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I Can Handle My Divorce Without An Attorney

April 18, 2022 By Laurie Schmitt

Many couples choose to separate and divorce amicably. And because you are getting along, you do not believe it is necessary to hire an attorney to handle your divorce. You and your spouse have come to agreements on the terms of your divorce, and do not see the value in hiring an attorney to complete your divorce.

Couples file the divorce on their own because they think it will be quick, easy, and save them money. However, there can be serious pitfalls in completing your divorce without the aid of an attorney. As a divorce is a life-changing event, it is important that you understand how the divorce process works, and your rights in regard to a divorce.

The following are just a few reasons why there is value in hiring an attorney for your divorce:

• Unfair terms: You may agree to less than what you are entitled to because you want to get the divorce completed fast, you do not want to fight, and you just want to end the marriage. What you must know is that many of the decisions you make now cannot be changed later. Once the Judgment of Divorce is entered, many of the provisions cannot be reviewed by the court post-divorce. In essence, you are stuck with your agreement. Whether the provisions reflected fairness and equity or not, you must now live with the terms of your Judgment of Divorce. The consequences of poorly written Judgments of Divorce can last a lifetime. And a lifetime is a long time to live with a poor outcome to your divorce.

• Financial assets: You may not have a complete understanding of what you are entitled to and agree to much less than what is equitable and fair. For instance, have you discussed the division of retirement accounts, assets, social security, pensions, airline miles, and credit card points?

• Debt: You may believe that if a debt is solely in your name, it is not joint debt. Or, you may not understand that if your name is on a debt that your spouse has agreed to be responsible for post-divorce, that you will no longer be held liable for it. Then the worst happens…your spouse stops paying for the debt and the creditor is now holding you responsible for the debt.

• Children: If you have children of the marriage, you want to make sure you are making future decisions in the best interest of the children. An experienced family law attorney understands the complexity of handling divorces with children (custody, parenting time, child support, extracurricular activities, school tuition, uninsured medical expenses, health insurance, etc.). An experienced family law attorney will ensure that decisions are made in the best interest of the children and for the benefit both parties.

Even though couples may file their divorce without attorneys, it may not be the best option for you. If you have children of the marriage, a high net worth, business(es), or complicated assets/debts issues, you should not attempt to handle your divorce without the support of legal counsel.

Experienced family law attorney

An attorney with experience in Michigan divorce laws can ensure your divorce does more than meet the letter of the law. With legal counsel, you will be better protected from agreeing to less than you are entitled to.

From parenting time to spousal support, we at Schmitt Law, PLLC can advocate for a fair divorce so that you can start the next chapter of your life. Our goal is to ensure assist you to emerge from your divorce in the best possible position.

To schedule a consultation or learn more about our services, contact Schmitt Law, PLLC online or call (616) 310-4975.

How To Waste Your Money After Retaining a Divorce Attorney

April 11, 2022 By Laurie Schmitt

I doubt many would say that getting a divorce is easy. But…

You took the time to consult with attorneys. You carefully selected and retained a skilled, qualified divorce attorney to guide you through the tough journey. Now, the question is “do I listen to this professional, or do I waste my money”? It really is the choice of the client to make appropriate use of their divorce attorney. Failure to do so will only result in the financial benefit of the divorce attorney.

The following are the most common ways for a client to waste their money with their divorce attorney:

Using your divorce attorney as your counselor – Clients should leave the counseling to professionals licensed to counsel, allowing the divorce attorney to practice law. Every call, email, and text to and from your attorney becomes billable to you. Divorce attorneys understand the emotional struggles of clients and are willing to provide some emotional support. However, divorce attorneys are not trained nor licensed to be therapists. Clients should be encouraged to seek support through divorce groups, and/or counselors qualified to assist people who are going through a divorce.
Failing to be honest with your divorce attorney – You hired a divorce attorney to guide your through the divorce process, and to fight for your rights. But yet, you fail to be truthful with your divorce attorney. Even an omission can be a devesting set back in a divorce case. Failure to tell your divorce attorney about an event that may not put you in the best light can harm the final outcome of your case. Your divorce attorney needs to know the facts, whether the facts are good or bad for you. It’s better that your divorce attorney understands the facts sooner than later. The alternative is that your divorce attorney is blindsided in court with facts that should have been shared with them well before court.
The “blame game” – Clients spend too much time communicating with their divorce attorney in an effort to make their spouse “look bad”. Divorce attorneys understand that you and your spouse are seeking a divorce for a reason, and that you no longer may get along. It is a very rare occasion that only one person can be blamed for the complete breakdown of the marriage.
Engaging in the Tupperware wars – Clients refuse to do simple math. Clients should ask themselves “Is what I am fighting for worth the cost of attorney’s fees?”. Make smart decisions about what truly is worth fighting for and focus your efforts on those issues that are worth the financial investment.
Fighting the divorce – You have been served with divorce papers and took action to hire an attorney. Yet, your energy is spent on finding ways to get your spouse back. You refuse to be cooperative with your attorney. The one thing a divorce attorney can’t do is make your spouse change their mind about the divorce. Your focus is best placed assisting your attorney to obtain the best outcome you can – to assist in protecting your future.

Communication With Your Attorney

February 14, 2022 By Laurie Schmitt

It is important in the early stages of your relationship with your attorney to understand and agree to the preferred method of contact between you and your attorney. Do they prefer emails, texts, or telephone calls? If you establish an agreement about communication when you retain your attorney, you will find that communication, and responses to your communication will be more efficient.

Also, in the initial interview I inform clients that if they are going to be communicating with me from an email account, they should never use their work email account. When you communicate through a work email account, there is no expectation of privacy. What does that mean to the client? That means that any communication you have with your attorney may not be confidential. Your employer may have access to your email account. And, because you may not have any expectation of privacy from that email account, it may not be considered by the court to be confidential. If your email account is not confidential, all communication from it can be subpoenaed by the other attorney and used against you in court.

Similarly, to protect client privacy, clients should open a new secure email account for the sole purpose of communicating with their attorney. The reason for this safety measure is so your spouse cannot gain access to it. If you use a former email account, it may be that you spouse has the password to your account, or could guess what it may be. Open a new account, and password protect it with a password that is obscure, and one that you have never used before. There is nothing more horrifying than to know all of your email communication between you and your attorney has been compromised by your spouse.

Lastly, in January, 2022, Dearborn police reported that criminals have been attaching a small Apple tracker to people’s vehicles in order to monitor them for stalking or auto theft. Officials said Apple AirTags — quarter-sized GPS tracking devices designed to help people locate their wallets, car keys and other personal items — are being used to illegally track people and vehicles. Even though in Michigan, it’s illegal for a citizen to track anyone with a GPS device without their knowledge, it happens not only from criminals but with soon-to-be ex-spouses. If you have a concern that this will be an issue in your case, you can easily monitor for Apple Tags. This is automatic for iPhones, and clients using Android devices can be advised to download and install the app.

If you have questions about the best methods to communicate with your attorney, or any other questions related to the divorce process, contact Schmitt Law, PLLC and set up an appointment. Give us a call at 616-310-4975.

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

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