Divorce

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

Preparing For The Initial Consultation

December 31, 2021 By Laurie Schmitt

You made the appointment for your initial consultation and now wonder what you should bring to the first meeting with the attorney. For the attorney to prepare a snapshot of your case, you should be prepared to answer questions regarding your finances and property holdings. To make the most of that first meeting, I suggest having the following information and/or documentation with you:

List of all bank accounts. Provide account numbers, current balances, and statements for the last three months for each account. (savings, checking, CD’s, credit unions)
Copies of titles and registrations for all vehicles, boats. etc.
Blue book values on all vehicles and boats. Print reports for private party values for each vehicle and/or boat.
Warrant Deed and statements reflecting mortgage balances owed for all real estate.
Copy of Appraisal for home (if recent).
Copies of life insurance policies.

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Most recent property tax statement and any recent appraisal reports for all real estate.
Statements for each retirement account statements (401k’s, IRA’s, 403B’s, pensions, profit sharing, etc.).
Statements for investments (stocks, bonds, mutual funds, etc.).
Information for inheritance received during the marriage.
List all credit cards and other debts (mortgages, car loans, home equity lines of credit) indicating whether joint or individual, and balance owed, and provide copies of statements for the last three months for each.
Documents for all other indebtedness.
Any financial statements recently prepared (ex: for loan applications).
Recent paystubs for both spouses.
The last three years’ tax returns with W-2’s and schedules attached.
Business interests, corporate stock certificates, etc.
Franchise agreements.
Employment Contracts.
Lease agreements.
Copy of household budget if used.
Prenuptial or postnuptial agreements.
If you have children under 18:
- Verification of yearly daycare costs
- Information on, or copy of, current health care cards
- Cost of employer provided health insurance with breakdown for costs for self and cost for self with family
Often, attorneys do not need to review all of these documents at the initial interview. However, having the information in your hands during the first meeting will assist you in answering questions regarding your finances. And the more specific the information you can provide to the attorney, the better the legal advice will be.

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.

Contested vs. Uncontested Divorce

December 29, 2021 By Laurie Schmitt

One question I receive often is what is the difference between a contested and uncontested divorce. The following chart diagrams the difference between the two types of divorces:

CONTESTED DIVORCE	UNCONTESTED DIVORCE
A summons and complaint for divorce is filed with the court.	A summons and complaint for divorce is filed with the court.
The opposing party is served with the summons and complaint for divorce	The opposing party is served with the summons and complaint for divorce.
The opposing party may file an answer to the complaint for divorce.	The opposing party may file an answer to the complaint for divorce.
The affidavit of service is filed with the court showing that the opposing party was served with the complaint for divorce.	The affidavit of service is filed with the court showing that the opposing party was served with the complaint for divorce.
The court sets a scheduling conference – This hearing is where the court sets dates for mediation and discovery.	The court sets a scheduling conference – This hearing is where the court sets dates for mediation and discovery.
Discovery is exchanged – discovery is a process in which each party asks the other for documents. These documents include, but are not limited to: deeds, titles, registrations, appraisals, life insurance policies, retirement account information, credit card and other indebtedness, paystubs, tax returns, business documents (if one party owns a business), and any other documents specific to the parties.	The parties work together to craft the terms of their judgment of divorce. These will include provisions for custody, parenting time, division of real and personal property division of assets and debts, and any other provisions specifically related to the parties’ divorce.
Mediation is held – mediation is a process wherein the parties meet with a third-party neutral trained in domestic relations mediation. The mediator assists the parties in reaching an agreement. If the parties are unable to reach an agreement, the case moves forward in the court.	Once the parties reach an agreement, and after the statutory time has lapsed, a final hearing is set and held and the parties are now divorced.
The court sets a settlement conference –A settlement conference is a hearing where the court meets with the attorneys and parties to address the outstanding issues and see if settlement can be reached.
If the parties are unable to reach an agreement at the settlement conference, the case is set for trial.
Trial is held wherein both parties present testimony to the judge. The judge reviews the testimony and makes the final decision on the outstanding matters.
A judgment of divorce is drafted to comport with the judge’s ruling, the judge reviews and signs the judgment of divorce and the parties are now divorced.

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As you can see, a contested divorce is a much lengthier process, and more costly and time consuming. A contested divorce puts all of the control of the outcome of the parties’ divorce into the hands of the judge. An uncontested divorce allows the parties to maintain total control of the outcome. When parties are able to reach an agreement through an uncontested process, they are more satisfied with the results, and rarely need to return to court for post-divorce matters.

For more information about how an uncontested divorce can work for you, contact me, Laurie Schmitt, Attorney at Law, at Schmitt Law, PLLC, by calling 616-608-4634.

What Is A Child Centered Divorce?

December 13, 2021 By Laurie Schmitt

You may be thinking what is a child centered divorce, and can a child centered divorce really be achieved? A child centered divorce is where the parties are concerned about the impact of their divorce on the children and maintain the focus of the divorce on the needs of the children. And yes, this can be achieved.

The following are important points you should know about a child centered divorce:

1. Make your divorce “all about the children”, and agree to work together to keep the children’s emotional needs as their focus of the divorce. This means that the parties’ actions, now and in the future, will be in the best interests of their children, and they will make their decisions and continue to communicate with this in mind.

2. The parties are banned from discussing details of the divorce litigation with them. This is not to say that they children should not be told about the divorce. But information provided to the children must be in the most general terms, age appropriate, and without specific details or viewpoints.

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3. Do not disparage the other or their family members in front of the children. The parties shall refrain from disrespecting the other or their families and friends, and shall refrain from making disparaging remarks, false statement, and false accusations about each other and encourage their friends, relatives, and neighbors to avoid making the similar remarks.

4. Agree never to place the children in the middle of the divorce. It may be difficult to refrain from talking about the divorce, but with a little willpower, it can and should be done. Children love both parents and should not be placed in a position that they feel they must take your side or choose between their parents. Therefore, there should be no discussion, derogatory comments, or questioning of the children concerning the other parent, the other parent’s relationships, or the other parent’s activities.

5. Children should be assured that they are not the cause of the divorce, and that both of you still love them even though you will not be living together as a family any longer.

In summary, children should be left out of disputes, and certainly do not need to know specifics about the divorce litigation. The parents are the ones who should carry that burden of the divorce process, not the children. Support the children by being civil to one another, and understanding that the children may be struggling with this process as well. Put the children’s needs first to avoid putting the children through needless drama.

For assistance with your divorce process, contact Schmitt Law, PLLC to schedule an appointment.

Your Judgment of Divorce has been signed. BUT… have you finalized the details?

July 19, 2021 By Laurie Schmitt

So, you are officially divorced! Have you taken care of all of the “details”? You ask, “what details”? If you have recently finalized your divorce, there are important matters that need to be addressed to wrap up your divorce. Just remember, details matter!

Now that the divorce is complete you should review the following list of items that should not be overlooked after your divorce:

Check all of your health, life, disability, auto, home, insurance policies to make changes in coverage or name different beneficiaries as might be appropriate.
Check all of your IRA’s, SEP’s, 401K’s, profit sharing, retirement accounts, or other retirement and/or pension plans to make changes in coverage or name different beneficiaries as might be appropriate.
As to medical insurance (COBRA) coverage for yourself, or health care insurance coverage for your children which is to be carried by your former spouse, you should follow through on checking with the appropriate person to make sure that forms have been filled out and that you or the children are properly covered.
If the Judgment of Divorce requires your former spouse to maintain life insurance to secure any of the provisions within the Judgment of Divorce, Michigan Law requires that you follow-up in writing with the life insurance company. You will be required to supply them with a copy of the Judgment of Divorce or a letter outlining your former spouse’s obligations under the terms of the Judgment of Divorce, and clearly indicate that the policy is to be maintained as required by the Judgment of Divorce. Again, this must be done in writing, otherwise the insurance company may be able to avoid their liability.

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You should check the titles to all of your property and make sure they correctly reflect your name as required by the Judgment of Divorce. Or, you need to sign any papers necessary to have your name removed from the title of property as the Judgment of Divorce may require.
As to any pension, IRA, or other retirement funds to which you are now entitled under the Judgment of Divorce, you should make contact directly with the pension plan administrator to make sure that the Judgment of Divorce has been complied with, and that the funds have been appropriately transferred as the Judgment of Divorce requires.
If you have a Will, you need to review it for appropriate revisions. If you do not have a Will, now would be a good time to make one.
You need to review your tax withholding and/or your estimate tax payments for any necessary adjustments which may need to be made a result of funds you receive under the Judgment of Divorce, or to reflect your new single status.

Laurie Schmitt of Schmitt Law, PLLC is a West Michigan family law attorney specializing in collaborative divorce as well as separation, divorce, child custody and support, paternity, and other family law litigation. She is licensed by Michigan State Bar and the U.S. District Court for the Western District of Michigan, and has extensive advanced training in divorce mediation and collaborative divorce. Contact Laurie at (616) 608-4634 for a confidential consultation.

What the Court Considers When Changing Parenting Time

July 19, 2021 By Laurie Schmitt

Are you considering requesting the court to modify your parenting time?

Has the other parent filed a motion to change parenting time?

If you have answered yes to either of the above questions, you need to know what the judge considers when granting or denying a motion to change parenting time?

MCL 722.27a (6) provides guidance on what the court may consider when determining the frequency, duration and type of parenting time, These factors are as follows:

(a) The existence of any special circumstances or needs of the child.

(b) Whether the child is a nursing child less than 6 months of age, or less than 12 year of age if the child receives substantial nutrition through nursing.

(d) The reasonable likelihood of abuse of a parent resulting from the exercise of parenting time.

(e) The inconvenience to, and burdensome impact or effect on, the child traveling for purposes of parenting time.

(f) Whether a parent can reasonably be expected to exercise parenting time in accordance with the court order.

(g) Whether a parent has frequently failed to exercise reasonable parenting time.

(h) The threatened or actual detention of the child with the intent to retain or conceal the child from the other parent or from a third person who has legal custody.

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A custodial parent’s temporary residence with the child in a domestic violence shelter shall not be construed as evidence a custodial parent’s intent to retain or conceal the child from the other parent.

In addition, there are some other considerations that can be looked at, such as:

The flexibility of the parents’ schedules
The developmental stage of the children
Special needs or restrictions of a parent
Ability of the parents to communicate and cooperate
Conflict level between the parents
Distance between the homes of the parents
The maturity level of the children
Children’s commitment to community such as work, school events, or participation on other activities
The children’s cultural and religious practices
The nature of the parent/child relationship at the present time
Parental fitness concerns, such as domestic violence, substance abuse or mental health issues
The parent’s ability to care for the children and meet the needs of the children
The parent’s availability to meet the need of the children
When determining he breaks from school, consider the number of exchanges

What Can You Expect to Pay For Your Divorce

July 19, 2021 By Laurie Schmitt

FEES:
It is impossible for an attorney to calculate the exact amount that your divorce will cost, as each client has unique facts and circumstances specific to their case. The total cost of your divorce will depend on several factors to include the individual attorney you hire, the geographic location of that attorney, whether you or your spouse intend to be combative or collaborative, the number of contested issues and the complexity of those issues, and whether settlement is reached or trial is necessary.

COSTS:
In addition to your attorney’s fees, there will be costs involved such as court costs, fees for service of process, expert fees, travel time, mileage, postage, copies, etc. Costs may vary between attorneys. You and the attorney you hire should review the possible costs for your specific case, so that you understand your full financial obligation.

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RETAINER AGREEMENT:
It is important that once you have selected an attorney, that you and your attorney enter into a written document known as a retainer agreement. A retainer agreement is an essential contract between the client and attorney that outlines the rights, responsibilities, and obligations of the client and attorney during the pending case. A retainer agreement is a binding contract that is enforceable once signed by the client and the attorney.

RETAINER FEES
Prior to services being rendered, attorneys require an initial “down payment”. This down payment is known as a retainer fee. These funds are paid by the client to the attorney at the time services are contracted for. The retainer agreement is held in the attorney’s trust fund until earned. These funds are distributed to the attorney as outlined in the retainer agreement.

To learn more about the cost of divorce: How Much Does the Average Divorce Really Cost?

The DOs and DON’Ts During Your Child Custody Dispute

July 19, 2021 By Laurie Schmitt

I don’t know if anyone is ever comfortable with the idea of “fighting” over their children, but child custody disputes are the most common and difficult—both emotionally and from a legal standpoint—areas of conflict that I see in my West Michigan family law practice.

What do you do if you are one of those parents, and you find yourself on the brink of what feels like an emotional war over your kids. Or, what if it’s already turned nasty, and everything you do seems to be getting back to the judge?

Begin by asking yourself: what type of parent do you believe you are? Would a judge think you were a good parent if they could see your behavior, even outside of the courtroom, during the case? Do your decisions reflect a parent that puts the needs of their children ahead of themselves? It’s important to understand that your day-to-day actions and words—whether done and said in the heat of an emotional conversation with ex or not— will make their way to the judge if your case goes to trial. And if you are reading this and thinking this won’t happen in your specific situation, I implore you to think again.

Emotions and feelings of betrayal or entitlement aside, you need to understand what any judge hearing your child custody case will be concerned with.

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Judges are concerned with the “moral fitness” or character of the person standing in front of them and that person’s ability to make good decisions as a parent. Yes, that means that whether you like it or not, or you think it is fair or not, your judge will use the evidence that is presented to her in your trial as the basis of determining your character. That means your judge is tasked by the law to make their best decision about who are you as a parent, and whether you truly put your kids’ best interests first, without the benefit of having seen who you may have been before you found yourself in this awful situation. So what do you do to ensure that your judge sees you in the light you see yourself as your children’s parent? Here are some DOs and DON’Ts I recommend to my own clients to help them prevail in their child custody cases:

1. DO stay active with your children’s education, regardless of where your kids are currently staying during the school week.

Attend all parent/teacher conferences, and stay in weekly contact with your kids’ teachers through email, by telephone or in person.
Be proactive about addressing issues your children may be having in school.
Make it a priority to attend all of your kids’ extracurricular activities, even if that’s something you and your ex used to divide and conquer. It’s a whole new world during a child custody dispute, and your focus should be on the importance of your kids’ education and development.

2. DO get your kids counseling, even even if it’s just a few sessions with a therapist who can help them work through their new realities.

Every child copes with change in his own way. Even if you think your children are handling things well, every child in the middle of a custody war between two adults they probably love benefits from having a neutral third party they can talk to about their feelings. Your children need to feel safe while this process is ongoing. And remember, your children feel your anxiety and frustration, even when you don’t think they are paying attention, take care of their mental health.

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3. DON’T date during your divorce!

Instead, DO focus on your kids because it shows the court that you are placing the children’s needs ahead of your own.
But what if I really, really need to date? I am going to restate what I just said, in case you skipped over it to get to this section: DON’T date during your divorce. However, if you do choose to date,
DON’T introduce the children to your significant others. Be mindful that your children are struggling emotionally with the breakup of the family. If your significant other is important to you, and there is a genuine chance that they are going to remain in your life after the case, then they will understand that there will be a more appropriate time in the future for you to introduce them to your children.
That definitely means DON’T have your significant other spend the night when you have your kids!
DON’T spend the night away from home unless it is for business (and if it is for business, DO keep documentation). Staying the night away from home can show, once again, that your needs come before your children’s. And, it can be misread as a possible affair.
Even if you were never married to the other parent and are in the middle of a child custody battle, take note. Having multiple new people in and out of the children’s lives is not going to be viewed as healthy or appropriate by your judge. So, DON’T do it.

4. DON’T use social media. For more insights into why I think my clients are best served taking a social media break during a child custody case, see a recent post I wrote on this very topic.

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5. DON’T be insane!

That means DON’T engage in name calling, arguing, or using foul language in front of your kids. They’re already dealing with enough. Your inappropriate behavior toward your children’s other parent— in front of your children no less— demonstrates a lack of discretion, and it places your children on the front line of the war.
DON’T be insane in your written communications, either.
DO make sure that all verbal and written communication to the other parent is relevant to your children.
DO remember: Anything you put in writing can and will show up in court. If you send it, the judge may read it.
DO ask yourself before you hit send: Is what I am saying in this email or text really how I want the judge to see me? If the answer isn’t a resounding ‘YES’, delete it.
DON’T disparage your kids’ other parent in front of them.
Instead, DO focus your activities around your kids when they are with you.
DON’T spend what should be quality time with your children making sarcastic comments about your ex to them, or to others in front of them. By doing so, you may be unintentionally making your kids feel like they have to take sides on which parent they like more.
I’m guessing none of you really wanted things to go this way, but your kids are the ones with the least control in these situations, so DON’T add to their stress by making them feel like they are the frayed rope in an angry game of tug-of-war.
DON’T stalk, harass, or repeatedly call your ex. The last thing you need to have happen is the judge to call your mental health into question. And engaging those types of behaviors will certainly give the judge cause to ponder your character as a person and as a fit parent.
DON’T fight at encounters or exchanges. You are there to drop off or pick up your children, not to engage in battle with the other parent. And if you are having issues with the other parent’s behavior at exchanges, DO document the exchanges via video.

6. DO continue taking your kids to church if that’s what you’ve done historically.

DO feel free to enroll them in church-related activities that are age appropriate.
However, if you and your children have no history of church attendance prior to the custody case, DON’T use your new-found interest in church as a reason to try to prohibit the other parent from weekend parenting time.

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This might seem obvious, but you’d be surprised:

7. DON’T do anything illegal.

DON’T get arrested. Really, if you can’t stop yourself from doing things that could during your child custody case, why would the judge have any reason to believe you should be the parent who is awarded custody?
DON’T even risk the seemingly “silly little things” like driving without a license.
If your license has been revoked or suspended, DON’T drive. Doing so shows complete disregard for the law. Judges don’t like that.
DON’T use drugs and/or alcohol.
You may be required by the court to take a drug screen.If the other party has alleged that you have a history of illegal drug use—DO voluntarily obtain a drug screen during the case.
And, above all else, DON’T test “dirty” on any mandatory drug screens. That’s a sure way to say ‘goodbye’ to being granted custody of your children.

8. DO behave as though all of your activities are being documented by a private investigator and will be used at trial.

It’s not uncommon for private investigators to be hired in custody cases. Who knows your habits better than your ex? They know where you party. If they are attempting to make you look bad, what better way than to get video footage of you drunk at the bar. And while we are on the topic of bars:

9. DON’T go to bars or nightclubs while your child custody case is ongoing. These types of activities will only make you look bad at trial, as there is no way to spin frequenting bars and acting like a drunk for a judge. Believe it or not, the risks of unintentionally behaving badly after a night at the bar far outweigh the benefits, even though it may not always feel that way.

It may feel like the DON’Ts outnumber the DOs at a point in time in your life when you already probably don’t feel like you have much control. This is when I remind my clients that even though it doesn’t feel like it right now, their child custody case is not going to last forever. Remember:

DO take your kids’ best interests into consideration before you say or do anything during a child custody case. Even if you believe you always have and do to this day, now is the time to be even more diligent. And honestly, your kids need it right now more ever. Custody battles are frustrating and hard. Judges make custody determinations specifically on whom they believe is really going to look out for your children’s best interests.

DO give the judge as many reasons as possible to like you not only as a parent, but also as a person, and to rule in your favor.

Fighting for your children is a hard enough process to go through.

DON’T make choices or mistakes that you could easily avoid. DO everything with the best outcome for your children in mind.

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