Filing

What is a Pre-Filing Strategy Meeting?

August 5, 2022 By Laurie Schmitt

After the consultation, many clients contact Schmitt Law, PLLC for a pre-filing strategy meeting. What is a pre-filing strategy meeting and how can it help you?

WHAT IS A PRE-FILING STRATEGY MEETING?

A pre-filing strategy meeting is more in depth than an initial consultation. Consultations are broader in nature, whereas pre-filing strategy meetings focus on specifics…what you should do to prepare for your divorce filing.

WHAT DO WE TALK ABOUT IN A PRE-FILING STRATEGY MEETING?

These conversations are designed to meet the individual needs of each client. We may discuss financial issues, how to protect your assets, and other topics of concern to the client.

Most of all, we talk about what matters most to you – what your greatest concerns are.

HOW CAN A PRE-FILING STRATEGY MEETING HELP YOU?

In a pre-filing strategy meeting, we will outline what you should be doing before the divorce filing, and how you can avoid pre-filing mistakes that may harm you later in your divorce. It’s better to start your divorce on the correct foot, than to pay the price in front of judge for making a bad decision before filing.

CAN I/SHOULD I?

Clients have many questions about what they can or should do before filing for a divorce. Many of these questions require more information than can be covered in an initial consultation. That is why a pre-filing strategy meeting is valuable.

The following are examples of questions presented to Schmitt Law, PLLC in a pre-filing strategy meeting.

Before filing the divorce …. “CAN I/SHOULD I”:

Buy a new car?
Withdraw money from retirement accounts?
Change beneficiaries on life insurance policy?
Remove your spouse from your health insurance policy?
Sell real property and retain the proceeds?
Sell personal property and retain the proceeds?
Give personal property to friends and family?
Continue using credits cards?
Open new credit cards?
Change employers, reduce, or increase my hours, or quit?
Pay off debts that are solely in your name?
Take out loans?
Refinance the marital home?
Take out a home equity loan?
Do major renovations in the marital home?
Clean out the house and garage – downsize the junk?
Have a garage sale?
Donate household items?
Make changes to my tax withholding’s or retirement deductions?
Purchase a new house?
Move into an apartment?
Move and take the children?

If you find yourself prepared to move forward with your divorce, and have concerns as listed above, a pre-filing strategy meeting may be valuable to you.

EXPERIENCED DIVORCE ATTORNEY

At Schmitt Law, PLLC, we are here for you each step of the way in your divorce. From planning your first steps, to approaching your separation, to helping you understand your rights, to signing the final documents. We can help you navigate the separation and divorce process. 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 Required To File For a Michigan Divorce?

May 25, 2022 By Laurie Schmitt

PERSONAL INFORMATION REQUIRED TO FILE FOR A DIVORCE

The following is a list of personal information you will need to gather so that your attorney may complete your divorce documents.

WIFE

Full Name
Maiden Name
Address
Date of Birth
Place of Birth
Social Security Number
Number of this marriage

Date of Marriage
City, State and County of Marriage
Separated (yes/no)

HUSBAND

Full Name
Address
Date of Birth
Place of Birth
Social Security Number
Number of this marriage

IF THERE ARE MINOR CHILDREN OF THE MARRIAGE, YOU WILL NEED THE FOLLOWING ADDITIONAL INFORMATION:

For both parties:

Eye Color
Hair color
Height
Weight
Race
Driver’s license number
Name, address and telephone number of employer
Gross weekly income
DHS case number, if applicable

For the minor children:

Names, birth dates, and social security numbers of each child
Address(es) of where the children have lived in the last five years
Names and addresses of who the children have lived with for the last five years

WHAT DOCUMENTS MUST BE FILED?

Complaint for Divorce
Summons
Record of Divorce

IF THERE ARE MINOR CHILDREN OF THE MARRIAGE, YOU WILL NEED TO FILE THE FOLLOWING ADDITIONAL DOCUMENTS:

Verified Statement and Application for IV-D Services
Uniform Child Custody Act Affidavit

IF YOU HAVE PENDING OR RESOLVED FAMILY LAW CASES

If there are any pending or resolved family law cases involving you, your spouse, or your children, you will be required to complete a Confidential Case Inventory. This document requires you to list any known pending or resolved family law cases to include personal protection orders, divorce, custody, paternity, child support, juvenile delinquency, and child protective proceedings.

You will be required to list the county of the court, the case name, the case number, the name of the judge, whether the case is pending or resolved, and if there are any support/custody/parenting time orders in effect.

Contact the Knowledgeable Michigan Divorce Attorney at Schmitt Law, PLLC for Immediate Assistance

If you filed for divorce, or are considering filing in the near future, contact the Michigan family law attorney at Schmitt Law, PLLC. We have extensive experience handling all types of Michigan divorce cases and the related issues that frequently come up in the divorce process, including spousal support, child custody, 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.

Stopping A Divorce Action In Michigan

May 9, 2022 By Laurie Schmitt

If I file a complaint for divorce in the State of Michigan, can I change my mind afterwards? Does the case move forward even though I no longer want to pursue a divorce?

In Michigan, if the Judgment of Divorce has been signed and entered by the court, the divorce has been finalized and the parties cannot “reverse” the divorce. The only option would be for the parties to remarry.

If the divorce action hasn’t been completed, the divorce can be dismissed. If your spouse has not filed an answer to the complaint for divorce, you may motion the court to dismiss the case.

If your spouse has filed an answer to the complaint for divorce and counterclaim for divorce, then both parties need to agree to dismiss the divorce. This is a very easy process as it only requires a stipulated order to dismiss to be entered with the court. You would draft the stipulated order to dismiss the action, both of you would sign it, and then present the stipulated order to dismiss to the judge for their signature.

A stipulated order to dismiss is required because it shows the court that both parties agree to dismiss the divorce action. Once an answer to the complaint for divorce and counterclaim for divorce has been filed, both parties have asked the court for relief, and the divorce action cannot be dismissed without the other party’s consent.

Once the judge signs the stipulated order to dismiss the action, the case is closed with the court. Parties wishing to dismiss the divorce action should understand that once the judge signs an order dismissing the divorce action, the case is closed with the court. If in the future either party wishes to seek a divorce, they would be required to file a new action and pay a new filing fee.

It is important to note that the responding party in a divorce action cannot request to have the divorce action dismissed, as it requires the filing party to agree to the dismissal. If you file for a divorce, and your spouse wishes to have the divorce action dismissed, they cannot unilaterally have the case dismissed with the court unless you provide your consent to the court.

To summarize, a divorce action can be easily dismissed if both parties consent. But it cannot be dismissed by the responding party without the consent of the filing party.

Experienced Divorce Attorney

We understand that filing for divorce can be an emotional and confusing experience. That is why we are committed to providing personalized service to each client we represent and will be with you through this difficult journey. We are prepared to guide you in all aspects of your case.

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.

I have filed for a Divorce, now what happens with the Marital Home?

July 19, 2021 By Laurie Schmitt

In any divorce situation, one of the most major and complex elements to be dealt with is the division of marital assets. As the marital home is typically the largest asset of divorcing couples, it’s important to know your options.

The most common dispositions of the marital home is that it will be sold, or one party retains it. There are other options. But, for the purpose of this blog, these are the two options that will be discussed.

SELLING THE MARITAL HOME: Often during a divorce, neither party is able to retain the marital home, and the home must be sold. It may be that neither party can afford the mortgage on their own, or neither party can afford to refinance to buy the other party out of their equity in the marital home. If you and your spouse have decided that selling the marital home is necessary, the first thing you must do is to agree on a date to list the marital home. Additionally, you must agree on a realtor, a list price, and eventually a sale price. Typically, the proceeds or deficiency would be divided equally between the parties. There are many exceptions to this rule, such as one party having special equity in the marital home, or one party receiving more than one half of the equity for various reasons.

ONE PARTY RETAINS THE MARITAL HOME: If one party will be retaining the marital home, then an appraisal should be completed by a licensed appraiser. That appraisal will give the parties and their attorneys a basis in which to appropriately value and make a division of the equity. Equity is determined by taking the current appraised value and subtracting the current outstanding loan(s) on the property, leaving you with the equity in the home.

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If one party is retaining the marital home, they will be required to “buy out” the other party’s one half of the equity. This can be accomplished by either refinancing the marital home, or providing the equity from another source in the assets of the marriage, such as retirement account. As a very simple example: Party “A” wishes to retain the marital home, and has a retirement account worth $100,000. Each party is to receive $50,000 of the retirement account. The equity in the marital home is $50,000. Party “B” is to receive $50,000 for their share in the retirement account, and $25,000 for the equity in the home. Party “A” would then pay party “B” $75,000 from their retirement account for payment of the retirement account and equity in the marital home. Of course, this scenario requires a retirement account balance large enough to accommodate payment of the equity, after the division of the retirement account.

Yet, another “buy out” option of the other party’s equity in the marital home would be to make payment of the equity over time. This would require the parties to agree to post-divorce installment payments, or a lump sum payment at a specific time.

As the decision regarding the marital home is a complex subject, it should be fully addressed with a qualified family law attorney.

Laurie Schmitt of Schmitt Law, PLLC is a West Michigan family law attorney specializing in collaborative divorce as well as separation, divorce, child custody and support, paternity, and other family law litigation. She is licensed by Michigan State Bar and the U.S. District Court for the Western District of Michigan, and has extensive advanced training in divorce mediation and collaborative divorce. Contact Laurie at (616) 608-4634 for a confidential consultation.