Collaborative Divorce

What Are My Divorce Options?

March 28, 2022 By Schmitt Law Staff - s.h.

You are ready to move forward with a divorce. But you have no idea how to get started, and are overwhelmed with all the various terms you find relating to divorce.

When a client arrives for their initial consultation with Schmitt Law, PLLC, they often have no idea of what their options are to obtain a divorce. In the initial consultation, we take the time to discuss the options available to the client to ensure that they select the option that best fits their needs.

The following is a list of options available to parties who are seeking a divorce.

PRE-DIVORCE FILING MEDIATION: Mediation is a process that allows you and your spouse to resolve conflict in a peaceful manner. You and your spouse meet with a neutral third party who is trained in the mediation process (the mediator). The mediator will assist you and your spouse in discussing the outstanding issues, helping both of you review your options, so that you may reach an acceptable outcome of your differences. A pre-divorce filing mediation is held prior to the complaint for divorce being filed. The parties reach a full agreement on their outstanding issues and then proceed to the filing of the complaint for divorce.
MEDIATION AFTER FILING: This process is the same as the pre-filing mediation, with the difference being that the mediation is held after the complaint for divorce has been filed and served on the other party.
COLLABORATIVE DIVORCE PROCESS: In the collaborative divorce process, the parties resolve their issues in a respectful manner, using a team approach. The team assists the parties in crafting solutions in the best interest of each party, without involving the judge to make their final decisions. In the collaborative divorce process, the parties, their respective attorneys and a coach meet in a group setting. An agenda is set for each meeting, to assist the team to stay on track. These meetings are designed to encourage the sharing of ideas and settlement options.
UNCONTESTED DIVORCE: Schmitt Law, PLLC offers a process we call “uncontested divorce”. An uncontested divorce is one in which the parties have resolved all of the issues, and there is no need for court intervention. In this process, we work to ensure that the outcome of the divorce reflects the parties wishes. This process allows the parties to maintain total control of their agreement. Schmitt Law, PLLC accepts uncontested divorces for a flat rate fee.
LITIGATION: In this process, the parties are unable to resolve their differences, and the Judge unilaterally decides the outcome of the parties’ divorce. This is the least desirable option for most parties as it is the most difficult, time consuming, and expensive process to obtain a divorce.

Experienced Divorce Attorney

We understand that filing for divorce can be an emotional and confusing experience. That is why we are committed to providing personalized service to each client we represent and will be with you through this difficult journey. We are prepared to guide you in all aspects of your case.

To discuss your circumstances and legal options, contact Schmitt Law, PLLC online or call (616) 608-4634 to schedule a consultation.

The Collaborative Divorce Process: What Is a Financial Neutral?

March 21, 2022 By Laurie Schmitt

In the collaborative divorce process, we utilize the team approach. The team comprises of the clients, their respective attorneys, a coach, and if necessary, a financial neutral. What role does a financial neutral play in this process as a team member, and what is the value to the client in retaining a financial neutral?

In many cases there are complex financial issues that must be addressed in the collaborative process. Simply put, the financial neutral assists the team in answering all financial questions.

A financial neutral will sit down with the parties independent of the team to assist in creating a budget while the parties are going through the collaborative process.

The financial neutral also assists the parties in understanding the impact of different settlement options that are being addressed in the team meetings. The financial neutral will review all of the assets and debts of the parties, and create a report for the team to review. These reports allow the team to fully understand the financial position of the parties, and to assist the parties in getting to an agreement that is financially fair and equitable for each party.

Financial neutrals also assist in valuing businesses of the parties, or valuing assets that may be difficult to value.

Often times, there may be one spouse who has never been responsible for maintaining the household finances. In these instances, the financial neutral can meet with that party individually, with the consent of the other, to assist them in learning how to create a budget, write a check, balance a checkbook, and pay bills.

Additionally, there is a cost benefit to the clients in hiring a financial neutral: it allows the attorneys to focus on legal issues, while the financial neutral focuses on the financial issues. Each part of the professional team is focused on what they do best and what they have been trained to do.

In the end, the financial neutral plays a valuable role as a team member: creating efficiency, saving money for the clients, and providing the team with a full understanding of the client’s financial situation.

Considering Divorce? Learn your options with Schmitt Law, PLLC

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.

What Is The Collaborative Divorce Participation Agreement?

March 7, 2022 By Laurie Schmitt

You and your spouse have decided to seek a divorce and have agreed to the collaborative divorce process. You have retained your collaborative divorce attorneys. Now you are being asked to sign a collaborative divorce participation agreement. What is the purpose of this agreement and what does the agreement contain?

The purpose of the collaborative divorce participation agreement is to ensure that the initial team (husband, wife, and their respective attorneys) understand the principles of the collaborative process. It also identifies that the collaborative team may expand to include a financial neutral, or other necessary professionals.

The collaborative divorce participation agreement contains the following provisions:

It identifies the goals of the team.
It contains an agreement that the parties will not seek court intervention.
It lists cautions to the participants that the process cannot eliminate disharmony, distrust, and differences that may have existed in the past, but that the parties will commit to create an atmosphere of harmony, trust, and cooperation moving forward.
It states that the parties agree to negotiate in good faith.
It states that the parties agree to make a full and fair disclosure of all assets, income, debts, and other relevant information necessary to reach settlement.
It states that the parties will maintain a high standard of integrity, not take advantage of each other, and will not mislead each other.
It preserves the parties’ financial status quo while the parties are involved with the collaborative divorce process.
It states that the parties agree the professionals are entitled to be paid, and that the parties have individual financial responsibilities to their respective attorneys.
It states that if experts and consultants are necessary, the team will agree to retain them jointly.
It discusses confidentiality in that the team will treat all information provided during the collaborative process as confidential.
It discuses the participants rights and obligations pending settlement.
It discusses termination of the collaborative process after settlement and termination of the collaborative process without settlement.
It states that both attorneys are disqualified from representing either party in any adversarial or contested court proceeding, that all team members are disqualified as witnesses, and that their work product will be inadmissible as evidence in any court proceeding.

Before signing the collaborative divorce participation agreement, the team will have a discussion and fully review the provisions to ensure the parties have a complete understanding of the agreement.

Collaborative Divorce – The Litigation Alternative

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.

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.

Informed Decision Making In A Divorce

February 23, 2022 By Laurie Schmitt

There have been many times meeting with new clients that they state they want their divorce to be quick, simple, and inexpensive. They want swift closure to the case, so that they can move on in their lives. However, the mindset of “let’s get this done fast” can lead to clients making poor financial choices. And the choices clients make during their divorce can have long lasting financial impact on their future.

There are many financial decisions to be made when getting a divorce such what party will retain the house or will the house be sold, what is the value of the marital home, how much child support am I entitled to, how much spousal support am I entitled to, what will be the division of the stocks, bonds and retirement accounts, and who will be responsible for the debts acquired during the marriage.

So, what does it mean for clients to make informed decisions about the matters listed above? In order for clients to make informed decisions regarding financial matters, it is necessary to know the client’s assets, debts, and income – a spreadsheet of their finances is required. In order to obtain a full picture of a client’s financial position, it requires documents to be gathered and analyzed. Once the attorney has a full picture of the client’s financial position, it is then that the attorney can provide solid legal advice to the client.

There are times the necessary financial documents and information are easily obtained. Other times, it requires third parties to assist such as appraisers, financial advisors, and accountants. If the parties cannot agree on value of the business, marital home, or personal property, appraisers need to be hired. If there are complex issues in a specific case, it is not uncommon for the parties to have discussions with their financial advisors, and for the attorney to defer to an accountant to assist with review and preparation of a financial spreadsheet.

Clients grow weary during the divorce process. And at times clients fail to see the value in appraisals and third-party assistance. However, it is then that the attorney must educate the client as to the reasons to obtain an accurate picture regarding their financial status so that a fair and equitable division can be made. And, without accurate financial information it is difficult to calculate what is appropriate for child support and spousal support.

Because financial decisions made during a divorce impact the clients for a significant period of time, or for a lifetime, it is imperative that clients be educated to the value of “getting it right” the first time, to eliminate “buyer’s remorse”. Clients must understand that there is no second bite of the apple when it comes to property and debt distribution.

For more information about your rights as it pertains to divorce, contact me, Laurie Schmitt, Attorney at Law, at Schmitt Law, PLLC, by calling 616-608-4634 or on the following link: https://laurieschmittlaw.com/contact/

Rules For Texting, Phone Calls and Social Media

February 7, 2022 By Laurie Schmitt

If you have a contentious relationship with your soon-to-be ex, then the first statement I make to clients is to limit their communication with the other party to texting only, and to essential communication about the children. If it is not a legitimate issue that must be addressed with the other party, then do not send the text.

Be mindful that anything you text can be brought into court as evidence and used against you in a custody hearing or trial. Think before you send that text “do I want the judge to see this text?”.

Learn to have self-control when you receive a text that upsets you. You DO NOT need to respond immediately, or perhaps not at all. Nothing is gained by keeping the bantering going. This may sound easy, and I respect that it is not. It is critical for couples who do not get along to find a way to effectively communicate (leading to effective co-parenting). And, inappropriate texts/or responses to them can be used against you in court.

To address social media, my statement to clients is to not litigate their case on social media sites. Do not post inappropriate comments or pictures, or any information about your case. The information or pictures you post can be used against you in court. Again, ask yourself “do I want the judge seeing this information or pictures and will this put me in a bad light in front of the judge?”. Bad behavior on social media sites really cannot be explained away in front of a judge. For additional information about social media see my blog “I want to win custody of my children, but I love Facebook…”.

To summarize, while the other party may poke at you via text or phone calls, this is the time to dig deep and develop self-control about how and when to interact with your spouse. Learning that you do not need to respond immediately, or at all will lower your anxiety, hopefully reduce the back and forth between the two of you, and will protect you in the event that your case is required to be heard by the judge.

If you have questions about communicating with the other party while going through a divorce or custody battle, or any other questions related to the divorce process, contact Schmitt Law, PLLC and set up an appointment. Give us a call at 616-608-4634.

How Long Does It Take To Get A Divorce In Michigan?

January 31, 2022 By Laurie Schmitt

Under Michigan law, if there are no minor children of the marriage, the mandatory wait period is 60 days from the date of filing the complaint for divorce. If there are minor children of the marriage, the statutory wait period is six months from the date of filing the complaint for divorce. These statutory wait periods are defined in MCL 552.9(f).

Typically, a divorce will only be completed within these statutory wait periods if the parties agree on the terms of the judgment of divorce (the divorce remains uncontested). However, many divorces cannot be completed as uncontested divorces. Because of that, the actual time-frame to complete a divorce in Michigan is based on many factors such as:

The complexity of the case
What issues the parties cannot resolve
If there is a need for mediation
If there is a need to complete the discovery process
If there is a need for trial

If the divorce remains contested, the actual date of completion of the divorce will realistically exceed the statutory wait periods.

More commonly seen for time-frames to complete divorces in Michigan is that the process takes between six to nine months. If your divorce remains contested, and a trial is necessary, you can expect to have a trial scheduled and completed within a year of the date of filing. This means if your case requires a trial with the judge, you will not be divorced until a trial is held and a judge makes their final ruling.

If you have questions about how long a divorce takes in Michigan or any other questions related to the divorce process, contact Schmitt Law, PLLC and set up an appointment. Give us a call at 616-608-4634.

Questions for the Initial Interview With an Attorney

January 24, 2022 By Laurie Schmitt

Most people are overwhelmed when they find it necessary to meet with an attorney to discuss a possible divorce. And most people are unaware of what questions they should ask during the initial interview. It is also true that the biggest issue between a client and attorney is communication.

When you are at the initial interview, you want to make sure that you and the attorney will be a “good fit” and be able to work together effectively. If the following questions are discussed at the initial interview, there is less likelihood of misunderstandings with your working relationship with the attorney.

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How will you communicate with me? Do you handle most communication via the telephone, email, text, zoom, in person meetings, or a portal?
What time of day and what days are you available to communication with me? Is it simply regular business hours, or do you allow communication after hours and on the weekends? If you allow communication after hours or on the weekends, is it via telephone, cell phone, email, or text?
When I contact you, how long will it be before I get return communication from you? Do you return calls, emails, and texts within a specific period of time? If so, what is that timeframe?
Are after hours or weekend communication billed at a different rate other than your regular rate of pay? If so, what is that hourly rate?
Will most of the communication with your office be directly with you or other staff members? If it is with staff members, will I be charged for that time, and if so, what is that hourly rate?
What is your hourly rate, and is there a minimum billable time?
What will I be charged for? Calls, letters, emails, communication with your staff?

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If you ask these simple questions during the initial interview, you will have a greater understanding of how the attorney addresses communication with their clients, and whether their style of communication will meet your expectations and needs. As the divorce process is hard

What Is Considered Marital Property In The State of Michigan?

January 17, 2022 By Laurie Schmitt

Is the house considered marital property?

If the house was acquired during the marriage and paid with marital funds, it is marital property. If one party is to retain the house, the house should be appraised (considering the volatility of the current market). Once the fair market value has been determined, then we subtract all mortgages and home equity loans from the value to determine the net value of the home. That net value will be divided equally between the parties. This means the person retaining the home will owe the other party one half of the net value. If the house was owned by one the parties prior to marriage, then we have an issue of “separate property”. Separate property means that one party purchased the house prior to marriage and may have a claim to the equity that was in the home at the time of the marriage. If this is the case, then it needs to be determined what the value of the home was prior to marriage, minus any mortgage on the home, to determine the net value. That net value may be given to the party before determining the true net value to be divided. As an example:

Home purchased prior to marriage

Appraised value at time of marriage $100,000
Mortgage at time of marriage $50,000
Net value $50,000

The party owning the home prior to marriage would be given credit for the first $50,000.00 of equity in the home before determining what would be paid to the other party.

Of course, this example is an over-simplification, and further information would be needed before Schmitt Law, PLLC could provide legal advice about your specific case. Also see my blog “Marital Property verses Separate Property” for more information regarding this subject.

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Are bank accounts considered marital property?

If the bank accounts were opened during the marriage, they are marital property. It does not matter if each party contributed equally to deposits into the account. This means the person who may have contributed more does not get a larger division of the account, as the entire balance is considered marital for the purposes of division of the account.

Are retirement accounts considered marital property?

For the purposes of this blog, I will provide a simple answer. If the money in the retirement account was acquired prior to marriage, and no other monies were deposited into the account during the marriage, the account most likely will be classified “premarital” and remain the sole account of one party. This means it will not be divided between the parties.

If the money in the retirement account was deposited into the account during the marriage, the account will be classified as marital and should be divided equally between the parties.

Note, that this is a complex subject, and should be thoroughly discussed with your attorney, as there are gray areas to this issue that will not be discussed in this specific blog. Note that this is a complex subject, and the answer provided is an over-simplification of the subject. Further information would be needed before Schmitt Law, PLLC could provide legal advice about your specific case.

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Are vehicles, boats, or other recreational vehicles considered marital property?

If the vehicle was purchased during the marriage, it will be classified as marital property. The most typical scenario is that one party will retain the vehicle, the equity value* of the vehicle will be determined, and the other party will receive credit for one-half of the equity value. Another scenario is that the vehicle may be sold, and the proceeds divided equally between the parties.

If the vehicle was purchased prior to the marriage, and marital funds were not used to purchase or pay for the vehicle (or any loan), the vehicle most likely will be classified “premarital” and remain the sole property of one party. This means that not equity value will be shared with the other party.

* Equity value: the market value of a specific item, minus any loan owed on the item = equity value

Are wedding rings considered marital property?

Engagement/Wedding rings are conditioned on the marriage taking place. If you were married, then the ring is considered a gift, and does not need to be returned to the other party. If there was no marriage, then the ring must be returned. In a divorce situation, each party retains their respective engagement/wedding rings as their sole personal property.

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Are pets considered marital property?

In the State of Michigan, animals are considered “personal property” for the purposes of property division. Some judges in Michigan treat dogs like any other personal property, in which case the highest bidder for the animal should win. The traditional method is simply assigning fair market value to the dog.

Some judges will consider other issues in determining the division of animals:

Nature of the pet, i.e., companion, family pet, service animal. •
Sentimental value of the pet to one party versus the other.
In which party’s name is the dog registered?
Even if the property is separate (i.e., owned by one party before the marriage) it can be transmuted into marital property through use, care, feeding, walks, etc., by the other party.
Who purchased the animal?
Who is the primary caretaker?
Show receipts for veterinary care by one party.
Show licensing records.
Grooming receipts by one party.
Dog training classes by one party.
Who feeds the dog?
Who buys things for the dog?
Neighbors’ testimony that one party always walked the dog,

Also see my blog “Divorce “The New Custody Case – Pets!” for more information regarding this subject.

To discuss solutions with your property division issues, or any other aspect of your divorce process, contact me, Laurie Schmitt, at Schmitt Law, PLLC. I am an Attorney, Mediator, and Collaborative Divorce lawyer.

Collaborative Divorce

Are bank accounts considered marital property?

Are retirement accounts considered marital property?

Are vehicles, boats, or other recreational vehicles considered marital property?

Are wedding rings considered marital property?

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