Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

616.608.4634

Divorce Process

The Most Frequently Asked Questions As It Relates To Divorce

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1. WHAT WILL THE TOTAL COST OF ATTORNEY’S FEES BE IN MY DIVORCE CASE?

There is no one size fits all answer for this question. The total cost of attorney’s fees for your divorce will depend on many factors such as who you retain as your divorce attorney, their hourly rate, the complexity of the issues in your divorce, are you able to reach an agreement before or at mediation, will your case require discovery, and will your case require a trial. 

2. HOW LONG WILL MY DIVORCE CASE TAKE TO COMPLETE?

Michigan law establishes statutory waiting periods depending on the individual circumstances.

Frequently Asked Questions and Divorce
  • 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.

3. IS PARTICIPATION IN THE MEDIATION PROCESS MANDATORY IN A DIVORCE?

In many counties in Michigan the judge will require attendance at mediation before he/she will schedule a trial.

4. WHAT IF WE HAVE AN AGREEMENT BEFORE FILING THE DIVORCE?

Then we would file your complaint for divorce and draft a judgment of divorce incorporating the terms of your agreement. A final hearing can be set in your case (to be held after the statutory waiting period has passed). 

5. ARE WE ALLOWED TO USE ONE OF OUR ATTORNEYS AS A MEDIATOR?

Even if one of your attorneys is a domestic relations mediator, an attorney cannot represent one party in a divorce and assume the role as the mediator. Why? It is imperative that mediators be a neutral third party (meaning they do not know either party in the divorce action).

6. IS IT MANDATORY THAT BOTH MY SPOUSE AND I RETAIN OUR OWN ATTORNEY IN OUR DIVORCE ACTION?

No. There is no legal requirement that parties to a divorce be represented by an attorney.  Even if one party has retained an attorney, the other party is not required to be represented and may represent themselves in court.

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

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

Is There Such A Thing As An “Easy” Divorce?

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The divorce process is emotionally difficult for both you and your spouse. And the process can be made even more difficult if you and your spouse get in a mindset that you want to fight.

But, is there a way to make your divorce “easy”?  The answer is yes you can make your divorce “easy”. If you and your spouse approach your divorce enter into your divorce with the right attitude, you can make the process smooth. The following are a few tips on how to make your divorce process “easy”.

COMMUNICATION

If you and your spouse effectively communicate and can have logical discussions about important decisions that must be made in your divorce, then you are well underway to a straightforward divorce.  

AGREEMENTS

Easy divorce

Before filing for divorce, you and your spouse should resolve all issues related to your marriage such as custody, parenting time, and division of assets.  The more issues you and your spouse can resolve prior to filing for divorce, the easier your divorce process will be.  By coming to agreement before the divorce filing, or shortly thereafter, you will save money on attorney’s fees and on your emotions. 

EMOTIONAL INVESTMENT

Clearly, you and your spouse have an emotional investment in your divorce.  And when you or your spouse allow your emotions to control your decision-making process, that’s when divorces become difficult, time consuming, and expensive.  You and your spouse should do your best to prevent revenge or anger to dictate the negotiation process. With that in mind, you and your spouse can reach the final outcome of your divorce. 

GOAL

The goal in your divorce should be for you and your spouse to reach a fair and equitable agreement, placing your children first. And hopefully, all done while maintaining some respect for each other.  The sooner you and your spouse can get through the divorce process, the sooner you will be free to start your new life.  The goal should always be to act in good faith, and reach your agreement as soon as possible.  To summarize, an easy divorce is one where you and your spouse can quickly agree and resolve the terms of your divorce while maintaining civility towards the other.

GET HELP FINALIZING YOUR DIVORCE. GRAND RAPIDS DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

Divorce in Michigan is a complicated procedure with long-term implications. It’s important to understand your rights and duties at each stage of the proceeding so that you will be in the best position to move forward during and after the divorce.  Advice from an experienced divorce attorney can make all the difference in your outcome.

At Schmitt Law, PLLC, we work to ensure that our clients have the information and guidance they need to make the right decisions for their family and their future.  Contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.