Other Family Law Issues

Removal From The Law Enforcement Information Network (LEIN)

June 29, 2022 By Laurie Schmitt

Have you been placed in the Law Enforcement Information Network (“LEIN”) because of an involuntary hospitalization order under MCL 330.1464a.? Do you seek removal from LEIN?

Most people who are involuntarily hospitalized are unaware that their name has automatically been placed in LEIN. Many people do not discover that they have been placed in LEIN until a background check is required for employment, or other various reasons that require a background check.

WHAT IS LEIN?

The Michigan State Police website provides that LEIN is an information network designed “to assist the criminal justice community in the performance of its duties by providing and maintaining a computerized filing system of accurate and timely documented criminal justice information readily available to all criminal justice agencies.”

WHY WERE YOU PLACED IN LEIN?

The mental health code requires placement into LEIN if you have been involuntarily hospitalized. The relevant section of the mental health code is MCL 330.1464a. MCL 330.1464a provides in subsection (1):

(1) Upon entry of a court order directing that an individual be involuntarily hospitalized under this chapter or that an individual involuntarily undergo a program of alternative treatment or a program of combined hospitalization and alternative treatment under this chapter, the court shall immediately order the department of state police to enter the court order into the law enforcement information network. The department of state police shall remove the court order from the law enforcement information network only upon receipt of a subsequent court order for that removal.

HOW CAN I BE REMOVED FROM LEIN?

Removal from LEIN requires an order signed by a probate judge authorizing the State Police to remove your name from LEIN. Once the order has been signed by the judge, it is forwarded to the State Police and your name is removed from LEIN.

CRITERIA

The criteria for a judge to consider removing you from LEIN is that:

You are no longer an individual that falls within the category of requiring involuntary treatment.
You are treating your mental health issue (if necessary).
A mental health professional evaluates you and will write a letter stating you are not a danger to yourself or others, and that it is not against public safety matter for your removal from LEIN.

IF I REQUEST REMOVAL FROM A JUDGE, AM I GUARANTEED REMOVAL?

No. These cases are difficult, but not impossible to win. However, you will suffer no negative consequences if you request removal from a judge and your request is denied. If your request is denied, your name would simply remain in LEIN.

AN ATTORNEY WHO UNDERSTANDS YOUR CIRCUMSTANCES

If you have been placed in the law enforcement information network due to an involuntary hospitalization and seek removal, call Schmitt Law, PLLC. At Schmitt Law, PLLC, our clients benefit from years of experience. We treat every client as an individual, taking the time to review your specific facts as to why you were placed in LEIN, and best advise you on the steps you should take.

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

What is a Mutual Restraining Order in a Divorce?

June 27, 2022 By Laurie Schmitt

If you intend to file for a divorce, and have any type of assets, it is wise to discuss with your attorney how you will protect those assets while the divorce is ongoing.

WHAT IS 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. In order to protect client’s interests, Schmitt Law, PLLC will seek a mutual restraining order from the court at the onset of the divorce.

WHAT DOES A MUTUAL RESTRAINING ORDER PROTECT?

A mutual restraining order will protect anything you require it to protect, and can be drafted to meet the specific needs of the parties. The following are common examples of what a mutual restraining order may protect while the divorce is pending:

Assets and Liabilities: Neither party may conceal, sell, assign, destroy, transfer, mortgage, or otherwise dispose of or encumber any of either party’s assets (real or personal, tangible or intangible).

Insurance and Beneficiary Designations: Neither party may cancel, borrow against or invade the cash surrender value, encumber, change the beneficiary designation, prepay insurance premiums outside of the ordinary course, or take any action which would change the status of any policy or plan of life, accident, disability, homeowners, vehicle, or liability insurance or any other insurance policy or plan of any kind or description involving the parties.

Health Insurance: Neither party may cancel, or otherwise change the status of any policy or plan of health insurance, or change coverage or deductibles, covering either party.

Pensions/Retirements: Neither party shall redeem, withdraw funds, encumber, borrow against, change the beneficiary or in any way alter the present status or contributions regarding any pension, retirement, profit sharing, bonus, savings or stock purchase plan or deferred compensation program, of either party.

Credit Card and Equity/Credit Lines: Neither party may cancel credit cards or reduce or increase credit card limits, or obtain new credit cards, or reduce or increase an equity line or line of credit or incur additional debt during this proceeding, except use of credit cards in the ordinary course.

Mail: Neither party may destroy, hide, or divert U.S. Mail or electronic mail directed to either party.

Contracts: Neither party may sign any contract for the purchase of any real or personal property, purchase any annuity or other investment, or incur any debt outside the ordinary course of routine and usual practice of the parties; sign or endorse the other party’s name on any check or draft, tax refund or tax return.

WHAT TRANSACTIONS WOULD BE PERMITTED WHILE THE MUTUAL RESTRAINING ORDER IS IN EFFECT?

If a mutual restraining order is entered by the court, it does not preclude payment of bills, nor deposits and withdrawals in checking and savings accounts necessary for the welfare of the household, or other payments to preserve the financial status quo and the property of the parties.

WOULD THE HOUSEHOLD BILLS BE PAID WHILE THE MUTUAL RESTRAINING ORDER IS IN EFFECT?

Both parties would be required to make reasonable and necessary payments to all marital creditors and continue payment of household expenses and utilities and marital liabilities.

WHAT IF WE OWN A BUSINESS?

A mutual restraining order does not preclude either party from operating a business in which they have an interest, or engaging in routine, customary and necessary transactions, practices, and payments associated with the business.

WHAT HAPPENS IF EITHER PARTY VIOLATES THE MUTUAL RESTRAINING ORDER?

The party that violates a mutual restraining order would be held in contempt of court and be subject to imposition of costs, fines, and sanctions; an award of attorney fees; and other remedies allowed by law.

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

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.

The Divorce Guide

June 6, 2022 By Laurie Schmitt

YOUR CHOICES FOR DISSOLVING YOUR MARRIAGE IN THE STATE OF MICHIGAN

DIVORCE

In the State of Michigan, all divorces in Michigan are no fault. This means you need only state in your complaint for divorce and testify at the final hearing that “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved” and your divorce will be granted.

SEPARATE MAINTENANCE

In the State of Michigan, you may file to obtain a legal separation. This process is called “separate maintenance”. 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. 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). 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.

ANNULMENT

Annulments declare that the marriage is void and therefore never legally existed. It is rare for a court to grant an annulment, as grounds must be proven. Based on the difficulty of proving these grounds, a party should consider filing a divorce action.

GROUNDS FOR AN ANNULMENT IN MICHIGAN

In Michigan, the grounds for an annulment are incapacity due to age, bigamy, incapacity due to mental or physical condition, duress, fraud, kinship, and improper ceremony. Most of the grounds for annulment in the State of Michigan are difficult to prove, and few annulments are granted for that reason.

To receive an annulment in the State of Michigan, you will need to prove one of the grounds for your request for an annulment. Then the court must decide if you have met your burden of proof, and will grant or deny your annulment.

The grounds for annulment in the State of Michigan are expanded below. You would be required to show one of the following when seeking an annulment:

INCAPACITY DUE TO AGE: In Michigan, persons under the age of 16 are not allowed to legally marry unless they obtain a court order. If one of the parties are under 18, they must have consent of their parents or guardians to legally marry.

BIGAMY: Bigamy takes place when one spouse was already married to another person at the time of the subsequent marriage. This type of marriage is completely void.

INCAPACITY DUE TO MENTAL CONDITION: One party was legally incapable of entering into a contract when they married. Incapacity can include physical incapacity and mental incapacity. If one spouse was mentally incapable of entering into marriage, another person may file the annulment case on behalf of the incapable person. However, if either spouse who was incapable at the time of marriage later becomes capable and the couple continues to live together, then the marriage will become valid.

INCAPACITY DUE TO PHYSICAL CONDITION: If one spouse suffered from a physical incapacity, defect or infirmity at the time of the marriage, the marriage may be annulled if a case is brought to court within two years of the marriage date.

CONSENT OBTAINED UNDER DURESS: One of the parties was forced into the marriage when they married.

CONSENT OBTAINED BY FRAUD: One of the parties knowingly failed to disclose that they could not have children, concealed a criminal record of a crime of moral turpitude, entered into the marriage with the intent to commit immigration fraud, or failed to understand they were actually marrying at the time of the marriage.

KINSHIP: A marriage is invalid if it’s between a man and woman who are related closer than first cousins, including step family relations (blood or affinity).

IMPROPER CEREMONY: The person who performed the ceremony did not have the legal authority to perform marriages.

OTHER REASONS: The ability of a party to freely consent to the marriage, foreign law violations, and other reasons that have to do with the validity of the marriage.

EFFECT OF ANNULMENT: When a judge orders a marriage annulled, the effect is that the marriage never existed and that the couple was never married. This is different from divorce, where a marriage exists but is then ended by a court order.

THE DIVORCE PROCESS

THE PROCESS – IN A NUT SHELL

The Complaint for Divorce is filed.
The Defendant is served with the Complaint for Divorce.
Defendant must be served within 90 days from the date the Clerk of the Court issues the Summons: service may be accomplished either through a private process server, any third party over the age of 18, or via U. S. Mail (certified/return receipt – restricted delivery).
After the Defendant has been served, he or she will have 21 or 28 days to file an Answer (21 days if personally served and 28 days if served through U.S. mail)
If the Defendant files an Answer – then the case will be set for a scheduling conference and settlement conference. If the case does not settle at or before the settlement conference, a trial will be set.

THE VERIFIED COMPLAINT FOR DIVORCE

To start a divorce proceeding, you must file a Verified Complaint for Divorce and Summons in the county where you reside. In a Verified Complaint for Divorce the party filing the divorce (Plaintiff) will be required to state the following:

That they have resided in Michigan for 180 days or more
That they have resided in the county they are filing the divorce action in for 10 days or more
The date, city, and state where the marriage was performed
Name and birth dates of children
Date of separation (if no longer living together)
Identify any other county or state that has jurisdiction over the children
Identify any other county of state that the party has another child custody proceeding in
Identify any person not a party to the divorce who has physical custody of the children or claims legal or physical custody or parenting time rights with the children
List any information that could affect a child custody proceeding, including a proceeding for enforcement, a domestic violence proceeding, a protective order, termination of parental rights, or adoption in any state
A claim for spousal support (if you are requesting spousal support from your spouse)
A claim for attorney’s fees (if you are requesting your spouse pay for your attorney’s fees)
And that “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved”

The Verified Complaint for Divorce will be signed by the Plaintiff, in front of a notary public.

FILING THE DOCUMENTS WITH THE CLERK OF COURT

Once the Plaintiff has reviewed and signed the Verified Complaint for Divorce, the Verified Complaint for Divorce and Summons is filed with the clerk of the court, and the Summons is issued. At the time of filing, there will be a filing fee paid to the clerk of the court. This filing fee varies (a divorce with no minor children is less to file than a divorce with minor children).

THE SUMMONS

The Summons is a document that is filed with the Verified Complaint for Divorce and served on the Defendant (responding party to the divorce). The Summons notifies the Defendant that an action has commenced against them, and sets forth the time limits within which the Defendant must file an answer.

The Summons also identifies the date the Summons was issued and the expiration date of the Summons. If the Summons is not served on the Defendant before the expiration date, the Summons is no longer valid.

SERVICE OF THE DIVORCE DOCUMENTS

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

TIME LIMITS FOR DEFENDANT TO FILE AN ANSWER

After the Defendant is served with the Summons and Verified Complaint for Divorce they will have:

• 21 days to file a written answer with the court – if served personally

• 28 days to file a written answer with the court – if they were served by mail or served outside of the state

AFFIDAVIT OF SERVICE

After the Defendant has been served, the Plaintiff must prove to the court that the Defendant has been served with the Verified Complaint for Divorce and Summons.

The Plaintiff “proves” to the court service has been completed by filing an Affidavit or Service with the clerk of court. The Affidavit of Service shows the court the name of the person who served the Defendant, as well as the date, time, and location of service of the Defendant.

If the Defendant accepted service voluntarily, an Acknowledgment of Service must be completed and filed with the court.

DEFAULT

After the Verified Complaint for Divorce and Summons are served on the Defendant, they must file an answer with the clerk of the court within specific time limits (see “Time Limits for Defendant to File an Answer”). If the Defendant fails to file an answer within the time allowed, a default will be entered against them. After the default has been entered by the court, the Plaintiff can proceed with the divorce case, and request the court for a default judgment to be entered (after the required statutory wait period).

WAITING PERIOD

Michigan law establishes waiting periods depending on the individual circumstances.

If you do not have minor children of the marriage: There is a two-month waiting period after the filing of the Verified Complaint for Divorce has been filed.
If you have minor children of the marriage: There is a six-month waiting period after the after the filing of the Verified Complaint for Divorce has been filed.

A Judgment of Divorce cannot be entered earlier than these established times.

TEMPORARY ORDERS

Temporary orders are orders that remain in effect through the pendency of the divorce case, or until a new court order is entered. Temporary orders may consist of establishing custody, parenting time, and child support, or address financial issues such as payment of the marital debt, household expenses, and spousal support.

• Temporary custody and parenting time order: Until there is a temporary order on custody and parenting time, both parties have equal rights to the children. It is important in the early stage of the divorce to establish custody and a specific parenting time schedule. Temporary orders on custody and parenting time will avoid the inevitable war of fighting over the children.

• Temporary order for child support: A temporary order on child support may be needed if the parties no longer reside in the same household.

• Temporary order on household expenses and debt: Whether the parties are living in the same household or not, they must address how the household expenses and marital debt will be paid. Judges do not want to see assets be dissipated because of lack of payment (such as mortgages and car payments). And, debt must be paid, and paid on time, to preserve credit scores.

• 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.

DISCOVERY PROCESS

Discovery is part of the pre-trial phase of the case where each party requests documents and information from the other side. This process allows both parties to obtain information necessary to reach a fair and equitable settlement. If a settlement is unsuccessful, the information exchanged may be used at trial.

DOCUMENTS REQUIRED FOR THE DISCOVERY PROCESS

The following is a checklist of documents you should compile for your attorney. This checklist may not contain everything your attorney will need, as the discovery process is tailored to the specific facts of each case. Here is the most basic checklist of documents used in most divorce cases:

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 within last 3 years).
Copies of life insurance policies.
Most recent property tax statement and any recent appraisal reports for all real estate.
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.
Recent credit report to ensure that all debt is accounted for in your settlement.
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

FORMS OF ALTERNATE DISPUTE RESOLUTION

MEDIATION

Mediation is an alternate dispute resolution process wherein a neutral third party assists the parties in reaching a binding agreement. In the Mediation process, the parties maintain total control of the outcome. Mediation is confidential, cost effective, and the written agreements are legally binding. No decision is handed down from judge, allowing the parties to be creative with the terms of their agreement. Since the parties created their agreement, they are more likely to abide by the terms of the agreement.

COLLABORATIVE

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. The collaborative divorce process is confidential, and the parties maintain total control of the outcome. The collaborative process is cost effective, as it can be much less expensive than arbitration or litigation.

ARBITRATION

This alternate dispute resolution process is where a third party reviews the case, case law, and information provided and makes a final, binding decision. This process brings the case to a close, and eliminates direct confrontation/conflict with the other party. When a case is sent to arbitration, the parties are bound by the arbitrator’s decision. The parties may not like the arbitrator’s decision and will have little or no recourse but to accept decision. Therefore, the parties have no control of the outcome.

IF PARTIES ARE UNABLE TO REACH A SETTLEMENT THE CASE PROCEEDS TO TRIAL

When you are unable to resolve your issues through mediation, then a trial will be necessary. The following is an outline of what a day at trial resembles:

FIRST

OPENING STATEMENTS: Opening statements are an opportunity for both sides to make an opening statement to the judge, briefly presenting their issues and the facts they intend to present. An opening statement is an outline presented by the attorneys, giving an overview of what they intend to show the judge at trial.

SECOND

WITNESSES: Now that opening statements have concluded, witnesses will now take the stand to testify. In a divorce trial, the plaintiff (the person who filed the divorce) will present their witnesses, evidence, and exhibits first. Once they have completed presenting their case, the defendant will call their witnesses and present their evidence and exhibits.

THIRD

CLOSING ARGUMENTS: Once both parties have presented all of their evidence, exhibits, and witnesses, it is time for closing arguments. Similar to opening statements, closing arguments are where each attorney will provide statements to the judge that explains the facts that were presented at trial, apply the facts presented to the Michigan law, and argue to the judge for a particular outcome.

LASTLY

WRITTEN ORDER: After the trial has ended, the judge will review and take into consideration all of the testimony, exhibits, and evidence presented, apply the Michigan case law, and issue a written order. This written order is the judge’s ruling on the issues. After the written order, the plaintiff’s attorney will prepare the judgment of divorce. This judgment of divorce must comport with the findings of the judge’s written order. Once the judgment of divorce is submitted to the court, the judge will sign the judgment of divorce and the parties are officially divorced.

JUDGMENT OF DIVORCE

A Judgment of Divorce is the legal document that finalizes the divorce process. It is the written court order that formally dissolves the marriage. The Judgment of Divorce contains the terms of the judge’s ruling after trial on all aspects of the divorce, or the specific terms of the of the parties’ agreement.

DISCLAIMER

Note, the contents provided is this Divorce Guide are for general information purposes only, and should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of Schmitt Law, PLLC. You should contact your attorney to obtain advice with respect to a particular issue or concern. Use of and access to this Divorce Guide does not create an attorney-client relationship between Schmitt Law, PLLC and the user or browser.

The Importance of Co-Parenting

June 6, 2022 By Laurie Schmitt

Anyone who has lived through a divorce can agree that going through the divorce process is no easy task, especially if there are children involved. However, parties need to be mindful that after their divorce, they need to be able to effectively co-parent their children.

The conclusion of the divorce may end the marriage of the parties, but it does not end the necessity to work together to raise their children. There will be many important decisions to be made regarding the children such as education, medical care, religious upbringing, and other matters. And, the parties must be able to communicate to make these decisions on behalf of their children.

In order to effectively co-parent, the parties must be able to let go of the past and focus their attention on the children – to make decisions in the best interest of the children. Your frustration and anger with your former spouse should never get in the way of making appropriate decisions for the children. You may want to take this moment to develop a new relationship with your former spouse – one in which the only focus is the children (not the failed marriage).

In order to move forward after the divorce, you will need to find a way to effectively communicate. How do you achieve that with someone you divorced? When speaking to your former spouse use some common-sense rules:

Be respectful – as one judge said to one of my clients “fake it until you can make it”. This rule certainly applies when you are communicating with your former spouse while in front of the children.
Be cooperative and be willing to compromise.
Never use the children to deliver messages to your former spouse. The children should never be involved with your communication, nor should they be used as the pony express.
Support the decisions that are made at your former spouse’s house. It’s true that each party is allowed to have their own lifestyle and rules in their own home. However, perhaps you can agree to have some consistent rules for the children in both of your homes.
Use a business tone in your communication with your former spouse. Don’t use communication about the children as a time to re-live your marriage and subsequent divorce. Post-divorce communication is about the children, and not to be used as marriage counseling or to play the blame game.
If you can’t be nice, then say nothing. Take a break and reply later.

To conclude, if you and your former spouse are unable to effectively communicate, and unable to make joint decisions on behalf of the children, then one party may petition the court for sole legal custody. And if that party is successful, the other party will have no decision-making rights for the children. Hence, it is imperative to put your differences aside, and learn to co-parent.

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. Resolving your divorce through mediation or the collaborative divorce allows you to have complete control over the outcome of your future.

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

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

Confidentiality Versus Privacy

May 23, 2022 By Laurie Schmitt

What is the difference between confidentiality verses privacy in an attorney-client relationship? Of course, both of these concepts are extremely important to all clients, but in different ways.

CONFIDENTIALITY – DEFINED

Confidentiality means all discussions/communications between the attorney and client remain “safe” (confidential).

PRIVACY – DEFINED

Privacy means that through the pendency of your case, we are able to communicate in a way in which the other party is unable to gain access to your communications.

DUTIES OF THE ATTORNEY

To protect the attorney-client confidentiality, the attorney is prohibited from violating the client’s confidentiality by sharing information with others. It requires the attorney keep the information their clients share with them private, and the attorney cannot be forced to testify against their clients.

DUTIES OF THE CLIENT

In order to ensure that the attorney-client confidentiality is protected, the client’s role is to be proactive in safeguarding these confidential communications between themselves and their attorney.

SAFEGUARDS TO PROTECTING ATTORNEY-CLIENT CONFIDENTIALITY EMAIL

You must establish a new email account, with a strong password. Be sure to select a password that you have never used before, to prevent your spouse from gaining access to your email account and reading your communication between your attorney.

CELL PHONE

The same privacy issue applies to your cell phone. You want to establish a new cell phone service separate from your spouse, using a two-factor authentication. This will prevent your spouse from invading your privacy and potentially compromising confidential attorney-client communication.

THIRD PARTY

Do not bring family and friends to meeting with your attorney. Sharing confidential information in meetings with your attorney in the presence of a third party will destroy attorney-client confidentiality. Your disclosure of sensitive information in front of a third party indicates you do not want to keep the information private. Therefore, attorney-client confidentiality would not apply to any conversation you have with your attorney in front of a third party.

DO EVERYTHING YOU CAN

Both privacy and confidentiality are significant issues in any family law case, and must be addressed. As a client, you want to do everything you can do to protect your confidential communications with your attorney. The steps outlined above may seem inconvenient. However, the short-term inconvenience will bring you peace of mind that your spouse is not gaining important strategic information about your case by reading all of your emails and texts to and from your attorney.

It’s simple. If you are involved in a family law case, take these simple steps to protect your privacy, and therefore keeping your attorney-client communications confidential.

LAURIE SCHMITT – MICHIGAN FAMILY LAW ATTORNEY

Laurie Schmitt is the founder of Schmitt Law, PLLC. Our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: divorce, custody, parenting time, child support, spousal support, and paternity disputes. 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.

What Is a Legal Services Retainer Agreement?

May 11, 2022 By Laurie Schmitt

When you hire an attorney, you need to clearly understand what services you will be contracting for, and what your responsibilities will be in the relationship. A legal services retainer agreement does just that, it defines the roles and responsibilities of each party.

More specifically, a legal services retainer agreement is an agreement between an attorney and a client in which the attorney agrees to represent the client in a specific matter, for a specific hourly or flat rate amount. A legal services retainer agreement outlines the formal legal framework to which clients and attorneys are bound, and often involves principles, professional rules, and obligations.

At Schmitt Law, PLLC, our legal services retainer agreement defines the following:

Identification of the parties.
The specific legal service to be provided.
What legal services may be excluded?
The client’s rights and responsibilities.
The attorney’s duties.
That the attorney cannot be asked to engage in illegal, unethical, or fraudulent conduct.
The hourly rate the attorney will be compensated for services rendered.
The initial deposit amount required from the client (referred to as “retainer”).
The billing cycle and when payment of fees due from the client.
The minimum billable time.
What tasks that the attorney performs that will be charged to the client?
What costs the client will be responsible to pay?
If travel time will be charged to the client.
That the attorney does not make representations to the client about the specific outcome of their case.
How long will the attorney retain my file after the case is closed?
What happens if the client wants a copy of their file after the case is closed?
What is required if the client or attorney wants to terminate representation?

The benefits of having a clear and concise legal services retainer agreement are that it provides security and confidence to both parties. Having a detailed legal services retainer agreement takes the guesswork out of the parties’ expectations and obligations and protects the parties financially and legally.

CONTACT AN EXPERIENCED DIVORCE ATTORNEY IN GRAND RAPIDS, MI

If you would like to learn more about divorce actions, contact Schmitt Law, PLLC. We will meet with you to discuss your divorce and its potential impact on your family, finances, and future. Please reach out to our office for knowledgeable advice regarding your concerns about divorce, custody, parenting time, child support, and spousal support. Contact Schmitt Law, PLLC online or by calling (616) 608-4634 for a consultation today.

What Does A 50/50 Parenting Time Schedule Look Like?

May 5, 2022 By Laurie Schmitt

More and more judges are awarding “50/50” parenting time in divorce and custody cases. So, what does a 50/50 parenting times schedule look like?

There are three major “50/50” parenting time schedules. The following are examples of how the month would be divided between the parties:

1. WEEK ON WEEK OFF

In a week on/week off parenting time schedule, the parties exchange the child(ren) one time per week. This can be on any day the parties agree to. But often the exchange day will be before the weekend starts such as Friday, or after the weekend ends such as Sunday. This schedule stays consistent throughout the year.

2. TWO-TWO-THREE

In a 2/2/3 parenting time schedule, the parties follow a rotation as shown in this calendar:

3. TWO-TWO-FIVE

In a 2/2/5 parenting time schedule, the parties follow a rotation as shown in this calendar:

WHAT IS THE DIFFERENCE BETWEEN THE TWO-TWO-THREE AND THE TWO-TWO-FIVE PARENTING TIME SCHEDULE?

The difference between a 2/2/3 and a 2/2/5 parenting time schedule is that in a 2/2/3 schedule the parties rotate the Monday/Tuesday and Wednesday/Thursday parenting time. In a 2/2/5 schedule one party will always exercise parenting time on Monday and Tuesday, with the other party always exercising parenting time on Wednesday and Thursday. The parties would then rotate Friday, Saturday, and Sunday.

WHAT 50/50 SCHEDULE IS BEST – THE PROS AND CONS?

WEEK ON/WEEK OFF SCHEDULE:

Pros: This schedule works best for older children, as it can be difficult for younger children to go seven days between visits. This schedule provides the best consistency for the children and the parties. Additionally, this schedule also reduces the number of exchanges per month between the parties, making this ideal for high conflict cases.

Cons: Not ideal for very young children, as children go seven days between visits with the other parent.

TWO-TWO-THREE SCHEDULE:

Pros: This schedule works best for younger children, as it reduces the length of time between visits (only go three days between visits with each parent). Younger children require consistent visits with each parent, not necessarily longer visits with each parent.

Cons: Because this schedule requires the parties to continually rotate Monday/Tuesday and Wednesday/Thursday between the parties throughout the month, it can provide less stability for the children and can be confusing for the parties. This schedule also drastically increases the number of exchanges per month that must take place between the parties, making it difficult for high conflict cases.

TWO-TWO-FIVE SCHEDULE:

Pros: This schedule can work just as well as the 2/2/5 for younger children (if five days between visits is not an issue with the parents and children). It provides more consistency for both the children and the parents than the two-two-three schedule, as the same parent will always exercise parenting time on Monday/Tuesday or Wednesday/Thursday throughout the month. It can make long-term planning much easier for the parents.

Cons: This schedule drastically increases the number of exchanges per month that must take place between the parties, making it difficult for high conflict cases.

CONTACT SCHMITT LAW, PPLC FOR LEGAL ADVICE ON CUSTODY

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!

Co-Parenting Mistakes To Avoid

May 2, 2022 By Laurie Schmitt

It may not be easy to maintain a working relationship with your ex. However, the well-being of your children depends on it. The following are commonsense tips for co-parenting with your ex.

USING THE CHILDREN AS MESSENGERS: Your communication with your ex should be directly to your ex, not through the children. When you use your children as messengers, you put them in the middle of your adult war. Parents should never involve their children in adult matters and discussions. Let your children be children and let them love you both.

REFUSING TO RESPOND: Communication is key to a successful co-parenting relationship.

If your ex-contacts you regarding a legitimate co-parenting concern, respond within a timely manner. If you want to maintain joint legal custody, you need to be an effective parent. You need to work with your ex and respond appropriately. Your failure to respond can be read as your disinterest in what happens with the children. Your unwillingness to work with your ex can be used against you, and the joint legal status can be reviewed. Use your joint legal status wisely or lose it!

REFUSING TO MAKE DECISIONS WITH YOUR EX: Part of co-parenting means assisting in important decisions. Your ex-contacts you regarding a co-parenting decision. You do respond but refuse to commit. A non-committal response is nothing more than failing to respond disguised as cooperation. Once again, if you want to maintain joint legal custody, then participate.

FAILING TO TAKE THE CHILDREN TO EXTRA-CURRICULAR EVENTS ON YOUR PARENTING TIME: If the children have routinely participated in extracurricular events, both parents should honor the children’s involvement in these events. This means that when they are with you, take them to their games and practices. Failure to allow your children to attend extra-curricular events only leads to disappointed children.

FAILING TO FOLLOW THE PARENTING TIME ORDER: Your parenting time order defines the terms of your parenting time. Follow it or suffer the consequences of the court!

BEING CONSISTENTLY LATE FOR EXCHANGE OF THE CHILDREN: Your parenting time order clearly defines what time you are to be at the exchange of the children. Prioritize your children and be at exchanges, on time!

FIGHTING AT EXCHANGES OF THE CHILDREN: What needs to be said about bad behavior at exchanges of your children? Fighting, screaming, yelling, swearing, and physical altercations have no place during exchanges. Your children are witnesses and innocent victims to your inappropriate behavior. They learn from your actions. Be adults, exchange the children, and be on your way.

In summary, if you place the needs of your children first, it’s not hard to make good decisions for the benefit of your children. If you share joint legal custody, you have equal rights in making major decisions for your children. If you want to maintain joint legal custody, put aside your frustration and anger with your ex, and participate in the decision-making process.

CUSTODY ATTORNEY

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.