to ask questions. It’s important that you understand what is taking place in your case, and that you understand the terms you may be agreeing to. If you do not understand something, ask the question! The only stupid question is the one you failed to ask me.

LISTEN AND ACT ACCORDINGLY

The key to a successful attorney/client relationship is that we both listen to each other. As you are paying for my legal advice, I assume you want the truth. I will always tell you the truth, and what’s in your best interest. And now that we have discussed your issues, and I have shared my legal opinion with you, it’s important that you act accordingly. By doing so, we can obtain the best result possible in your case.

PAY YOUR BILLS

Pay your outstanding invoice in a timely manner. When you hire me, your commitment to me is payment, and my commitment to you is to provide you with a specific legal service. Remember, I have a business to run, and rely on timely payments from my clients.

AN ATTORNEY WHO UNDERSTANDS YOUR CIRCUMSTANCES. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC, our clients benefit from years of experience. We treat every client as an individual, taking the time to understand your unique situation, so as to best advise you on the steps you should take. Whatever stage your life is at, you can trust Schmitt Law, PLLC to guide you through the legal process with expertise and compassion, because we understand that family comes first. Contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

What Exactly Is Involved In The Discovery Process?

February 13, 2023 By Laurie Schmitt

DISCOVERY: WHAT IS IT?

Discovery is part of the pre-trial phase of the case where each party requests documents and information from the other side. This process allows both parties to obtain information necessary to reach a fair and equitable settlement. If a settlement is unsuccessful, the information exchanged will be used at trial.

DISCOVERY: WHAT DOES IT CONSIST OF?

INTERROGATORIES:

Interrogatories are written questions produced to your spouse that must be answered truthfully under oath, under penalty of perjury. Interrogatories can be on a wide range subject matters including finance, standard of living, work history, parenting time, education, the identification of witnesses, exhibits and their position concerning custody and visitation of children.

REQUESTS FOR ADMISSION:

A request for admission is when one party requests the other party to admit or deny the accuracy of a specific statement, and this admission or denial is done under oath. If your spouse fails to respond timely to a Request to Admit, all of the facts set forth in the request will be deemed admitted, and can be used as evidence during the course of litigation.

REQUEST FOR PRODUCTION OF DOCUMENTS:

A request for production of documents is a formal request to your spouse to produce specific documents related to your divorce such as paystubs, statements for bank accounts, credit cards, auto loans, and investment and retirement accounts. Additional examples of items requested can be (1) written reports and documents for expert witnesses, (2) written, recorded, or signed statements of any party (including you and your spouse, investigators, friends, family members or employers), (3) photographs, videotapes or audiotapes, emails, surveys or other graphic representations of information, (4) documents received pursuant to a subpoena request from any party, and (5) financial documents (tax returns, paystubs, bank statements, retirement account statements), child-related documents, and social media posts.

DEPOSITIONS:

Depositions are sworn testimony from your spouse or witnesses. This testimony can be used in court to refresh your spouse or a witness if they provide testimony that contradicts statements made in their deposition. Depositions take place in an attorney’s office under oath, with a court reporter present recording the testimony. After the deposition is complete, the parties may order a deposition transcript from the court reporter. If distance of a witness is an issue, a video deposition may be taken instead.

IS DISCOVERY REQUIRED IN EVERY DIVORCE CASE?

It is possible to get divorced without going through discovery. If you and your spouse reach a settlement, it may not be necessary to go through the discovery process. However, you do not want to avoid discovery and then find out after you signed an agreement that your spouse failed to disclose assets. Once your agreement has been signed, it’s too late.

WHY IS DISCOVERY IMPORTANT TO YOU?

Discovery allows for transparency between you and your spouse. Discovery can provide you with the peace of mind that you have all of the necessary information required to reach a fair and equitable agreement in your divorce case.

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 provide detailed guidance and support throughout every step of the process. The right attorney can increase the likelihood of you securing a favorable outcome to property division in your divorce.

Laurie Schmitt of Schmitt Law, PLLC has years of experience representing clients in a wide range of difficult divorce cases. We understand the financial concerns our clients often have regarding their property ownership rights and the doubts they often experience when it comes to property division in divorce. If you are seeking a divorce, contact us today to schedule a consultation. Contact Schmitt Law, PLLC online or by calling (616) 608-4634 for a consultation today.

Will An Affair Affect My Divorce?

February 9, 2023 By Laurie Schmitt

Michigan is a no-fault state, meaning neither party is required to prove fault in order to be granted a divorce. That there are “irreconcilable differences” in your marriage is considered valid grounds for a divorce. Irreconcilable differences means that there has been a breakdown of the marriage relationship so that the objects of matrimony have been destroyed and there is no likelihood the marriage can be preserved. If you’re unhappy in your marriage, then irreconcilable differences are grounds enough for divorce. You don’t need to prove your spouse’s infidelity to end the marriage.

HOW CAN AN AFFAIR IMPACT MY DIVORCE?

As stated, Michigan is a no-fault state. But that does not mean that fault is irrelevant in a Michigan divorce. Misconduct in a marriage may affect the outcome of your divorce. Specific to an affair, if there has been an affair in the marriage, it may have an impact on the divorce. If an affair is the reason that you are getting divorced, you need to understand how it may be addressed during your divorce case.

PROPERTY DIVISION (DISSIPATION)

An affair may be addressed if it had a significant financial impact on the marriage. If a Michigan court must make a determination regarding division of assets, it will do so through equity. The court does not seek to punish the spouse who had the affair, but to equitably distribute the marital estate.

Therefore, if your spouse spent marital funds on a girlfriend/boyfriend (such as the purchase of large gifts, vacations, jewelry), the court may offset the marital estate by awarding you more to compensate the marital monies spent on the affair. This means that the property may not be divided equally; it’s divided in a way that is fair under the circumstances.

Note, that even though you would like to recover every penny your spouse spent on the affair, proving dissipation can be time-consuming and expensive. However, if you suspect your spouse of spending large sums on their affair, then it may be worth the time and expense of having your attorney review your spouse’s credit card bills and bank statements. If you wish to pursue recouping funds your spouse spent on an affair, contact Schmitt Law, PPLC to learn more about how we can help in this matter.

CHILDREN

Another way an affair may impact your divorce is if the affair has impeded your ability to appropriately care for your children. When a Michigan court makes a determination regarding custody and parenting time, they do so by reviewing the best interest factors. One of the best interest factors that the court can consider is moral fitness of the parties.

The primary goal of any judge is to provide for the best interest of the children. Therefore, decisions will be based on factors such as parents’ relationships with their children and their ability to provide for the children’s daily needs. While an affair may not affect these matters, ongoing issues that affect children’s well-being may be considered, such as a parent being more focused on a new romantic relationship than on caring for their children.

WRAPPING IT UP

With the advent of “no-fault” divorce, affairs no longer have significant impact on the outcome of your divorce. While you may feel better letting the world know your spouse cheated in your marriage, it generally doesn’t influence the judge’s final decision. So, if your spouse had an affair during your marriage, it will not be the smoking gun you hoped for. And a cheating spouse will not equate to you being awarded everything and your spouse being left with nothing after the divorce.

LET’S TALK

If you are separating from your partner and adultery has been involved, it is best to speak with a t family lawyer as soon as possible. You can have your immediate concerns addressed and move forward with some clarity about the process ahead of you.

At Schmitt Law, PLLC, we can answer your questions about divorce-related issues such as an affair, and we can provide you with legal representation to help you achieve your goals during your case. We invite you to contact us today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

What Is The Role of The Financial Neutral In a Collaborative Divorce?

February 6, 2023 By Laurie Schmitt

In a collaborative divorce, the financial neutral obtains and complies financial information about the family’s current and anticipated financial circumstances. They then share this information with the collaborative team (attorneys and parties). Their financial analysis ensures both spouses have access to financial information and understanding about the marital estate. With the aid of a financial neutral, the parties can transition into two households with a full understanding of what it will require to establish and maintain their individual households.

WHO DOES THE FINANCIAL NEUTRAL WORK FOR?

The financial neutral works for both parties, helping them to reach an equitable and balanced financial settlement. Unlike a “traditional” litigated divorce, a financial neutral is an important member of the collaborative team, generating financial options for both parties, without dictating a specific outcome.

HOW CAN A FINANCIAL NEUTRAL ASSIST COUPLES IN A COLLABORATIVE DIVORCE?

The financial neutral can provide assistance to the divorcing couple in a number of ways including:

Financial Neutral in Collaborative Divorce

Real Estate: A financial neutral can assist parties in determining values of real estate such as vacation homes, rental property, commercial property, and other real estate investments.

Retirement Plans: A financial neutral can assist parties in determining what retirement accounts the parties have such as pensions, 401K’s, and all other retirement accounts, and provide the parties with information regarding division of each plan.

Businesses: A financial neutral can gather information related to business ownership (cash flow, assets, liabilities) so that they can provide a complete analysis of the parties’ financial position.

Tax Advice: A financial neutral is qualified to provide tax advice related to division of assets,

Spousal Support/child support: A financial neutral can assist parties in understanding how spousal support and child support is determined and what financial resources will be considered for the purposes of spousal support and child support.

Budgets: A financial neutral can assist the parties in setting short-term and long-term budgets (through the pendency of the divorce process as well as after the divorce). This assistance is beneficial to parties so that they may determine their individual post-divorce budgets. With this knowledge, parties are able to make necessary financial decisions regarding their individual households such as rental verses home purchase, lease verses car purchase, health insurance costs, and other related financial issues.

Financial decisions: The financial neutral can discuss options with the parties so that there is a clear understanding of the implications of the parties’ financial decisions and how it will impact each party post-divorce.

WHY DOES THE COLLABORATIVE DIVORCE PROCESS DEPEND ON THE FINANCIAL NEUTRAL?

In a collaborative team setting, each professional does what they do best. Attorneys are trained in the law, and financial neutrals are trained in finance. Therefore, is makes sense to have a financial neutral involved to assist the team with financial decisions. A financial neutral can provide expert financial advice and assistance when most attorneys simply are not qualified to do so.

In summary, divorcing parties must be fully informed of their financial situation prior to the conclusion of their divorce. A financial neutral can evaluate and provide options for the divorcing couple and discuss the challenges they may face after one household becomes two. They encourage divorcing couples to look at their long-term goals and what is in the best interest of the family (not just the greater good of one party). As the name states, they are neutrals.

A GENTLER DIVORCE. 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 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.

Collaborative Divorce

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