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Preparing To Attend Family Law Court and Everything You Need To Know

October 31, 2022 By Laurie Schmitt

Your trial (or hearing) is close…what do I need to do to prepare? Whether you choose to represent yourself of retain an attorney, Schmitt Law, PLLC offer the following tips to prepare for your court hearing.

PREPARE WITH YOUR ATTORNEY

In order to prepare for trial, you should be meeting with your attorney. Your attorney should review your testimony questions with you. These are the questions they intend to ask you when you are on the stand. This assists the attorney in getting the facts straight. It also helps you in knowing in advance what is going to be asked, allowing you to prepare appropriate answers. This does not mean your attorney is going to feed answers to you. It means that if the attorney knows how you are going to respond, then they are not surprised at trial. It also means that it gives you time to think about your answers before you must testify. Through this preparation process your attorney can assist you in the best way to answer difficult questions that may be presented (from either your own attorney or the opposing attorney). It will make you far more comfortable when you must take the stand.

BE PROFESSIONAL

If the judge asks you a direct question, be polite and courteous and answer their question. After all, this person is making life decisions for you. You want them to like you. Also, be mindful of your facial expressions (no matter what is being said). If you hear something that is not true, angers you, or places you in a bad light – stay calm. And never interrupt opposing counsel or the judge. You will be given your chance to speak and respond.

BE TRUTHFUL

The most important point to remember while you are on the stand presenting your testimony is this…you have taken an oath to tell the truth. So, never lie. Always tell the truth, even if the truth does not present you in the best light. Judges appreciate truth over tall tales. If you lie on the stand, and it is proven that you have lied (meaning you are impeached), you will lose all credibility with the judge. And there is no going back from a lie told under oath.

FIRST IMPRESSIONS ARE IMPORTANT

You want to make a good impression when you attend court, as you want the judge to believe you are credible. Dressing appropriately is advised, as clothing mistakes in court can lead to the judge forming opinions about you that may or may not be correct. You are not required to wear a suit, or expensive clothes – just use your common sense when selecting what to wear. The key is to look neat and professional. It is suggested that men wear dress slacks, a button-down long sleeve shirt and a tie. Women should wear a skirt and blouse, or dress slacks and blouse or sweater. Your clothing does not need to be fancy, just appropriate for court. Remember, the judge looking at you is making a judgment call about you and your case, and making decisions that may significantly impact your life. After all…first impressions are everything!

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.

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.

What You Should Expect From Your Attorney

July 5, 2022 By Laurie Schmitt

You find yourself in a position that requires services of an attorney. You have never retained an attorney before now, and do not know what to expect after you have done so.

The following are quick guidelines of what you should expect once you have retained an attorney.

COMMITMENT TO YOUR CASE

That the attorney meets the deadlines set in your case, and does so on time
That the attorney is present and on time for your court hearings (whether these hearings are in-person or via Zoom
That the attorney is prepared for your hearings
That the attorney has prepared you for what may take place at your hearings
That the attorney has integrity and candor when addressing the court

COMMUNICATION

That the attorney responds to you within a reasonable amount of time
That you are allowed to talk directly to the attorney and not always their staff
That the attorney conveys and explains all offers to you that they receive
That the attorney informs you of the most effective way to communicate with them (email, text, or telephone)
That the attorney keeps you informed by providing you with status updates of your case

HONESTY

That the attorney explains your rights as the Michigan law provides
That the attorney explains your risks at trial as it pertains to the specific facts of your case
That the attorney answers your questions with the truth, and not just with what you want to hear
That the attorney is willing to discuss the cost of each course of action that may be available to you
That the attorney is willing to address the “tough questions” you present to them

FAIR AND TIMELY BILLING

That the attorney provides you with monthly invoices
That their invoices clearly explain the legal service provided
That their invoices show the time spent on each legal service provided
That the attorney is willing to answer any questions regarding their invoices
That their invoices clearly show you what you have paid to date, and your remaining trust balance (or what you currenly owe)

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

If you find yourself in a family law case, contact the Michigan family law attorney at Schmitt Law, PLLC. We have extensive experience handling all types of Michigan family law cases including divorce, paternity, child custody, spousal support, and child support. We provide custom-tailored legal advice and solutions for clients. To learn more about how we can help you through the divorce process, contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

Discovery: What Is It and What Will I Need To Provide To My Attorney

June 2, 2022 By Laurie Schmitt

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 will be used at trial.

WHAT WILL I NEED TO PROVIDE TO MY ATTORNEY?

The following is a checklist of documents you should compile for your attorney:

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 pay stubs 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 post-nuptial 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

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 against taking on responsibility of debt that may not be marital. We will 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 and debt 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.

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) 608-4634.

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 616-608-4634.

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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