Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

616-608-4634

Cost

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

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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: 

Divorce and Money

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.  

Paying For a Consultation

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Many people struggle with attorneys that charge for consultations, and only seek out attorneys who provide a free consultation. What the consumer should know that there can be significant differences between a free consultation and a paid consultation.

What are those differences? A free consultation may be shorter in duration, only providing very generic, broad stroked information, and failing to provide any legal advice specific to your case.   In a consultation with Schmitt Law, PLLC, you will be given an hour of time, and will receive detailed legal advice specifically directed to your legal issues.

Paying for Consultation

Why does Schmitt Law, PLLC have a fee for consultations? Schmitt Law, PLLC believes that if you are going to spend your valuable time interviewing with an attorney, you should receive specific legal advice about your case – legal advice tailored to you.

When you meet with Schmitt Law, PLLC, you will receive a one-hour consultation to include:

  1. A review of the facts in your matter.
  2. A review of your legal documents, orders, and/or agreements.
  3. An explanation of the administrative court procedures in your case.
  4. The legal issues defined. 
  5. An explanation of the potential outcomes in your case: what are you facing in your case.
  6. An explanation of your legal options: we will discuss a strategy to help you get the results you are looking to obtain.
  7. An estimate of the total costs of your case.
  8. And most of all, we will talk about what matters most to you – what your greatest concerns are.

A consultation with Schmitt Law, PLLC will provide tremendous value to you in that you will understand the law as it pertains to your specific case. And, during this consultation we will craft a plan for you to move forward to achieve the results you seek.

CONTACT SCHMITT LAW, PLLC FOR GUIDANCE 

Laws surrounding divorce can be complex. We invite you to call Schmitt Law, PLLC to learn more about your rights as it pertains to divorce. 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 assist you to emerge from your divorce in the best possible position. For skilled legal guidance, please call Schmitt Law, PLC at (616) 608-4634, or contact us online to arrange a consultation.

How To Waste Your Money After Retaining a Divorce Attorney

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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:

Waste Money on a divorce
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

How Is Child Support Calculated In The State of Michigan?

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In the State of Michigan, child support is established reviewing several factors.  These factors are entered into a software program, used to calculate who will pay support, and how much they will pay.  The party paying support is known as the payor, and the party receiving support is known as the payee.

The following is a quick breakdown of the major factors used to calculate a child support obligation:

1.  Income of the parties.  The gross income of the parties is entered and the software program calculates the party’s net income (net income means all income minus the tax deductions).  The list is much more comprehensive than what is included here.  But, for the purpose of this blog it includes the most common types of income. Income includes wages, overtime pay, commissions, bonuses, tips, military specialty pay (to include allowances for quarters and rations).  If one party owns a business, all earnings generated from a business are considered.  And, any distributed profits or payments from profit-sharing, a pension or retirement are considered. In essence, if you earn it, it is considered income for the purpose of calculating child support.

2.  Child Care Expense.  The actual cost of child care is entered into the software program to allocate each parent’s percentage share of that obligation.  The more child support being paid, the more child support that will be paid by the payor.  The actual cost of child care must be documented and a form must be completed by the daycare provider.

3.  Health Care Coverage Premiums.  Is one or both parties paying for health insurance for the minor children?  If so, that party is given credit in the software program for the amount being paid for the premium associated with the health care for the minor children (not the total premium: what they pay in total for themselves and the minor children).

4.  Additional children from other relationships.  If one party has children from another relationship (with someone other than the other parent in the case under consideration), then they are given a “second family” credit.  These children must be living in that parent’s household or that parent must be paying child support for them in order to be given the second family credit.

5.  Tax Credits.  Who will be claiming the tax exemption credits for the minor children?  This information is used in the software program as another factor in calculating the payor’s child support obligation.

6.   The number of overnights each of the parties will be exercising.  It is no secret that in the State of Michigan, the more overnights exercised by the payor, the less child support the payor will be required to pay.

As this subject matter is very complex, and this blog does not discuss all factors used to calculate child support, it is important to discuss this matter with a skilled family law attorney.  For more information about child support, contact me, Laurie Schmitt, Attorney at Law, at Schmitt Law, PLLC, by calling 616-608-4634.

What Can You Expect to Pay For Your Divorce

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What Can You Expect to Pay For Your Divorce

FEES:
It is impossible for an attorney to calculate the exact amount that your divorce will cost, as each client has unique facts and circumstances specific to their case. The total cost of your divorce will depend on several factors to include the individual attorney you hire, the geographic location of that attorney, whether you or your spouse intend to be combative or collaborative, the number of contested issues and the complexity of those issues, and whether settlement is reached or trial is necessary.

COSTS:
In addition to your attorney’s fees, there will be costs involved such as court costs, fees for service of process, expert fees, travel time, mileage, postage, copies, etc. Costs may vary between attorneys. You and the attorney you hire should review the possible costs for your specific case, so that you understand your full financial obligation.

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RETAINER AGREEMENT:
It is important that once you have selected an attorney, that you and your attorney enter into a written document known as a retainer agreement. A retainer agreement is an essential contract between the client and attorney that outlines the rights, responsibilities, and obligations of the client and attorney during the pending case. A retainer agreement is a binding contract that is enforceable once signed by the client and the attorney.

RETAINER FEES
Prior to services being rendered, attorneys require an initial “down payment”. This down payment is known as a retainer fee. These funds are paid by the client to the attorney at the time services are contracted for. The retainer agreement is held in the attorney’s trust fund until earned. These funds are distributed to the attorney as outlined in the retainer agreement.

 To learn more about the cost of divorce: How Much Does the Average Divorce Really Cost?

How to Control the Cost of your Legal Fees

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How to Control the Cost of your Legal Fees

Every client has concerns about what their case will cost. Like all other professionals, attorneys do charge for their time. However, there are ways you can work with your attorney to control your legal fees.

You can reduce your legal fees by doing your own legwork by providing your attorney with complete financial information regarding your assets and debts. Gather documentation for your bank accounts, retirement accounts, credit cards, stocks, bonds, deeds, and titles. This saves the attorney from having to formally request the information from the other party or other attorney. There are times when you simply will not have access to the other party’s information. However, if the attorney can limit the requests to the other party, you save money.

Communication with your attorney is key in effectively working for you. An e-mail is an inexpensive way of keeping your attorney informed with necessary information about your case. An e-mail gives the attorney a chance to think about your concern before they communicate with you, and often takes less time than a telephone call. And frequent telephone calls add up quickly.

In most cases, you are billed for all time the attorney spends working on your case. You will save money by addressing simple issues such as working with your spouse to divide personal property or deciding who will pay for the household bills through the divorce. Of course, there will be times you simply are unable to negotiate with your spouse, or come to an agreement. But, making the attempt to do so prior to attorney intervention will prevent unnecessary attorneys fees.

Together, you and your attorney should discuss your unique situation, and find other ways to work efficiently. If you and your attorney are mindful of what needs to be completed in your case, and consider the cost and benefits of each task, your attorney can provide you with the best legal representation with the resources available to them.

Common Divorce Questions: How Do We Keep the Cost Down in Our Divorce?

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Common Divorce Questions: How Do We Keep the Cost Down in Our Divorce?

A major concern of divorcing couples is the cost of the divorce.  The bottom line is that the more adversarial the couple is the more the divorce will cost.  The more the spouses fight about issues the more expensive the divorce will be.

Asking the court to settle issues that the spouses could settle between themselves costs money.  Motions are filed.  The other party responds.  Court time must be reserved.  All these things are costly.  The cost of divorce depends almost entirely on how much the couple fights and how willing they are to settle the issues amicably between them outside of court.

Avoid the “Tupperware Wars”

The cost of divorce is driven by the parties’ willingness to set aside their anger and to start making good and logical decisions.  Paying attorneys to fight with each other over something the couple could resolve between them does not make sense.

Spouses often argue over the division of petty items that can be easily replaced.  I refer to these fights as the Tupperware Wars.  There are sensible ways to divide or replace these items without court intervention.

For example, the parties fight over who gets an asset when it would be less expensive for them to let the other party have it and for them to go buy a new one.  People fight over things like who gets the Monopoly game?  Who gets the everyday dishes?  Who gets the Tupperware?  It is far less expensive to buy (new dishes, Monopoly game or Tupperware) than to pay for drawn-out court appearances where the court is forced to make a decision that neither party may be happy with.

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Suggestions for Dividing Heirlooms and Other Expensive Items

There may be heirlooms of sentimental value that cannot be replaced.  Perhaps the couple owns a grand piano or antique cars.  These items need to be appraised and a monetary value attached to them.  This still may not resolve the emotional issues attached to the items.

A spouse may need counseling to deal with the emotions involved in the divorce and over items with sentimental value.  That is not the role of the attorney who has no training in that area.  My office has a list of good counselors I feel confident recommending.  I work with my clients to find someone who is on their healthcare provider list.  In a divorce case it is better to have the attorneys work on the legal issues and allow those who are qualified to counsel to do so.

In reaching an out of court settlement the only time the court hears from the clients is at the final hearing.  The court will likely congratulate the parties on working well together to get it done without the court’s intervention.

For assistance on asset division and any other aspect of your divorce process, contact me, Laurie Schmitt, at Schmitt Law, PLLC.  I am an Attorney, Mediator, and Collaborative Divorce lawyer.