Divorce

Should I Seek Legal Advice If My Divorce Will Be Amicable?

December 12, 2022 By Laurie Schmitt

Many divorcing couples are looking to divorce amicably. And seeking legal advice may be viewed as hostile or taking an aggressive step against the other party. But this could not be further from the truth. Seeking legal advice can actually help divorcing couples through the divorce process.

There are steps family law attorneys can take on your behalf to keep the divorce process moving forward while maintaining an amicable position in the divorce. Family law attorneys can provide the following assistance:

Evaluate and assessing your legal situation, and provide in-depth legal advice based off the current law in the State of Michigan.
Provide procedural information regarding filing and serving of court documents.
Review court documents prepared by you or the opposing party/counsel.
Suggest documents for you to prepare.
Draft documents for you to file, including complaints for divorce, complaints for custody or parenting time, motions, answers, hearing notices, and other documents you may require.
Advise you as to what to expect in your court appearance.
Prepare you for your court appearance or a Friend of the Court evaluation.
Assist you to evaluate whether an agreement is fair based on the financial circumstances of you and your spouse and by reviewing financial disclosures).
Assist you in drafting a response to settlement offers.
Preparing Judgments of Divorce, child support orders, deeds, qualified domestic relations orders, and other documents related to the completion of your divorce.

By seeking legal advice in your divorce, you can achieve efficiency in the divorce process and confirm the fairness of your agreement (custody, parenting time, child support, division of assets and debts, and transfer and sale of assets). It is important to understand that addressing these matters properly, through legal advice of a family law attorney, can keep the process on track and keep your divorce amicable.

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

At Schmitt Law, PLLC, we are here for you each step of the way in your divorce. From planning your first steps, to approaching your separation, to helping you understand your rights, to signing the final documents. We can help you navigate the separation and divorce process. To get started today, book a consultation online or by calling Schmitt Law, PLLC at (616) 608-4634. Whenever you are ready, we are here for you.

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.

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.

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.

Top 5 Divorce Myths Debunked

November 23, 2022 By Laurie Schmitt

There are some common myths about divorce that are simply untrue. Laurie Schmitt of Schmitt Law, PLLC debunks the top 5 divorce myths.

MYTH 1: DIVORCE ALWAYS ENDS IN A TRIAL

It is rare for divorcing couple to end up in trial. Court intervention would only be necessary if divorcing couples are unable to settle disputes. And before parties arrive at a trial date, they must attempt mediation. Hence, trial would be the last resort.

The cost of a divorce escalates quickly if parties are unable to resolve their outstanding issues. However, divorcing couples can opt for alternate dispute resolution methods such as mediation or the collaborative divorce process. These alternate dispute resolution methods allow divorcing couples to take control of their case and their outcome without the need of expensive litigation.

MYTH 2: DIVORCE IS ALWAYS EXPENSIVE

MYTH 3: THE PARENT WITH “CUSTODY” OF A CHILD HAS GREATER RIGHTS THAN THE OTHER

In Michigan there are two types of custody: legal and physical. Who a child lives with has no bearing on each parent’s role in making important legal decisions for the child such as educational, medical, and religious decisions. If the parties are awarded joint legal custody, both parents have equal right in making these decisions on behalf of the child.

MYTH 4: NO CHILD SUPPORT – NO PARENTING TIME

There is no legal basis for a parent to prohibit parenting time if the other parent fails to pay child support as ordered by the court. If one parent is not receiving their child support, they can address that with Friend of the Court or the Court. But they do not have the legal right to prevent the other parent from exercising their parenting time as ordered by the court.

MYTH 5: UNMARRIED WOMEN HAVE REAL PROPERTY RIGHTS

Common law marriage is the term for a “marriage” that exists solely by agreement and by cohabitation. The State of Michigan does not recognize common law marriage, as common law marriage was abolished in Michigan in 1957. Therefore, if you and your partner were not legally married, you do not automatically have the same property rights as parties who were married. If parties who cohabitate intend to purchase real property, they should seek legal advice on how to protect their interests/rights in real property.

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.

Top Three Reasons To Mediate Your Divorce

November 11, 2022 By Laurie Schmitt

What is mediation? Mediation is where a third-party neutral assists parties in reaching a fair and reasonable resolution. But what are the benefits of mediating when you can just go to court and get everything you want? What do I stand to lose by litigating?

Before you think you can just go to court and get everything you want, you should think twice. Will I really get everything I want, and does it make sense to spend valuable assets to fight verses engage in the mediation process.

The following are the top three reasons you should mediate your divorce:

1. COST

Simply put…divorcing cost money. Attorneys are expensive. And parties who want to fight should anticipate spending $300-$500 an hour for a qualified family law attorney. Translation…be prepared to spend thousands of dollars if you intend to fight.

2. THERE ARE NO WINNERS IN A DIVORCE

As stated above, the divorce process can be costly. And now that you’re getting a divorce, you are leaving your marriage with one-half of what you had. Do you want to continue depleting your share of the marital estate on attorney’s fees? Most people believe the only way to get what they want or deserve it to “fight (litigate in court). However, good family law attorneys are skilled negotiators. And mediation is the perfect platform for your attorney to use those negotiation skills to get you what you want, without the need of a trial.

3. THE LAW IS THE LAW

All divorcing parties have their opinion of what the outcome of their case should look like. However, the law may not support that opinion. To broadly summarize family law: decisions involving children are decided based off the best interest of the children and marital property is divided equally between the parties. After a lengthy and costly battle, you will walk away having spent money to receive what you could have obtained in mediation. And a successful agreement at mediation will be without the financial and emotional loss you would have sustained through the trial process.

To conclude, judges encourage and/or require parties to participate in mediation before they will provide you with a trial date. And, a good mediator will be able to assist you and your spouse in obtaining either a full or partial agreement. You can walk out of mediation with a fair outcome of your case, without going to all ends destroying your pocketbook and the other side through litigation.

COLLABORATIVE DIVORCE – THE LITIGATION ALTERNATIVE

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

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.

Hints For Parents Going Through A Custody Case

November 4, 2022 By Laurie Schmitt

Are you going through a heated custody case, or intend to be involved in a custody case in the near future? If so, the following list may help you from making unnecessary mistakes.

Attend ALL parent/teacher conferences with your children’s school
Stay in weekly contact with the teachers (through email, telephone or in person)
Address issues your children are having in school
Attend all extra-curricular school activities of the children
Place the children in counseling (if necessary)
No dating – it shows the court that you are placing the children’s needs ahead of your own
Do not spend the night away from home unless it is for business (and it can be documented as such)
Do not have boyfriends/girlfriends spend the night (once again, no dating)
No social media (Facebook, Twitter, etc.,)
Do not argue or use foul language with the other parent (especially in front of the children)
Do not disparage the other parent in front of the children
Attend church with the children and enroll them in any activities that are age appropriate
Do not stalk, harass, or continually call the other parent
Make sure all emails to the other parent are of a content you would not be embarrassed to have a judge read (as they can be used against you in a custody evaluation and at trial)
No drug or alcohol use: you may be required by the court to take a drug screen
Do not go to bars or nightclubs with friends/girlfriends/boyfriends (as any activity maybe documented and used against you at trial)
If your license has been revoked or suspended, no driving
No fighting or encounters with the other parent when you are at exchanges
If you are having issues at exchanges, document the exchanges via video
No illegal activity: do not get arrested
If the other party has alleged that you have a drug or alcohol issue – obtain a drug screen every thirty (30) days during the duration of the divorce
Do not test “dirty” on any drug screen
Note that your activities may be documented by a private investigator and used at trial

CONTACT SCHMITT LAW, PLLC FOR LEGAL ADVICE ON CUSTODY. GRAND RAPIDS FAMILY LAW ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

Custody is a sensitive topic in divorce cases. Child custody mediation will put your child first and set you up for a healthy co-parenting relationship. With an experienced attorney and mediator like Laurie Schmitt, you will be able to navigate your new family dynamic with clear understanding and communication. Looking for a professional and experienced family law attorney, contact us online or give us a call at (616) 608-4634. At Schmitt Law, PLLC our commitment is to you!

What Is The Difference Between Flat Rate And Hourly Rate Fees What You Need To Know

October 21, 2022 By Laurie Schmitt

HOURLY RATE FEES

In family law, the hourly fee method is the most common response you will receive from law firms when discussing payment methods. In most cases it is hard for a family law attorney to determine exactly how complex your case will be and therefore how long it will take to complete. Therefore, it is a risk accepting family law cases on a flat rate basis.

FLAT RATE FEE

A flat rate is simple…one fee for the entire case. Newer firms may have less expensive flat rate fees. But the newer firms have less experience. Older firms will have more experience. But their fees may cost more.

THE PROS AND CONS

In summary, both hourly rate and flat rate fee structures have positive and negative aspects for the client. These differences must be considered carefully before retaining a family law attorney.

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.

Separate Maintenance: An Alternative To Divorce

October 19, 2022 By Laurie Schmitt

If you are not prepared to file for a divorce, there is an alternative. In the State of Michigan, you may file to obtain a legal separation. This process is called “separate maintenance”.

The Difference Between Separate Maintenance And Divorce?

The procedure for obtaining a Judgment of Separate Maintenance in Michigan is practically the same as the procedure for a divorce. The difference between a divorce and a Separate Maintenance action is when a Judgment of Separate Maintenance is entered you are divorced from everything except the bounds of matrimony.

Can I Remarry If I Obtain A Judgment Of Separate Maintenance?

If you have a Judgment of Separate Maintenance in Michigan rather than a Judgment of Divorce, you cannot remarry (as you remain legally married to your spouse).

What Happens If I Obtain A Judgment Of Separate Maintenance And Now Want A Divorce?

If you receive a Judgment of Separate Maintenance in Michigan and then later decide you do want a divorce, you will need to file a new case for a divorce. If during the separate maintenance action, the Defendant request the court for a divorce, the case will be changed to a divorce action, and will proceed and be completed as a divorce action.

Why Would I Want A Separate Maintenance Judgment Rather Than A Judgment Of Divorce?

There are several reasons for deciding to file for separate maintenance over filing for divorce. Religious, moral, or economic reasons can all influence your decision. The ability to maintain insurance coverage, retain military benefits, and retain tax benefits are all considerations when determining what option is best for you.

RELIGIOUS REASONS: Some people may fear being ex-communicated from their church if they were to divorce, so they may choose to use the Separate Maintenance procedure instead of a divorce.
HEALTH CARE REASONS: If a party has health concerns and requires continuing medical insurance, but if they divorced their insurance would terminate, they may use the Separate Maintenance procedure to be able to continue on their spouse’s health insurance. Note that it is becoming more frequent that employers are considering a Separate Maintenance Judgment to have the same terminating effect as a divorce with respect to health care benefits.

What Can Be Determined In A Separate Maintenance Action?

A separate maintenance action is similar to a divorce action wherein property, debts, child custody, child support and parenting time are determined by the court. The difference between divorce and separate maintenance is that after the completion of the separate maintenance action, you remain married to your spouse.

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

We understand that filing for separate maintenance 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 a separate maintenance action that promotes positive communication and cooperation. Through mediation or the collaborative process, Laurie guides her clients through amicable 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.

Divorce

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