Collaborative Divorce

Can My Spouse and I Attend The Initial Consultation Together If We Agree On All The Terms of Our Divorce?

January 3, 2023 By Laurie Schmitt

THE SHORT ANSWER: NO

Even if you and your spouse agree on the terms of your Judgment of Divorce prior to filing for your divorce, you still may not attend a consultation together with Schmitt Law, PLLC.

TO ELABORATE…

The reason why Schmitt Law, PLLC will not meet with both parties at the initial consultation is that ethics prohibit an attorney from representing both parties in a divorce. If both parties meet with Schmitt Law, PLLC, both parties may naturally believe their interests are being represented by Schmitt Law, PLLC. And, in the State of Michigan that simply cannot be the case. The rule is that an attorney can serve only one master.

BUT WE REALLY HAVE AN AGREEMENT AND DON’T WANT TO START A FIGHT

It may be true that you and your spouse have worked out all of the details of your divorce agreement. However, it is not unheard of for one or both spouses to change their minds after filing the divorce. And, if your case takes a turn, and litigation is required, who does the attorney who provided you and your spouse the initial consultation really represent?

Before you sign your Judgment of Divorce, you may want to ask questions of an attorney privately. But you are concerned that your spouse will think you want to “fight” in court. However, seeking a consultation separate and apart from your spouse should not translate into litigation.

And, if your agreement is durable, it’s not likely your spouse will believe that because you wish to consult with an attorney, the deal is off, or believe you are seeking to enter into a litigated divorce.

WHAT ARE OUR OPTIONS?

If you and your spouse know that you will be able to maintain civility through the divorce process, then we may take a “team approach” to your divorce as follows:

You would have an initial consultation with Schmitt Law, PLLC
Once you retain Schmitt Law, PLLC as your counsel, then we may begin working as a team to file and complete your divorce.
You and your spouse would decide when to file the divorce
You and your spouse would provide the details of your agreement to Schmitt Law, PLLC
Schmitt Law, PLLC would prepare the Judgment of Divorce to comport with your agreement
You and your spouse would review the Judgment of Divorce, and provide Schmitt Law, PLLC with any changes you require
Once we have finalized the Judgment of Divorce, you and your spouse would sign it
Once the Judgment of Divorce has been signed, Schmitt Law, PLLC would schedule the final hearing
Once the Judgment of Divorce has been signed, Schmitt Law, PLLC would schedule the final hearing

Note that the “team approach” may only take place if your spouse does not retain an attorney of their own. If your spouse retains an attorney, we would be unable to work as a team, and communication would take place between Schmitt Law, PLLC and your spouse’s attorney.

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.

What Does It Mean To Serve Someone With Divorce Documents?

December 30, 2022 By Laurie Schmitt

SERVICE OF THE DIVORCE DOCUMENTS

After the Complaint for Divorce has been filed with the clerk of the court, and the Summons has been issued, both documents must be served on the Defendant. Service can be in person (voluntary or by a process server) or by mail.

VOLUNTARY ACCEPTANCE OF SERVICE

If your spouse is willing to voluntarily accept service of the Complaint for Divorce and Summons, they must complete the Acknowledgement of Service found at the bottom of the second page of the Summons. Your spouse will be required to complete the Acknowledgment of Service listing the documents they received, as well as the day, date, and time of service. After your spouse has completed the Acknowledgment of Service, you must file the Summons and completed Acknowledgment of Service with the Clerk of the Court to show service of process has been completed.

PROCESS SERVER

If your spouse will not accept service of the Complaint for Divorce and Summons, you may hire a process server to have your spouse served. A process server may be a sheriff, deputy sheriff, bailiff, or appointed court officer. Process servers charge for their service, and the cost will vary.

After your spouse has been served with the Complaint for Divorce and Summons, the process server will complete the Affidavit of Service showing what documents were served, the name of the person served, as well as the date, time, and location of service of your spouse. This Affidavit of Service is then filed with the Clerk of the Court to show service of process has been completed.

MAIL

If your spouse will not accept service of the Complaint for Divorce and Summons, you may serve your spouse via U.S. Mail. The Complaint for Divorce and Summons must be mailed registered or certified mail. Once you have received the return receipt from the post office, you must attach it to a copy of the Summons and file it with the Clerk of the Court to show service of process has been completed.

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.

How Can Adult Children Impact Their Parents’ Divorce?

December 27, 2022 By Laurie Schmitt

The divorce process is hard enough for couples to navigate without third-party interference. However, when the third-party interference is your adult children, it can be a sticky situation.

More and more, adult children are getting involved in their parents’ divorce. This is not to say adult children should not support their parents through this difficult process. This article addresses adult children who take their involvement to an extreme. The adult children being referenced are ones that feel compelled to take sides, and consequently interfere with the divorce process. They attempt to run the show by interjecting their opinions when unnecessary, trying to make decisions for their parents, demanding to attend meetings with the attorney and parent, and expecting information from the attorney to pass through them directly. They treat the parent as if they do not have the capacity to make their own decisions when nothing is further from the truth.

What is the outcome when adult children take a such a strong position in their parents’ divorce? It causes the parents to get stirred up and/or stay stirred up, negatively impacting settlement for the divorcing couple. If divorcing couples are not given a chance to calm themselves and start working through the issues presented in their divorce, it delays the divorce process. More time will pass before the divorce can conclude, and more money will be spent.

What is the solution? The divorcing couple need to gain control and inform their adult children that they do not need such hands-on assistance in their divorce. Let your adult children know that you have competent legal representation that will guide them through the journey. Now this is easier said than done when you have adult children who feel so strongly about taking a position in their parents’ divorce. Whatever good intentions adult children may have about their involvement, often times simply causes more pain. There is nothing worse than your own child taking a position again you. And not only taking a position against you but actively involving themselves in your divorce process.

This is not to minimize that adult children experience sadness, anger, sense of loss, or confusion regarding their parents’ divorce. But if you would rather maintain control of your divorce, build boundaries with your adult children from the onset of your divorce. Perhaps your adult children will feel less likely to be the director of your divorce if: (1) you are careful about what information you share with them, (2) don’t make them feel they must take sides, and (3) don’t make your adult children your only sounding board about the struggles of your divorce, Don’t lean on your adult children exclusively as your support – showing them you can handle this situation without their hands on involvement.

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

If you filed for divorce, or are considering filing in the near future, contact the Michigan family law attorney at Schmitt Law, PLLC. We have extensive experience handling all types of Michigan divorce cases and the related issues that frequently come up in the divorce process, including spousal support, child custody, and child support. We provide custom-tailored legal advice and solutions for clients. To learn more about how we can help you through the divorce

What Is The Biggest Concern When Divorcing Without Minor Children: It’s About The Money.

December 23, 2022 By Laurie Schmitt

Divorcing when there are no minor children certainly should be easier than couples who must address custody, parenting time, and child support. However, even when there are no issues regarding children to discuss, couples still must address the touchy subject of money. And discussions surrounding money are never easy.

The three biggest concerns that couples with no children must address are spousal support, division of assets, and separate property. And addressing these concerns can lead to challenges for couples.

Below are the three biggest financial concerns that couple must address when divorcing without children:

1. SPOUSAL SUPPORT:

Many factors are considered by the court as relevant in determining whether spousal support should be awarded. If the parties are unable to reach an agreement on the amount and length of time spousal support will be paid, the issue must be decided by the judge. If the issue of spousal support must be adjudicated, the court will look to the following factors is deciding on amount and duration of a spousal support award: (1) the past relations and conduct of the parties, (2) the length of the marriage, (3) the ability of the parties to work, (4) the source and amount of property awarded to the parties, (5) the age of the parties, (6) the ability of the parties to work, (7) the present situation of the parties, (8) the needs of the parties, (9) the prior standard of living of the parties, (10) general principles of equity.

2. DIVISION OF ASSETS:

Think of it this way, everything is considered a marital asset until it’s proven otherwise. This includes all real property, personal property, vehicles, recreational vehicles, boats, retirement accounts, 401K’s, IRA’s, stocks, bonds, and the list goes on. If you own it, it’s a marital asset until one party shows the court otherwise. And the basic rule: the marital estate is divided between the parties (fairly, not necessarily equally).

3. SEPARATE PROPERTY ISSUES:

Courts distinguish between marital property and separate property, with separate property being property acquired before the parties married, and marital property being property acquired during the marriage. Michigan has adopted a doctrine called the doctrine of non-invasion of separate property. As a general rule, separate property (before marriage) is awarded to the party who owned the property prior to marriage, unless the other party substantially contributed to its acquisition or appreciation or the estate is otherwise insufficient. (For example, if you purchased your home before marriage, the increase in value of the property during the marriage will often be considered marital.)

However, Michigan law allows the trial court to invade the separate assets of a party under two distinct exceptions: First, “if the estate and effects awarded to either party are insufficient for the suitable support and maintenance of either party” and second, “if it appears from the evidence in the case that the party contributed to the acquisition, improvement, or accumulation of the property.” Even if separate property of one party is awarded to the other spouse, the ultimate property division is to be fair and equitable under all of the circumstances of the case.

CONTACT AN EXPERIENCED DIVORCE ATTORNEY IN GRAND RAPIDS, MI

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.

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.

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.

Collaborative Divorce

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