Divorce

Common Sense Divorce Rules

August 30, 2022 By Laurie Schmitt

The following are common sense rules for couples in the midst of a divorce.

THE “DO’S”

Do start making a list of your debts (and their balances as of the filing date of the divorce).
Do start making a list of your retirement accounts (and their balances as of the filing date of the divorce).
Do maintain the household expenses – “status quo”.
Do start working with your spouse to discuss division of personal property. After all, who wants to spend money on an attorney to help you divide your “stuff”.
Do start having discussions with your spouse about finances.
Do start having discussions with your spouse about the disposition of the marital home. Do either of you want to keep the marital home after the divorce or do both of you agree to sell it.
Do discuss with your spouse how and when you will tell the children that you intend to file for a divorce.
Do seek counseling for yourself or the children, if necessary.
Do remain or get active with your children and their education.
Do prioritize your children and their emotional needs during this difficult time.
Do start thinking about your budget post-divorce.
Do make your discussions with your spouse productive.

THE DO NOT’S”

And yes, this list tends to be much longer!

Do not hide, give away, or destroy personal property.
Do not give away pets.
Do not remove money or empty out your retirement accounts.
Do not cancel health, auto, or life insurance policies (for your spouse or the children).
Do not cancel utilities associated with the marital home.
Do not cancel your spouse’s cell phone service.
Do not take out any new loans (such as personal loans, or home equity loans).
Do not cash out life insurance policies.
Do not sell real property (without an agreement between the parties).
Do not sell vehicles (without an agreement between the parties).
Do not run up credit cards.
Do not make large purchases such as a house or vehicle.
Do not change your children’s school (without an agreement between the parties).
Do not stalk or harass your spouse (this even means excessive texts, calls, and emails).
Do not discuss the divorce in front of your children.
Do not ask your children who they want to live with (as adults and judges make this decision, not children).
Do not alienate your children from your spouse.
Do not ask your children to take sides.
Do not discuss your divorce on social media.

AN ATTORNEY WHO UNDERSTANDS YOUR CIRCUMSTANCES

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.

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

August 26, 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.

Key Questions To Ask Your Divorce Lawyer

August 23, 2022 By Laurie Schmitt

CAN MY SPOUSE PREVENT ME FROM GETTING A DIVORCE?

No. If you have filed for divorce, your spouse cannot stop the divorce from being finalized. The court will move the case along, with or without his permission or participation.

WILL I BE RESPONSIBLE FOR MY SPOUSE’S STUDENT LOAN DEBT?

Not generally. If the spouse acquired the student loan debt before the marriage, then typically the debt remains the sole responsibility of that spouse. Note, there can be narrow exceptions to this rule. Contact Schmitt Law, PLLC to obtain further information about student loan debt.

IS MY SPOUSE ENTITLED TO A PORTION OF MY RETIREMENT ACCOUNT?

Yes, if the retirement account was acquired during the marriage. If the retirement account was acquired before marriage, then it may remain separate property of that spouse.

WILL I BE RESPONSIBLE FOR MY SPOUSE’S MEDICAL DEBT?

Yes. Medical debt acquired during the marriage is considered marital debt, to be divided equally between the parties.

WILL MY SPOUSE BE RESPONSIBLE FOR MY ATTORNEY’S FEES?

Do not count on an attorney’s fee award. You may always file a motion to request assistance with payment of your attorney’s fees. However, there is no guarantee that the judge will grant such a request. The answer to this depends on your specific facts and circumstances. Contact Schmitt Law, PLLC to obtain more information about requesting your attorney’s fees to be paid by your spouse.

ARE MEN EVER GRANTED SPOUSAL SUPPORT?

Yes. The court does not have gender bias when it comes to the determination of payment of spousal support. The court reviews specific factors to determine if the payment of spousal support is appropriate – and awards spousal support when it is appropriate. These awards are not based on gender.

ARE MEN EVER GRANTED CUSTODY?

Yes. Men can be granted custody of the minor children. The court reviews the 12 best interest factors when making a determination about custody. Gender does not necessarily play a role in the court’s final decision on custody.

Note, the contents provided above are for general information purposes only, and should not be construed as legal advice on any specific facts or circumstances. As family law is complex, answers to your specific and unique situation may vary greatly from the general answers provided in this blog.

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.

Your Choices For Divorce Resolution – The Checklist

August 15, 2022 By Laurie Schmitt

There are many ways you can complete your divorce. Each divorce resolution option has it’s good and bad. With that said, each divorce resolution process may not be the best choice in all divorce cases. Selecting your divorce resolution process to complete your divorce can affect your emotions, your pocketbook, and the outcome. Select wisely!

The following is a chart outlining each divorce resolution process and their advantages and disadvantages:

EXPERIENCED DIVORCE ATTORNEY

If you want to learn more about what divorce resolution process may be right for you and your family, schedule your consultation today with Laurie Schmitt of Schmitt Law, PLLC.

We look forward to speaking to you and being your advocate during this crucial time in re-framing your life. Contact Schmitt Law, PLLC online or call (616) 608-4634 to arrange a consultation.

A Successful Divorce Mediation

August 9, 2022 By Laurie Schmitt

Mediation is set in your divorce case. How do you set yourself up to have a successful mediation? Here are the top tips to ensure you make the most of your time and money at mediation:

COMPROMISE AND CONCESSIONS ARE NECESSARY.

If neither you nor your spouse are willing to move from your point of view, your case will inevitably end up in the hands of the judge. Remember, mediation is a voluntary process wherein you and your spouse maintain total control of the outcome of your divorce. You own the process and own the outcome.

BE PREPARED.

Have your financial documents with you at mediation. Remember, it’s impossible to resolve financial issues without written documentation. Be prepared to show the mediator and your spouse through statements. Don’t expect them to believe it just because you say so.

BE REALISTIC WITH YOUR EXPECTATIONS.

Set your goals appropriately. Remember, there is never a time that just one-party walks out of mediation with everything they set out to get.

BE COOPERATIVE, NOT COMPETITIVE.

Look for your common shared interests. Look for the win/win.

BE OPEN MINDED.

Be prepared to listen to your spouse and consider their point of view. An agreement today can result in improved capacity co-parent in the future. Once again, a win/win.

DON’T PLAY THE BLAME GAME.

The mediator doesn’t want or need to know the details of why you are seeking a divorce. The mediator is a neutral third party assisting you in getting to a resolution. The “what happened during our marriage” conversation is not necessary.

GET YOUR HEAD IN THE GAME.

Enter into mediation with the mindset you are here to fully engage in the process, to get resolution in your divorce, and to walk out of mediation starting your new life.

WATCH YOUR WORDS AND YOUR TONE.

If your true goal is to reach settlement, then be careful what you say and how you say it. This is not marriage counseling, a trial, or the time to hash out your differences.

Mediation empowers couples. Set aside your anger and frustration, your need to win, and your need to blame. If you are able to do so, you will walk out of mediation with a durable agreement that satisfies both you and your spouse. And, you will have maintained total control of the outcome of your divorce. Parties who reach their own agreement are much more satisfied than parties who hand the power over to the judge.

DIVORCE AGREEMENTS BASED ON FAIRNESS

When attorneys listen to their clients and work together to create a fair settlement, contested divorces can be effectively settled through negotiations and alternative dispute methods. When possible, Schmitt Law, PLLC focuses on resolving divorce and child custody matters through mediation or collaborative divorce methods. These alternative dispute methods allow you to have complete control over the outcome of your future.

Contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

How To Divorce Without Regret

July 29, 2022 By Laurie Schmitt

Divorce can be a painstaking process of dividing your lives, your finances, your debt, and your children. Is there really anything that spouses can do to make the divorce process easier, and to divorce without regret, shame, guilt, or remorse?

There is no rule that you must leave your marriage hating your spouse, harboring anger towards them, or with shame about a failed marriage. You can leave your marriage with respect for the marriage and for the time you spent as a family. You can leave your marriage with your dignity intact. It’s all a matter of shifting the way you think about the divorce process.

Often, it’s the actual divorce process that creates an even more chaotic situation in the lives of two people who seek to end their marriage.

COLLABORATIVE DIVORCE – A RESPECTFUL WAY TO DIVORCE

Divorce is a painful and emotionally stressful time for everyone. That’s why more couples are turning to the collaborative divorce process.

In the collaborative divorce process, a highly trained team of professionals work together with you and your spouse to develop a fair, open and child centered resolution. The collaborative divorce process allows you and your spouse to reach your own agreement, while promoting positive co-parenting post-divorce. If you and your spouse want to avoid the court battle, collaborative divorce may be an alternative for you.

YOUR CHOICE – YOUR WAY

Who knows your family and their needs better than you and your spouse? The collaborative divorce process empowers divorcing couples – allowing you and your spouse to maintain total control of the outcome of your divorce. You and your spouse make your choices, your way – choices that make sense for your family.

In collaborative divorce, the emphasis is placed transparency and teamwork. Through open and honest discussion, the collaborative process encourages you and your spouse to communicate with one another to create and assess options. Through these options, you and your spouse can reach a settlement that satisfies everyone’s needs – tailored to the needs and interests of your family and allowing you and your spouse to keep your private matters private.

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

At Schmitt Law, PLLC we encourage clients to take a more collaborative approach to divorce that promotes positive communication and cooperation. Laurie K. Schmitt, founder of Schmitt Law, PLLC, is an Attorney, Mediator, and Collaborative Divorce lawyer. When possible, she guides her clients through amicable divorce settlements so they can move forward with their life. Contact Laurie at (616) 608-4634 to schedule a consultation to discuss the collaborative divorce process and how it can benefit you.

Dads & Divorce: Divorce Tips For Fathers

July 27, 2022 By Laurie Schmitt

Will you be a good father after your divorce? The following are tips for fathers who find themselves going through a divorce and learning how to parent on their own.

DO acknowledge the special moments in your child’s life: your child’s birthday, their first day at school, school events such as holiday shows/plays, and a “win” at their softball game.
DO attend your child’s sporting events, their extra-curricular events, and their school or church events.
DO call or video your child on days that you are not exercising parenting time. Stay connected with your child between your visits.
DO make your parenting time with the child special. It’s not quantity of time that is important, but quality of time with your child.
DO be “present” during your parenting time (physically and emotionally). Make your time with your child about your relationship with them.
DO engage in the daily tasks such as assisting with homework and talking to them about school and their friends.
DO listen to your child. Assure them that they are safe to share their feelings with you, and that you are there for them. After all, divorce brings changes that impacts your child.
DO find your own holiday traditions that you and your child can share during the holidays. Santa and the Easter Bunny can come to your house as well!
DO stay connected with your child’s teachers/school by attending parent-teacher conferences and other school functions.
DO be at exchanges of your child on time.
DO effectively co-parent with your spouse.
DO take an interest in your child’s medical and dental appointments. Perhaps you take turns with your spouse in taking your child to medical and dental appointments.
DO be the best dad you can be! Remember, they look up to you and love you, and do not expect perfection.

FATHER’S RIGHTS – GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

If you wish to understand your rights as a father, or someone violates them, seek help. At Schmitt Law, PLLC, we help parents work together to create a parenting plan that is in the best interests of your children. Through mediation, collaboration, or litigation, if necessary, our knowledgeable Michigan family law attorney will be your advocate and help you through this difficult time. To schedule a consultation or learn more about our services, contact us online or call (616) 608-4634.

What Should I Ask My Divorce Attorney At The First Meeting?

July 18, 2022 By Laurie Schmitt

Asking the right questions at the initial interview will assist you in determining if you and the attorney will be a good fit to work together. v And, obtaining answers from the beginning of the attorney-client relationship can set a positive tone between you and the attorney. Remember, this is your interview. You should feel free to ask the attorney anything you have concerns about.

HOW LONG WILL MY DIVORCE CASE TAKE?

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). Realistically, a contested divorce in the state of Michigan can take 8-12 months.

WHO WILL I ACTUALLY BE WORKING WITH?

Will you be working with the attorney you interviewed with or an associate of the firm? Understand who you are hiring. If you will be working with an associate, meet them before you retain the law firm. The point of a consultation is to see if you can have a successful working relationship with the attorney. It’s hard to make that determination if you interview with one attorney, and your case is assigned to another attorney you have not met.

HOW WILL THE ATTORNEY COMMUNICATE WITH ME?

To avoid misunderstanding and frustration in your attorney-client relationship, understand how your attorney will communicate with you. Do they prefer communication through email, telephone, or text? Who will you be primarily communicating with – the attorney or their staff?

HOW OFTEN WILL THE FIRM SEND ME INVOICES?

Ask how often the firm sends invoices. You do not want to receive an invoice several months after you have retained your attorney only to find out that your retainer is completely depleted. Better to know each month where you stand financially with your attorney.

WHAT WILL I BE BILLED FOR?

Have a full understanding of what you will be billed for such as calls, emails, texts, document preparation, attendance at hearings, postage, and costs.

DOES THE ATTORNEY HAVE ANY EXPECTATIONS OF ME?

Does the firm have rules about client use of social media during the pendency of your case? Do they have suggestions about how to communicate with your spouse while the case is ongoing? Do they want to be informed of discussions/issues that arise between you and your spouse, and how often? Does the attorney have other rules that may guide you smoothly through your divorce process?

WHAT DOCUMENTS WILL THE ATORNEY REQUIRE OF ME?

The earlier you begin compiling the necessary documents for your divorce attorney, the easier it will be for you. You can be assured that your divorce attorney will need documents such as your tax returns, paystubs, mortgage statements, deeds, titles, credit card statements, and retirement account(s) statements. Ask the attorney to provide you a detailed list of what they require.

IF YOU ARE READY TO GET STARTED WHAT ARE THE NEXT STEPS?

Typically, this would mean that you need to sign a retainer agreement, make payment of the retainer, and provide information for the attorney to draft the documents necessary to file your divorce.

MICHIGAN COLLABORATIVE DIVORCE ATTORNEY

Schmitt Law, PLLC treats each and every client with understanding. We will address any questions and concerns that you may have in order to structure our representation accordingly. Whether you have a simple, uncontested divorce or a complex legal battle that must be litigated, contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

Divorce

Footer