Preparing

What Should I Ask My Divorce Attorney At The First Meeting?

July 18, 2022 By Laurie Schmitt

Asking the right questions at the initial interview will assist you in determining if you and the attorney will be a good fit to work together. v And, obtaining answers from the beginning of the attorney-client relationship can set a positive tone between you and the attorney. Remember, this is your interview. You should feel free to ask the attorney anything you have concerns about.

HOW LONG WILL MY DIVORCE CASE TAKE?

Under Michigan law, if there are no minor children of the marriage, the mandatory wait period is 60 days from the date of filing the complaint for divorce. If there are minor children of the marriage, the statutory wait period is six months from the date of filing the complaint for divorce. These statutory wait periods are defined in MCL 552.9(f). Realistically, a contested divorce in the state of Michigan can take 8-12 months.

WHO WILL I ACTUALLY BE WORKING WITH?

Will you be working with the attorney you interviewed with or an associate of the firm? Understand who you are hiring. If you will be working with an associate, meet them before you retain the law firm. The point of a consultation is to see if you can have a successful working relationship with the attorney. It’s hard to make that determination if you interview with one attorney, and your case is assigned to another attorney you have not met.

HOW WILL THE ATTORNEY COMMUNICATE WITH ME?

To avoid misunderstanding and frustration in your attorney-client relationship, understand how your attorney will communicate with you. Do they prefer communication through email, telephone, or text? Who will you be primarily communicating with – the attorney or their staff?

HOW OFTEN WILL THE FIRM SEND ME INVOICES?

Ask how often the firm sends invoices. You do not want to receive an invoice several months after you have retained your attorney only to find out that your retainer is completely depleted. Better to know each month where you stand financially with your attorney.

WHAT WILL I BE BILLED FOR?

Have a full understanding of what you will be billed for such as calls, emails, texts, document preparation, attendance at hearings, postage, and costs.

DOES THE ATTORNEY HAVE ANY EXPECTATIONS OF ME?

Does the firm have rules about client use of social media during the pendency of your case? Do they have suggestions about how to communicate with your spouse while the case is ongoing? Do they want to be informed of discussions/issues that arise between you and your spouse, and how often? Does the attorney have other rules that may guide you smoothly through your divorce process?

WHAT DOCUMENTS WILL THE ATORNEY REQUIRE OF ME?

The earlier you begin compiling the necessary documents for your divorce attorney, the easier it will be for you. You can be assured that your divorce attorney will need documents such as your tax returns, paystubs, mortgage statements, deeds, titles, credit card statements, and retirement account(s) statements. Ask the attorney to provide you a detailed list of what they require.

IF YOU ARE READY TO GET STARTED WHAT ARE THE NEXT STEPS?

Typically, this would mean that you need to sign a retainer agreement, make payment of the retainer, and provide information for the attorney to draft the documents necessary to file your divorce.

MICHIGAN COLLABORATIVE DIVORCE ATTORNEY

Schmitt Law, PLLC treats each and every client with understanding. We will address any questions and concerns that you may have in order to structure our representation accordingly. Whether you have a simple, uncontested divorce or a complex legal battle that must be litigated, contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

Discovery: What Is It and What Will I Need To Provide To My Attorney

June 2, 2022 By Laurie Schmitt

Discovery is part of the pre-trial phase of the case where each party requests documents and information from the other side. This process allows both parties to obtain information necessary to reach a fair and equitable settlement. If a settlement is unsuccessful, the information exchanged will be used at trial.

WHAT WILL I NEED TO PROVIDE TO MY ATTORNEY?

The following is a checklist of documents you should compile for your attorney:

List of all bank accounts. Provide account numbers, current balances, and statements for the last three months for each account. (savings, checking, CD’s, credit unions)
Copies of titles and registrations for all vehicles, boats. etc.
Blue book values on all vehicles and boats. Print reports for private party values for each vehicle and/or boat.
Warrant Deed and statements reflecting mortgage balances owed for all real estate.
Copy of Appraisal for home (if within last 3 years).
Copies of life insurance policies.
Most recent property tax statement and any recent appraisal reports for all real estate.
Retirement account statements (401k’s, IRA’s, 403B’s, pensions, profit sharing, etc.).
Statements for investments (stocks, bonds, mutual funds, etc.).
Information for inheritance received during the marriage.
List all credit cards and other debts (mortgages, car loans, home equity lines of credit) indicating whether joint or individual, and balance owed, and provide copies of statements for the last three months for each.
Documents for all other indebtedness.
Any financial statements recently prepared (ex: for loan applications).
Recent pay stubs for both spouses.
Recent credit report to ensure that all debt is accounted for in your settlement.
The last three years’ tax returns with W-2’s and schedules attached.
Business interests, corporate stock certificates, etc.
Franchise agreements.
Employment Contracts.
Lease agreements.
Copy of household budget if used.
Prenuptial or post-nuptial agreements.

If you have children under 18:

Verification of yearly daycare costs
Information on, or copy of, current health care cards
Cost of employer provided health insurance with breakdown for costs for self and cost for self with family

CONTACT AN EXPERIENCED DIVORCE ATTORNEY IN GRAND RAPIDS, MI

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.

How To Prepare For a Divorce Mediation

April 29, 2022 By Laurie Schmitt

Ending a marriage can be incredibly difficult. Unfortunately, many people believe that litigation is the only way to end their marriage. However, there is an alternative to resolve the outstanding issues and complete your divorce and that is through Mediation.

WHAT IS MEDIATION?

In Mediation, the parties and their attorneys meet with a neutral third party who will assist you in coming to an agreement that is fair and equitable.

WHY DO I WANT TO PARTICIPATE 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.

WHAT DO I NEED TO DO BEFORE 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.
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).

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.

How To Prepare For a Custody Mediation

March 24, 2022 By Laurie Schmitt

All family law cases are difficult. However, custody cases can be the most challenging for parents. Whether your case is a divorce, child custody, parenting time, or child support case, Mediation offers a less stressful option for couples.

In Mediation, the parties and their attorneys meet with a neutral third party who will assist you in coming to an agreement that is fair and equitable.

Before you attend Mediation, it is important for you and your attorney to prepare. It is also imperative that both the client and attorney have a shared understanding of what outcome the client desires through the Mediation process.

As this is a difficult time for the client, it is normal to have questions and concerns about the process and outcome. At Schmitt Law, PLLC, we sit down with every client prior to mediation and discuss our strategy. This allows us to be “on the same page” with the client when we attend Mediation.

The following is a checklist that Schmitt Law, PLLC reviews with all clients prior to attending a custody Mediation.

Make sure you have provided copies of all relevant documents to your attorney so that they can have the necessary documents available for mediation.
What type of legal custody are you seeking? Joint or sole?
What type of physical custody are you seeking? Joint or sole?
What parenting time schedule are you seeking? Does your work schedule allow you to exercise parenting time on the schedule you are seeking? Do you have daycare available if needed?
What holiday schedule are you seeking? The following are the major holidays that Schmitt Law, PLLC typically requests: New Year’s Eve, New Year’s Day, Easter, Memorial Day, July 4, Labor Day, Halloween, Thanksgiving, Christmas Eve, Christmas Day, Child’s birthday, Spring Break, Christmas break, Mother’s or Father’s Day, and any other day important to the client.
What type of telephone contact are you seeking? What days of the week, what time of the day, and for what length of time?
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?
What happens if one or both of the parties require a change in their parenting time schedule?

And through the mediation process, be sure to put your child’s needs first – prioritize what is best for the child, and what is best for their day-to-day routine. When you place the child first, much of the decisions to follow become easy to make.

Experienced Michigan Child Custody Attorney

Laurie Schmitt at Schmitt Law, PLLC is experienced in family law cases involving visitation and custody. Over the years, I have successfully represented hundreds of clients in complicated cases. For skilled legal guidance, please call Laurie at Schmitt Law, PLC at (616) 608-4634, or contact us online to arrange a consultation.

Preparing For The Initial Consultation

December 31, 2021 By Laurie Schmitt

You made the appointment for your initial consultation and now wonder what you should bring to the first meeting with the attorney. For the attorney to prepare a snapshot of your case, you should be prepared to answer questions regarding your finances and property holdings. To make the most of that first meeting, I suggest having the following information and/or documentation with you:

List of all bank accounts. Provide account numbers, current balances, and statements for the last three months for each account. (savings, checking, CD’s, credit unions)
Copies of titles and registrations for all vehicles, boats. etc.
Blue book values on all vehicles and boats. Print reports for private party values for each vehicle and/or boat.
Warrant Deed and statements reflecting mortgage balances owed for all real estate.
Copy of Appraisal for home (if recent).
Copies of life insurance policies.

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Most recent property tax statement and any recent appraisal reports for all real estate.
Statements for each retirement account statements (401k’s, IRA’s, 403B’s, pensions, profit sharing, etc.).
Statements for investments (stocks, bonds, mutual funds, etc.).
Information for inheritance received during the marriage.
List all credit cards and other debts (mortgages, car loans, home equity lines of credit) indicating whether joint or individual, and balance owed, and provide copies of statements for the last three months for each.
Documents for all other indebtedness.
Any financial statements recently prepared (ex: for loan applications).
Recent paystubs for both spouses.
The last three years’ tax returns with W-2’s and schedules attached.
Business interests, corporate stock certificates, etc.
Franchise agreements.
Employment Contracts.
Lease agreements.
Copy of household budget if used.
Prenuptial or postnuptial agreements.
If you have children under 18:
- Verification of yearly daycare costs
- Information on, or copy of, current health care cards
- Cost of employer provided health insurance with breakdown for costs for self and cost for self with family
Often, attorneys do not need to review all of these documents at the initial interview. However, having the information in your hands during the first meeting will assist you in answering questions regarding your finances. And the more specific the information you can provide to the attorney, the better the legal advice will be.

For more information about your rights as it pertains to divorce, contact me, Laurie Schmitt, Attorney at Law, at Schmitt Law, PLLC, by calling 616-608-4634.

How to Prepare for the Initial Consultation with a Divorce Attorney

July 19, 2021 By Laurie Schmitt

You’ve made the decision to seek advice from a divorce attorney. You’ve made the appointment. What preparation should you take to use your time efficiently at the consultation? The initial consultation various from attorney to attorney. However, most divorce consultations include a discussion of the divorce process, custody, parenting time, financial matters, and attorneys fees and costs.

So how should you prepare for this consultation? There are many steps you can take to make sure your first meeting is as productive and useful as possible.

Prepare a list of questions. Many clients are unsure what to ask, or are so overwhelmed they simply forget what they wanted to ask. The interview is much more effective if it can be tailored to your specific needs. That way, you are assured to leave the interview with the information you need. What are your concerns? Do you worry about how you will support the children and pay the bills during the divorce? Is your spouse telling you that you must move out of the marital home before the completion of the divorce?
Compile your financial data to include your assets and liabilities. Be prepared for financial questions from your divorce attorney. Come to the first meeting prepared to tell the attorney what you own, and what you owe. Arrive with copies of your available financial records to include tax returns, mortgage statements, credit card statements, retirement account statements, paystubs, business records, and any other document relating to your financial situation. Do you know how much is in your spouse’s retirement account, or what your mortgage balance is? Do you know the names and balances of your credit cards?
Prepare a list of background information. Your list should contain names, addresses, social security numbers, and employer information for both you and your spouse, the names and birth dates of your children, and the name of the medical insurance provider for you and your children. Do you know the name and policy number of the children’s medical provider? Do you know the children’s social security numbers?
Prepare a goals list. Outline what you want at the conclusion of the divorce proceeding. It may be impossible to know your exact expectations prior to consulting at attorney. Hence, this list may not be all-inclusive. However, it is important to convey to the attorney your current expectations regarding custody, parenting time, and the division of the marital assets. Are you seeking custody of the minor children? Do you want to keep the marital home?
Discuss a budget with your attorney. Every divorce is unique. However, a candid conversation with the attorney about fees and costs is necessary Your interview should include a discussion about the attorney’s hourly fee, their retainer fee, and any costs related to your case. To avoid disappointment, go into the relationship with a full understanding of your financial responsibilities. What is the attorney’s retainer fee? Will you be responsible to pay for travel costs, copies and postage?

Preparing

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