Michigan Law

The Michigan Divorce Process

November 9, 2023 By Laurie Schmitt

ELIGIBILITY

One party must reside in Michigan for:
- 6 months if there are minor children of the marriage
- 2 months if there are no children of the marriage
One party must testify under oath that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.

FILING

The Complaint for Divorce must be filed in the county in which one party has resided for 10 days or more.

SERVICE

The Defendant is served with the Complaint for Divorce and Summons

RESPONDING

The Defendant must answer the Complaint for Divorce within 21 days after in-person service (or 28 days if served by mail).

TEMPORARY ORDERS

By Motion from either party, the Court may grant temporary orders on custody, parenting time, child support, and financial issues such as payment of debt and spousal support.

FINANCIAL DISCLOSURES

Each party must complete and serve on the other party (or their attorney) a Domestic Relations Verified Financial Information Form and supporting financial documents.

DISCOVERY

The process in which attorneys start to gather all financial information regarding all assets and liabilities of the marital estate.

NEGOTIATION

Attorneys/parties negotiate and discuss settlement informally

MEDIATION

Mediation is required for all divorce cases
Attorneys/parties negotiate and discuss settlement with the assistance of a mediator (third party neutral).
The parties and their respective attorneys may agree to mediate at any point during the divorce process. But mediation must be completed before attendance at the Settlement Conference, and before a trial will be scheduled.

SCHEDULING CONFERENCE

The Court will set a scheduling conference to inquire as to the status of the case.
A scheduling Conference Order will be entered setting deadlines for the discovery process, appraisals, and mediation.

SETTLEMENT CONFERENCE

Court schedules a Settlement Conference wherein the parties and their respective attorneys must appear to inform the Court as to what issues remain in dispute.
If there are issues that remain in dispute, the Court will set a trial date.

PRO CONFESSO HEARING

If the parties are able to reach an agreement, a pro confesso hearing (final hearing) will be held and a Consent Judgment of Divorce will be entered.

TRIAL

If the parties are unable to reach a full agreement on the terms of their divorce, a trial will be held in front of the judge, testimony will be taken, and the judge will make a final ruling on the matter.

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 Street SW, Suite 112D, Grand Rapids, MI 49503.

What Is The Process In A Paternity Case In The State Of Michigan?

July 31, 2023 By Laurie Schmitt

If a child in Michigan is born to unmarried parents, paternity will need to be established. It can be as easy as both parents voluntarily signing an Affidavit of Parentage. Or it will require the assistance of the court to establish paternity.

WHAT IS AN AFFIDAVIT OF PARENTAGE?

An Affidavit of Parentage is a form signed by both unmarried parents that acknowledges, under the penalty of perjury, that they are the biological parents of a child.

CAN I FILE A CUSTODY CASE WITHOUT AN AFFIDAVIT OF PARENTAGE?

If you and the other parent signed and filed an Affidavit of Parentage, either of you may file a custody case to establish custody, parenting time, and child support. However, if you do not have an Affidavit of Parentage, you will need to establish paternity before you can file a case for custody, parenting time, and child support.

HOW DO I ESTABLISH PATERNITY VOLUNTARILY?

A father’s legal paternity must be established before custody, parenting time, and child support can be established. To voluntarily establish paternity, the mother and father can sign and file a sworn statement called an Affidavit of Parentage. There is no requirement that a DNA test must be taken. Once both parents have signed the Affidavit of Parentage, it must be filed with the Central Paternity Registry in Michigan.

WHAT HAPPENS IF I SIGN AN AFFIDAVIT OF PARENTAGE?

Once you have voluntarily signed and Affidavit of Parentage, it establishes paternity. When there is an Affidavit of Parentage in place, paternity is now established.

Under Michigan law, once an Affidavit of Parentage is signed:

It gives initial custody to the mother until either parent starts a custody case.
It allows the child’s mother to seek child support from the child’s father.
It allows the child’s father to seek custody and/or parenting time with the child.
It allows the father’s name to be added to the child’s birth certificate.

WHEN CAN YOU SIGN AN AFFIDAVIT OF PARENTAGE?

An Affidavit of Parentage often gets signed by the parents when their child is born, but it can be done any time during the child’s life.

HOW DO I ESTABLISH PATERNITY THROUGH THE COURT?

Either parent may seek to establish paternity. And signing the Affidavit of Parentage is voluntary. If either parent does not agree to sign an Affidavit of Parentage, it can’t be used to establish paternity. If this is your situation, then either the mother, father or prosecuting attorney can file a paternity case.

If court intervention is necessary, the first step is for a complaint to be filed with the court, and a hearing to be set. Next, you would serve the other parent with the complaint and notice of the hearing. A hearing will be held wherein either party may request a DNA test. If a DNA test is requested by either party, then that test will be court ordered. The father, mother, and child will be required to go to a lab and provide samples for the DNA test. Once the results of the DNA test are done, and it is determined that the party is the father, then the case may move forward to determine custody, parenting time, and child support.

WHAT IF I’M NOT SURE I’M THE FATHER?

If you have any doubt about whether you are the child’s biological father, you should obtain a DNA test before you agree to sign the Affidavit of Parentage. You must be 100% certain you are the father before you voluntarily sign the Affidavit of Parentage. If you are sure you’re the father of the child, the Affidavit of Parentage can be signed so that you can establish yourself as the child’s biological and legal father.

WHY SHOULD YOU REQUEST A DNA TEST?

When you sign the Affidavit of Parentage, you waive your right to request a DNA test, and waive your right to contest paternity through the court. If a DNA test shows that the alleged father is the biological father, the judge will sign an Order of Filiation. An Order of Filiation establishes paternity, making the alleged father the legal father. Custody, parenting time, and child support decisions would then be made in the paternity case.

WHAT IF YOU DISAGREE WITH THE PATERNITY TEST?

If the purported father disagrees with the results of the DNA test, then a trial will take place in which the court will either establish an order of paternity or, if appropriate, dismiss the claim.

GET HELP ESTABLISHING RIGHTS TO YOUR CHILD. GRAND RAPIDS FAMILY LAW ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

Paternity in Michigan is a complicated procedure with long-term implications. It’s important to understand your rights and duties so that you will be in the best position to move forward during and after you establish your parentage. Advice from an experienced family law 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. Our office is located at 401 Hall St., Suite 112D, Grand Rapids, MI 49504

What Your Divorce Attorney Cannot Do For You

March 16, 2023 By Laurie Schmitt

If you are about to file for divorce, it’s important you to know what your divorce attorney can’t do for you. The following are things your divorce attorney can’t do for you.

CHANGE THE MICHIGAN LAW

Simply put, your divorce attorney doesn’t have a magic wand to change the law as it relates to your divorce case. You may love what position the Michigan law supports, or not. But your divorce attorney can’t change the law.

SPEED UP YOUR CASE

Your divorce attorney can’t change the mandatory waiting period in your divorce case. Michigan law establishes waiting periods depending on the individual circumstances.

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.

ACT UNETHICALLY

When your divorce attorney represents you, they must do so within the applicable parameters of Michigan law. This means your divorce attorney can’t be required to engage in conduct that is illegal, unethical, or fraudulent. If your divorce attorney can’t ethically abide by your requests, they must withdraw from representing you.

TAKE ACTION AGAINST THE BEST INTEREST OF YOUR CHILD(REN)

If your divorce involves minor children, your divorce attorney will refuse to engage in conduct that, in their professional judgment and knowledge of the law, would be contrary to the best interests of Client’s minor child(ren). This means your attorney can’t assert any position or engage in any action that they deem contrary to the minor child(ren)’s best interests.

COMMUNICATE WITH THIRD PARTIES

Your divorce attorney can’t talk to third parties, and must protect information relating to the representation of you from disclosure to third parties. If you wish for your divorce attorney to speak to third parties such as family members, you must provide them with specific consent to do so.

MAKE PROMISES ABOUT THE OUTCOME OF YOUR CASE

Your divorce attorney can’t make any representation to you, nor any assurances as to the favorable or successful resolution of your case. This means your divorce attorney can’t promise you a specific outcome, nor make promises as to the nature or amount of any awards or distributions of property, attorney’s fees, costs, or any other aspect in your divorce. It’s important to note that your divorce attorney can’t promise you particular results as the court has the sole power to decide all issues.

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

If you are contemplating or in the process of a divorce or separation, contact the Michigan divorce attorney, Schmitt Law, PLLC. Our office understands that family law matters often involve complex relationships and dynamics that can enhance decision-making stress. We provide clients with the security to approach these challenges with confidence. Our dedicated attorney will provide clients with individualized attention and strategic case preparation to address all parts of their cases. We invite you to contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

What Is A “NO FAULT” Divorce In Michigan?

September 14, 2022 By Laurie Schmitt

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.

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.

Michigan Law

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