Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

616-608-4634

Process

The Divorce Process

By

THE VERIFIED COMPLAINT FOR DIVORCE

To start a divorce proceeding, you must file a Verified Complaint for Divorce and Summons in the county where you reside. In a Verified Complaint for Divorce the party filing the divorce (Plaintiff) will be required to state the following:

  • That they have resided in Michigan for 180 days or more
  • That they have resided in the county they are filing the divorce action in for 10 days or more
  • The date, city, and state where the marriage was performed
  • Name and birth dates of children
  • Date of separation (if no longer living together)
  • Identify any other county or state that has jurisdiction over the children
  • Identify any other county of state that the party has another child custody proceeding in
  • Identify any person not a party to the divorce who has physical custody of the children or claims legal or physical custody or parenting time rights with the children
  • List any information that could affect a child custody proceeding, including a proceeding for enforcement, a domestic violence proceeding, a protective order, termination of parental rights, or adoption in any state
  • A claim for spousal support (if you are requesting spousal support from your spouse)
  • A claim for attorney’s fees (if you are requesting your spouse pay for your attorney’s fees)
  • And 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”

The Verified Complaint for Divorce will be signed by the Plaintiff, in front of a notary public. 

FILING THE DOCUMENTS WITH THE CLERK OF COURT

Divorce Process

Once the Plaintiff has reviewed and signed the Verified Complaint for Divorce, the Verified Complaint for Divorce and Summons is filed with the clerk of the court, and the Summons is issued. At the time of filing, there will be a filing fee paid to the clerk of the court. This filing fee varies (a divorce with no minor children is less to file than a divorce with minor children).

THE SUMMONS

The Summons is a document that is filed with the Verified Complaint for Divorce and served on the Defendant (responding party to the divorce). The Summons notifies the Defendant that an action has commenced against them and sets forth the time limits within which the Defendant must file an answer. 

The Summons also identifies the date the Summons was issued and the expiration date of the Summons. If the Summons is not served on the Defendant before the expiration date, the Summons is no longer valid.

SERVICE OF THE DIVORCE DOCUMENTS

After the Verified Complaint for Divorce has been filed with the clerk of the court, and the Summons has been issued, both documents must be served on the Defendant. Service can be in person (voluntary or by a process server) or by mail. 

TIME LIMITS FOR DEFENDANT TO FILE AN ANSWER

After the Defendant is served with the Summons and Verified Complaint for Divorce they will have:

  • 21 days to file a written answer with the court – if served personally
  • 28 days to file a written answer with the court – if they were served by mail or served outside of the state

AFFIDAVIT OF SERVICE

After the Defendant has been served, the Plaintiff must prove to the court that the Defendant has been served with the Verified Complaint for Divorce and Summons.

The Plaintiff “proves” to the court service has been completed by filing an Affidavit or Service with the clerk of court. The Affidavit of Service shows the court the name of the person who served the Defendant, as well as the date, time, and location of service of the Defendant. 

If the Defendant accepted service voluntarily, an Acknowledgment of Service must be completed and filed with the court. 

DEFAULT

After the Verified Complaint for Divorce and Summons are served on the Defendant, they must file an answer with the clerk of the court within specific time limits (see “Time Limits for Defendant to File an Answer”). If the Defendant fails to file an answer within the time allowed, a default will be entered against them. After the default has been entered by the court, the Plaintiff can proceed with the divorce case, and request the court for a default judgment to be entered (after the required statutory wait period).

WAITING PERIOD

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.

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

If you need to know more about a Michigan divorce, including how to file for a divorce, contact an experienced attorney, Laurie Schmitt at Schmitt Law, PLLC. Schedule your consultation today with a dedicated attorney. We look forward to speaking to you and being your advocate during this crucial time in reframing your life. Contact Schmitt Law, PLLC online or call (616) 608-4634 to arrange a consultation.

Your Choices For Divorce Resolution – The Checklist

By

There are many ways you can complete your divorce. Each divorce resolution option has it’s good and bad. With that said, each divorce resolution process may not be the best choice in all divorce cases. Selecting your divorce resolution process to complete your divorce can affect your emotions, your pocketbook, and the outcome. Select wisely!

The following is a chart outlining each divorce resolution process and their advantages and disadvantages:

EXPERIENCED DIVORCE ATTORNEY

If you want to learn more about what divorce resolution process may be right for you and your family, schedule your consultation today with Laurie Schmitt of Schmitt Law, PLLC.

We look forward to speaking to you and being your advocate during this crucial time in re-framing your life. Contact Schmitt Law, PLLC online or call (616) 608-4634 to arrange a consultation.

What Happens at a Divorce Trial

By

There are several ways your divorce can be finalized. Your divorce case can be finalized through negotiations, mediation, arbitration, or trial. If an alternate dispute resolution fails, and your case is set for trial, what can you expect to take place at the trial? The quick answer is at trial your attorney will present the issues, and the opposing attorney will do the same.

The following is an outline of what a day at trial resembles:

FIRST

Divorce Trial

OPENING STATEMENTS:  Opening statements are an opportunity for both sides to make an opening statement to the judge, briefly presenting their issues and the facts they intend to present. An opening statement is an outline presented by the attorneys, giving an overview of what they intend to show the judge at trial.

SECOND

WITNESSES:  Now that opening statements have concluded, witnesses will now take the stand to testify. In a divorce trial, the plaintiff (the person who filed the divorce) will present their witnesses, evidence, and exhibits first.  Once they have completed presenting their case, the defendant will call their witnesses and present their evidence and exhibits.

THIRD

CLOSING ARGUMENTS:  Once both parties have presented all of their evidence, exhibits, and witnesses, it is time for closing arguments. Similar to opening statements, closing arguments are where each attorney will provide statements to the judge that explains the facts that were presented at trial, apply the facts presented to the Michigan law, and argue to the judge for a particular outcome.

LASTLY

WRITTEN ORDER:  After the trial has ended, the judge will review and take into consideration all of the testimony, exhibits, and evidence presented, apply the Michigan case law, and issue a written order. This written order is the judge’s ruling on the issues. After the written order, the plaintiff’s attorney will prepare the judgment of divorce. This judgment of divorce must comport with the findings of the judge’s written order.  Once the judgment of divorce is submitted to the court, the judge will sign the judgment of divorce and the parties are officially divorced.

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

Are you in the Kent, Ottawa, or the Allegan area and have questions about divorce and trial? Laurie Schmitt of Schmitt Law, PLLC has experience bringing divorces to trial and can help you bring your issues to court and obtain an outcome you are satisfied with. Call our Grand Rapids office at 616-608-4634 or contact us through our online form to schedule your consultation.

Collaborative Divorce Process

By

We can agree that divorce is a difficult process for a married couple to go through. In the collaborative divorce process, the focus is on cooperation, not litigation.

In the collaborative divorce process, the parties resolve their issues in a respectful manner, using a team approach.  The team assists the parties in crafting solutions in the best interest of each party, without involving the judge to make their final decisions.

A few of the differences between the collaborative divorce process and a litigated divorce are:

Collaborative Divorce Process
  • The parties agree to the collaborative divorce process and agree to resolve their differences without court intervention.
  • The emphasis is on fashioning 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 their issues, while  maintaining control of the final outcome.
learn more about laurie

In the collaborative divorce process, the parties, their 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 the parties to commit to work together, and agree to forgo litigation.  When the parties share the mindset that they want to control the end result of their divorce, and want to make decisions in the best interest of their children, the collaborative divorce process is a great solution to protracted and expensive litigation.

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 to schedule a consultation to discuss the collaborative divorce process and how it can benefit you.