Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

616.608.4634

Mediation

What Is The Difference Between Mediation and Collaborative Divorce?

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MEDIATION – DEFINED 

Mediation is a process that allows you and your spouse to resolve conflict in a peaceful manner, outside of court. You and your spouse meet with a neutral third party who is trained in the mediation process (the mediator). The mediator will assist you and your spouse in discussing the outstanding issues, helping both of you review your options, so that you may reach an acceptable outcome of your differences. 

KEY FEATURES OF MEDIATION

  • neutral person (mediator) helps you negotiate
  • mediator has no power to decide the case
  • informal
  • flexible
  • no obligation to hire an attorney
  • efficient—less time consuming than litigation
  • less expensive than litigation

BENEFITS TO PARTICIPATING IN MEDIATION

Collaborative Divorce VS Mediation

Mediation offers a less stressful option for you and your spouse. In the mediation process you and your spouse maintain total control over the outcome of your case. Once you and your spouse reach an agreement, the mediator will draft a mediation agreement that is binding in court.  Therefore, there both you and your spouse are locked into the agreement. And mediation can save you both time and money verses litigating your case.

COLLABORATIVE DIVORCE – DEFINED

In the collaborative divorce process, you and your spouse resolve your issues in a respectful manner, using a team approach. The team assists both of you in crafting solutions in the best interest of each of you, without involving the judge to make a final decision. In the collaborative divorce process, you and your spouse, your respective attorneys and a coach meet in a group setting.  An agenda is set for each meeting, to assist the team to stay on track. These meetings are designed to encourage the sharing of ideas and settlement options. The collaborative divorce process requires you and your spouse to commit to work together, and agree to forgo litigation.  When you and your spouse share the mindset that you want to control the end result of your divorce, and want to make decisions in the best interest of your children, the collaborative divorce process is a great solution to protracted and expensive litigation. 

KEY FEATURES OF COLLABORATIVE DIVORCE

  • spouses are represented by collaborative attorneys
  • spouses and attorneys sign a “no court” agreement (attorneys must withdraw if case goes to court)
  • spouses and attorneys negotiate in “four-way” meetings
  • attorneys may recommend involving collaborative professionals
  • informal
  • flexible
  • more efficient and cost effective than litigation

BENEFITS TO PARTICIPATING IN A COLLABORATIVE DIVORCE

As in mediation, a collaborative divorce process a less stressful way for you and your spouse. The collaborative process provides flexibility over your divorce and total control over the outcome of your case. The collaborative process is more efficient and cost-effective than litigation. And your confidentiality is protected through the collaborative process. 

DIFFERENCES BETWEEN A COLLABORATIVE DIVORCE, MEDIATION AND LITIGATION

  • The parties agree to the collaborative divorce process, and agree to resolve their    differences without court intervention.
  • The emphasis is on creating solutions that take into account each of the party’s needs and goals, and keeping the attention on the needs of their children.
  • The parties look to reach a fair and equitable settlement of all of their issues, while maintaining control of the final outcome.

WHICH PROCESS IS BEST FOR YOU?

Which process is right for you? There is no best answer for every case. Which approach to use is determined by the unique circumstances of your case, your individual preferences, and the availability of good mediators or collaborative attorneys.

HELPING PEOPLE START THE NEXT CHAPTER OF THEIR LIVES. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC, 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. Our office is located at 401 Hall St. Suite 112D, Grand Rapids, MI 49504.

Should I Seek Legal Advice If My Divorce Will Be Amicable?

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Many divorcing couples are looking to divorce amicably. And seeking legal advice may be viewed as hostile or taking an aggressive step against the other party.  But this could not be further from the truth. Seeking legal advice can actually help divorcing couples through the divorce process.

There are steps family law attorneys can take on your behalf to keep the divorce process moving forward while maintaining an amicable position in the divorce. Family law attorneys can provide the following assistance:

Amicable Divorce
  • Evaluate and assessing your legal situation, and provide in-depth legal advice based off the current law in the State of Michigan.
  • Provide procedural information regarding filing and serving of court documents.
  • Review court documents prepared by you or the opposing party/counsel.
  • Suggest documents for you to prepare.
  • Draft documents for you to file, including complaints for divorce, complaints for custody or parenting time, motions, answers, hearing notices, and other documents you may require.
  • Advise you as to what to expect in your court appearance.
  • Prepare you for your court appearance or a Friend of the Court evaluation.
  • Assist you to evaluate whether an agreement is fair based on the financial circumstances of you and your spouse and by reviewing financial disclosures).
  • Assist you in drafting a response to settlement offers.
  • Preparing Judgments of Divorce, child support orders, deeds, qualified domestic relations orders, and other documents related to the completion of your divorce.

By seeking legal advice in your divorce, you can achieve efficiency in the divorce process and confirm the fairness of your agreement (custody, parenting time, child support, division of assets and debts, and transfer and sale of assets). It is important to understand that addressing these matters properly, through legal advice of a family law attorney, can keep the process on track and keep your divorce amicable.

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

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 Are The Benefits Of Family Law Mediation?

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THE ROLE OF THE FAMILY LAW MEDIATOR

Family law mediators are third party neutrals specifically trained to aid couples in reaching resolution in a domestic relations matter (divorce, custody, parenting time). The mediator must remain neutral and treat each party fairly through the process. The mediator does not provide legal advice. But, because most family law mediators are family law attorneys, they are able to educate couples on possible results reached in court verses mediation.

CUSTOMIZED RESULTS

Who wants a cookie cutter resolution of their divorce? Couples who participate in mediation make decisions that are tailored to their needs. With the assistance of the mediator, couples are able to discuss proposals such as the division of family finances, custody, and parenting time and create agreements that addresses their specific needs and circumstances.

NARROWING ISSUES

family law mediation

Couples are able to use the mediation process as a way to narrow the outstanding issues to be discussed in court. Even if couples are unable to reach a complete agreement on all of the outstanding issues, they most likely will be able to successfully reach an agreement on some of the issues. When couples are able to narrow the issues that must be resolved by the court, they save time and money.

CONFIDENTIAL PROCESS

Mediation is a private and confidential process. Couples can feel free to talk about whatever issues are important to them that may not be suitable for discussion in court. These issues may involve discussion related to children that the judge would expect parents to work out without court intervention. The issues important to the couple may be discussed in a private, neutral space with the assistance of the mediator. 

IMPROVE COMMUNICATION

Mediators aim to help couples communicate better as part of the mediation process. Couples who participate in mediation often find that after reaching a resolution in their divorce, they are able to move forward and build a working relationship with their ex. This allows couples to learn how to effectively co-parent and communicate regarding the children. 

FINANCIAL VALUE

Mediation is significantly less expensive than the cost of protracted litigation. Additionally, parties can control their cost at mediation, deciding what issues they want the mediator to assist them with, and how may sessions they want to attend. 

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. Through mediation or the collaborative divorce process, Laurie 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.

What Are The Advantages Of Mediation?

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Unfortunately, divorce has become more commonplace than it was years ago. As a result of the rise in divorce, couples are looking at their options other than litigation to complete the divorce process. One of the alternate dispute methods is mediation. 

What is the benefit of mediation verses litigation?

Advantages of Mediation
  • Mediation is a way for divorcing couples to exert total control over the outcome of their case.
  • Mediation offers divorcing couples a way to civilly discuss and resolve the issues of their case. And all aspects of a divorce can be addressed in mediation such as custody, parenting time, division of marital assets/debts, spousal support, and any other issues that present in a case.
  • There is a significant risk factor in leaving all the decisions to the judge.  Judges will never understand your situation or the needs of your children more than you and your spouse do. Why leave the outcome of your divorce in the hands of a complete stranger?
  • Mediation is much more affordable to divorcing couples than litigation. Typically, parties equally share in the cost of the mediator. And mediators are far less expensive than what a trial would be.
  • Mediation affords the divorcing couple to customize their settlement. 
  • Mediation is a much quicker way to resolve your divorce case. Often times, attorneys are able to schedule mediation within weeks after the divorce has been filed, verses a trial that may be held 6-8 months from the divorce filing.
  • Mediation is a non-confrontational process. Parties may select to sit in the same room with the mediator. Or, parties may select to be in individual rooms, with the mediator shuttling back and forth between the parties.
  • Divorcing couples who settle their case through the mediation process are far more likely to be satisfied with the outcome and follow the provisions in their judgment of divorce without the need for post-divorce litigation. 

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 Is A “NO FAULT” Divorce In Michigan?

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Michigan is a no-fault state, which means that you do not need to provide a reason for seeking a divorce. You will not be required to show any wrongdoing on your spouse’s part to have a divorce granted. 

No Fault Divorce in Michigan

In order to obtain a divorce in Michigan, you must declare in your complaint for divorce and testify at your final hearing that you had been a resident of the State of Michigan for 180 days before filing, that you had been a resident of the county in which you filed for 10 days before filing, and that there are “irreconcilable differences”. Irreconcilable differences means that there has been a breakdown of the marriage relationship so that the objects of matrimony have been destroyed and there is no likelihood the marriage can be preserved. This must be true at the time of filing and at the time of the final hearing.

To conclude, the only statutory requirement in the State of Michigan to be granted a divorce is that there has been a breakdown in your marriage, and you do not believe your marriage can be preserved.  The judge will not ask you details as to what the actual breakdown was. You will just need to state that a breakdown in the marriage exists, and they will grant your request for a divorce.

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

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.  

Mediation Guide

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MEDIATION – DEFINED 

Mediation is a process that allows you and your spouse to resolve conflict in a peaceful manner.  You and your spouse meet with a neutral third party who is trained in the mediation process (the mediator).  The mediator will assist you and your spouse in discussing the outstanding issues, and helping both of you review your options, so that you may reach an acceptable outcome of your differences. 

BENEFITS TO PARTICIPATING IN MEDIATION

Mediation offers a less stressful option for couples in that the mediation process offers the couple the ability to maintain total control over the outcome of their case. Additionally, Mediation can save you both time and money verses litigating your case.

ISSUES TO BE DISCUSSED AT MEDIATION

At mediation, the topics for discussion are decided by you and your spouse.  The mediator will give each of you an opportunity to present an opening statement.  This opening statement will consist of what you believe the issues are, from your perspective.  As the mediator is a neutral third party with no information about your case, these opening statements assists the mediator in determining the what the issues are, and what the topics of discussion will be.  Any issue you have between you and your spouse may be discussed at mediation.  Nothing is too small or too great to be discussed at mediation.  In fact, mediation is a safe environment to express your concerns and opinions regarding your case.  And often times, clearing the air at mediation can help both of you to move forward in a positive way.

MEDIATION VERSES TRIAL   

In mediation, you are free to craft an agreement that makes sense to you, your spouse, and your children.  If you and your spouse come to an agreement (or a partial agreement), you “own” the terms of that agreement, are more likely to be satisfied with the terms, and therefore more likely to abide by the terms.  It’s never best to allow the judge to have complete control over the outcome of your case, or to let the judge decide what your future will hold.  Mediation allows for you and your spouse to be creative, and to work towards an agreement that will be durable – standing the test of time.

And, mediation is a cost-effective means to reach an agreement.  Trial is financially expensive, and emotionally tolling.  After spending thousands of dollars, trial can leave parties bitter and disillusioned at the judicial process.  And, if you and your spouse are not getting along, the trial process will only enhance existing hostility between each other.

PARTIAL AGREEMENTS   

Perhaps you schedule a second session with the mediator.  Or, if you believe you are truly at an impasse, a trial on the outstanding issues may be required.  But, if you have reached a partial agreement in mediation, any issues agreed to at mediation will not need to be discussed at trial, saving you money at trial.

MEDIATION AGREEMENTS ARE BINDING

The mediation process, and entering into an agreement at mediation, is a voluntary process.  It is important that when you enter into your agreement, you are doing so freely voluntarily, and with the expectation that you will be bound by the terms. So, it is crucial that you understand the terms of the agreement prior to entering into it.

However, once you and your spouse have entered into an agreement, the signed mediation agreement becomes a legal and binding contract, enforceable by the court.  So, it is important to fully understand the terms of the agreement before you sign the mediation agreement, as the court will hold you to the terms of the agreement.

ATTORNEY PARTICIPATION AT MEDIATION 

Yes!  The mediation process doesn’t look to exclude your attorney.  In fact, it welcomes their participation.  Clients depend on their attorneys to provide them with legal advice, and to assist them through the divorce process.  Having your attorney present at mediation is important as they can outline the issues for the mediator, and assist in generating options.  And most importantly, they can explain the implications of the agreement before you sign it.  As discussed above, there is no going back once the agreement has been signed.

HOW TO PREPARE FOR MEDIATION

Before you attend Mediation, it is important for you and your attorney to prepare.  It is also imperative that both you and your attorney have a shared understanding of what your desired outcome is at mediation.  At Schmitt Law, PLLC, we sit down with our clients prior to mediation and discuss our strategy.  This allows us to be “on the same page” with the client when we attend Mediation. 

In order to have a successful mediation, the following information must be compiled prior to attending a divorce Mediation: 

  • Statements for all of your bank accounts.
  • A list of your vehicles, with a Kelly Blue Book value on each vehicle.
  • A list of your recreational vehicles (boats, campers, snowmobiles, etc.), with values for each.
  • Statements for your mortgage(s) (to include home equity lines of credit and second mortgages).
  • Copies of all appraisals for each real property.  If you have not had your real property appraised, have it appraised prior to mediation. 
  • Statements for life insurance policies, and their cash value.
  • Statements for each of your retirement accounts (401k’s, IRA’s, 403B’s, pensions, profit sharing, etc.).
  • Statements for each of your investments (stocks, bonds, mutual funds, etc.).
  • Statements for all of your credit cards, and documents for all other indebtedness.

If you have children under 18:

  • Verification of yearly daycare costs.
  • Cost of employer provided health insurance with breakdown for costs for self and cost for self with family.
  • Tuition statements.
  • Prior to mediation discuss with your attorney
    • What type of legal custody you are seeking.
    • What type of physical custody you are seeking.
    • What parenting time schedule you are seeking.
    • What holiday schedule you are seeking.
    • What type of telephone contact you are seeking.
    • Who will provide transportation for pick up and return of the children.
    • Who will claim the child as a dependent under City, State and Federal Taxes.

Make sure to provide copies of the documents to your attorney, to ensure they have them available at mediation.  The preparation you and your attorney do now will hopefully result in a fair and equitable agreement at mediation (and completion of your divorce).

FINANCIAL AND INCOME INFORMATION NECESSARY FOR A SUCCESSFUL MEDIATION

Complete and accurate financial information is important for the process of mediation.  You will need the following information:

ASSETS:

Real Property: furnish appraisal and last mortgage statement 
Bank accounts and savings accounts: furnish last statement
Stocks, Bonds, Mutual Funds: furnish last statement
Life Insurance – Name of Company, Policy Number, Face Value, Type of and Location of policy
Business or Professional Interests: furnish last balance sheet and P&L statement, tax return, buy-sell agreement
Miscellaneous Assets – Patents, Trademarks, Copyrights, Royalties, Stock Options
Pension Plans, Keogh, IRA’s or Profit-Sharing Plans: furnish last statement and description
Automobiles, Recreational Vehicles, Tangible Personal Property

LIABILITIES

Mortgage on Real Property
Notes Payable to Banks and Others
Loans on Insurance Policies
Other Debts (including store charges, credit cards)

ANNUAL INCOME                        

Gross Salary/Wages
Dividend Income
Interest Income
Income Trusts
Rental Income
Other Income

HOW TO HAVE A SUCCESSFUL DIVORCE MEDIATION

Mediation is set in your divorce case.  How do you set yourself up to have a successful mediation?  Here are the top tips to ensure you make the most of your time and money at mediation:

  1. COMPROMISE AND CONCESSIONS ARE NECESSARY.

If neither you or your spouse are willing to move from your point of view, your case will inevitably end up in the hands of the judge. Remember, mediation is a voluntary process wherein you and your spouse maintain total control of the outcome of your divorce.  You own the process and own the outcome.

  1. BE PREPARED. 

Have your financial documents with you at mediation. Remember, it’s impossible to resolve financial issues without written documentation.  Be prepared to show the   mediator and your spouse through statements.  Don’t expect them to believe it just        because you say so. 

  1. BE REALISTIC WITH YOUR EXPECTATIONS.

Set your goals appropriately.  Remember, there is never a time that just one party walks out of mediation with everything they set out to get. 

  1. BE COOPERATIVE, NOT COMPETITIVE. 

            Look for your common shared interests.  Look for the win/win.

  1. BE OPEN MINDED. 

Be prepared to listen to your spouse, and consider their point of view.  An agreement today can result in improved capacity co-parent in the future.  Once again, a win/win.

  1. DON’T PLAY THE BLAME GAME. 

The mediator doesn’t want or need to know the details of why you are seeking a divorce. The mediator is a neutral third party assisting you in getting to a resolution.  The “what happened during our marriage” conversation is not necessary.

  1. GET YOUR HEAD IN THE GAME.

Enter into mediation with the mindset you are here to fully engage in the process, to get resolution in your divorce, and to walk out of mediation starting your new           life.

  1. WATCH YOUR WORDS AND YOUR TONE.

If your true goal is to reach settlement, then be careful what you say and how you say it.  This is not marriage counseling, a trial, or the time to hash out your differences.

Mediation empowers couples.  Set aside your anger and frustration, your need to win, and your need to blame.  If you are able to do so, you will walk out of mediation with a durable agreement that satisfies both you and your spouse.  And, you will have maintained total control of the outcome of your divorce.  Parties who reach their own agreement are much more satisfied than parties who hand the power over to the judge.

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.

Is Mediation or The Collaborative Process Right For You?

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Is it important for you and your spouse to effectively co-parent after your divorce has ended?

After your divorce has ended, is it important that you and your spouse interact in a respectful manner when you are in front of the children?

Are you and your spouse willing to put the needs of your children first and foremost?

Do you and your spouse want to participate and have input into the final outcome of your case?

Do you and your spouse agree that spending money on litigation is a waste of marital assets?

Do you and your spouse want to stay out of court?

Do you and your spouse agree that the focus must be on creating solutions that address the needs and goals of both you, your spouse, and your children?

IS AN ALTERNATIVE DISPUTE RESOLUTION PROCESS RIGHT FOR US? MEDIATION OR THE COLLABORATIVE PROCESS

Mediation or Collaborative Process
  • If you are willing to be open, honest, and respectful with one another…
  • If you are committed to resolving your issues, verses allowing a judge to take total control and make all of the decisions for you and your children’s future…
  • If you want to have 100% control of the terms of your custody and parenting time  agreement…
  • If you can remain transparent during the process – sharing all financial information necessary to reach a fair and equitable agreement…
  • If you and your spouse are able to set aside the blame and anger…
  • If you and your spouse are ready to move forward in your lives, with the understanding that each of you will remain important to the children…
  • If you and your spouse want a safe environment to work out your differences…
  • If you and your spouse are looking for a way to resolve your differences other than the traditional courtroom setting…
  • If you and your spouse are open to meaningful conversations about you and your children’s future…
  • If you and your spouse are interested in working with trained professionals that can guide you through a more respectful process than litigation…
  • If you do not want to spend the next year in court…
  • If you and your spouse agree that you need to reach a fair and equitable settlement…
  • If you and your spouse are ready to resolve your differences in a fair, open, and respectful manner…
  • If you and your spouse are ready to create positive solutions that work well for both parties, without the need for court intervention…
  • Then mediation or the collaborative process are excellent choices for you and your spouse. To learn more about mediation or the collaborative process, see my blogs.

MEDIATION AND COLLABORATIVE 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.

Key Questions To Ask Your Divorce Lawyer

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CAN MY SPOUSE PREVENT ME FROM GETTING A DIVORCE?

  • No. If you have filed for divorce, your spouse cannot stop the divorce from being finalized. The court will move the case along, with or without his permission or participation.

WILL I BE RESPONSIBLE FOR MY SPOUSE’S STUDENT LOAN DEBT?

Key questions to ask lawyer
  • Not generally. If the spouse acquired the student loan debt before the marriage, then typically the debt remains the sole responsibility of that spouse. Note, there can be narrow exceptions to this rule. Contact Schmitt Law, PLLC to obtain further information about student loan debt.

IS MY SPOUSE ENTITLED TO A PORTION OF MY RETIREMENT ACCOUNT?

  • Yes, if the retirement account was acquired during the marriage. If the retirement account was acquired before marriage, then it may remain separate property of that spouse.

WILL I BE RESPONSIBLE FOR MY SPOUSE’S MEDICAL DEBT?

  • Yes. Medical debt acquired during the marriage is considered marital debt, to be divided equally between the parties.

WILL MY SPOUSE BE RESPONSIBLE FOR MY ATTORNEY’S FEES?

  • Do not count on an attorney’s fee award. You may always file a motion to request assistance with payment of your attorney’s fees. However, there is no guarantee that the judge will grant such a request. The answer to this depends on your specific facts and circumstances. Contact Schmitt Law, PLLC to obtain more information about requesting your attorney’s fees to be paid by your spouse.

ARE MEN EVER GRANTED SPOUSAL SUPPORT?

  • Yes. The court does not have gender bias when it comes to the determination of payment of spousal support. The court reviews specific factors to determine if the payment of spousal support is appropriate – and awards spousal support when it is appropriate. These awards are not based on gender.      

ARE MEN EVER GRANTED CUSTODY?

  • Yes. Men can be granted custody of the minor children. The court reviews the 12 best interest factors when making a determination about custody. Gender does not necessarily play a role in the court’s final decision on custody.

Note, the contents provided above are for general information purposes only, and should not be construed as legal advice on any specific facts or circumstances. As family law is complex, answers to your specific and unique situation may vary greatly from the general answers provided in this blog. 

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 online or call (616) 608-4634 to schedule a consultation.