Myths

In the initial interview, it’s common for clients to share with Schmitt Law, PLLC statements made by their spouse that the client considers truthful.

The following are just a few statements that Schmitt Law, PLLC has heard over the years, and the truth behind those statements.

• Statement: I will not be awarded one half of the assets of the marriage because I was not employed outside of the home, or I earned less than my spouse.
  Truth: When it comes to the court dividing assets of the marriage, it does not matter that you did not work outside of the home, or that you earned less than your spouse. It takes a team to build the marital dynasty, and more often than not that dynasty is divided equally at the time of the divorce. 

• Statement: I am not entitled to any portion of my spouse’s retirement account or pension earned during the marriage.
  Truth: If the retirement account or pension was acquired during the marriage, then it is a marital asset that will be divided equally at the time of the divorce.

• Statement: I am not entitled to any portion of my spouse’s business interest.
  Truth: If the business was built during the marriage, it will be classified a marital asset, and remains equally divisible between the parties.

• Statement: I will not be awarded custody of the children or parenting time with the children because my spouse makes more money.
  Truth: The court does not make custody and parenting time decisions based on incomes of the parties. It looks to the best interest factors when making these important decisions – what is in the best interest of the children. In order to equalize the incomes of the parties, child support will be calculated based on the parties’ incomes. 

• Statement: I will be responsible for one half of my spouse’s student loans acquired during the marriage.
  Truth: The courts do not expect one party to be financially responsible for the other party’s student loans. If you or your spouse has a student loan in your name, you or your spouse will be held responsible for payment of this debt post-divorce.

• Statement: I will be responsible for all of my medical bills acquired during the marriage because they are in my name.
  Truth: Courts look at medical bills acquired during the marriage as marital debt. These debts are treated as any other marital debt and are equally divisible between the parties.

Note, these are complex issues that may have different answers and outcomes based on the specifics of your case. For the purposes of this blog, I have given basic answers. However, there may be much more to the story. Also, don’t assume your spouse knows the law. Seek a consultation with an attorney to obtain answers to your legal questions.

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

If you would like to learn more about divorce actions, contact Schmitt Law, PLLC. I will meet with you to discuss your divorce and its potential impact on your family, finances, and future. Please reach out to our office for knowledgeable advice regarding your concerns about divorce, custody, parenting time, child support, and spousal support. Contact Schmitt Law, PLLC at (616) 608-4634 for a consultation today. Or, contact us online to book a consultation.

1. EVERY CASE GOES TO TRIAL

Most spouses want their divorce to be as quick and painless as possible. And, every judge wants your divorce case to settle without the necessity of a trial.

Settling your case without the need for litigation has many benefits. Coming to an agreement with your spouse will allow your divorce to conclude much quicker than waiting months for a trial date. The sooner you are able to close the door on your divorce, the sooner you can open the new door to your new life.

Another benefit of settling your divorce case is that it will save you from spending your money on attorney’s fees. The attorney’s fees associated with preparing and attending a trial can be quite costly.

Lastly, when you and your spouse craft your own agreement and agree on the terms of your divorce, you are much more likely to be satisfied, and less likely to have post-divorce litigation.  You created your own agreement and are more likely to follow through with what you agreed to.

It’s not fun when a judge dictates your future. Take control of your own future, learn to make concessions, and settle your case under fair and equitable terms.

2. WOMEN ARE THE PREFERRED CUSTODIAL PARENT

It’s true that history shows that when there was a custody battle over the children, mothers were the preferred custodial parent, and primarily awarded custody of the children.  There have been a lot of change in child custody arrangements. Parents are now asking for equal responsibility and to share custody of the children. If you are unable to come to an agreement with the other parent, then the judge will need to decide. In a custody battle Michigan court must evaluate the 12 best interest factors before making a decision on child custody and parenting time. The judge will review the following factors:

1. The love, affection and other emotional ties existing between the parties involved and the child.
2. The capacity and disposition of the parties involved to give the child love, affection and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
3. The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
4. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
5. The permanence, as a family unit, of the existing or proposed custodial home or homes.
6. The moral fitness of the parties involved.
7. The mental and physical health of the parties involved.
8. The home, school, and community record of the child.
9. The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.
10. The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.
11. Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
12. Any other factor considered by the court to be relevant to a particular child.

If your custody case must go to trial, it is not an automatic win for either parent. After careful review of the above factors, the judge will make a ruling on custody and parenting time.

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.