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What Is The Difference Between Flat Rate And Hourly Rate Fees What You Need To Know

October 21, 2022 By Laurie Schmitt

HOURLY RATE FEES

In family law, the hourly fee method is the most common response you will receive from law firms when discussing payment methods. In most cases it is hard for a family law attorney to determine exactly how complex your case will be and therefore how long it will take to complete. Therefore, it is a risk accepting family law cases on a flat rate basis.

FLAT RATE FEE

A flat rate is simple…one fee for the entire case. Newer firms may have less expensive flat rate fees. But the newer firms have less experience. Older firms will have more experience. But their fees may cost more.

THE PROS AND CONS

In summary, both hourly rate and flat rate fee structures have positive and negative aspects for the client. These differences must be considered carefully before retaining a family law attorney.

AN ATTORNEY WHO UNDERSTANDS YOUR CIRCUMSTANCES. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC, our clients benefit from years of experience. We treat every client as an individual, taking the time to understand your unique situation, so as to best advise you on the steps you should take. Whatever stage your life is at, you can trust Schmitt Law, PLLC to guide you through the legal process with expertise and compassion, because we understand that family comes first. Contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

Confidentiality Versus Privacy

May 23, 2022 By Laurie Schmitt

What is the difference between confidentiality verses privacy in an attorney-client relationship? Of course, both of these concepts are extremely important to all clients, but in different ways.

CONFIDENTIALITY – DEFINED

Confidentiality means all discussions/communications between the attorney and client remain “safe” (confidential).

PRIVACY – DEFINED

Privacy means that through the pendency of your case, we are able to communicate in a way in which the other party is unable to gain access to your communications.

DUTIES OF THE ATTORNEY

To protect the attorney-client confidentiality, the attorney is prohibited from violating the client’s confidentiality by sharing information with others. It requires the attorney keep the information their clients share with them private, and the attorney cannot be forced to testify against their clients.

DUTIES OF THE CLIENT

In order to ensure that the attorney-client confidentiality is protected, the client’s role is to be proactive in safeguarding these confidential communications between themselves and their attorney.

SAFEGUARDS TO PROTECTING ATTORNEY-CLIENT CONFIDENTIALITY EMAIL

You must establish a new email account, with a strong password. Be sure to select a password that you have never used before, to prevent your spouse from gaining access to your email account and reading your communication between your attorney.

CELL PHONE

The same privacy issue applies to your cell phone. You want to establish a new cell phone service separate from your spouse, using a two-factor authentication. This will prevent your spouse from invading your privacy and potentially compromising confidential attorney-client communication.

THIRD PARTY

Do not bring family and friends to meeting with your attorney. Sharing confidential information in meetings with your attorney in the presence of a third party will destroy attorney-client confidentiality. Your disclosure of sensitive information in front of a third party indicates you do not want to keep the information private. Therefore, attorney-client confidentiality would not apply to any conversation you have with your attorney in front of a third party.

DO EVERYTHING YOU CAN

Both privacy and confidentiality are significant issues in any family law case, and must be addressed. As a client, you want to do everything you can do to protect your confidential communications with your attorney. The steps outlined above may seem inconvenient. However, the short-term inconvenience will bring you peace of mind that your spouse is not gaining important strategic information about your case by reading all of your emails and texts to and from your attorney.

It’s simple. If you are involved in a family law case, take these simple steps to protect your privacy, and therefore keeping your attorney-client communications confidential.

LAURIE SCHMITT – MICHIGAN FAMILY LAW ATTORNEY

Laurie Schmitt is the founder of Schmitt Law, PLLC. Our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: divorce, custody, parenting time, child support, spousal support, and paternity disputes. 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 Does A 50/50 Parenting Time Schedule Look Like?

May 5, 2022 By Laurie Schmitt

More and more judges are awarding “50/50” parenting time in divorce and custody cases. So, what does a 50/50 parenting times schedule look like?

There are three major “50/50” parenting time schedules. The following are examples of how the month would be divided between the parties:

1. WEEK ON WEEK OFF

In a week on/week off parenting time schedule, the parties exchange the child(ren) one time per week. This can be on any day the parties agree to. But often the exchange day will be before the weekend starts such as Friday, or after the weekend ends such as Sunday. This schedule stays consistent throughout the year.

2. TWO-TWO-THREE

In a 2/2/3 parenting time schedule, the parties follow a rotation as shown in this calendar:

3. TWO-TWO-FIVE

In a 2/2/5 parenting time schedule, the parties follow a rotation as shown in this calendar:

WHAT IS THE DIFFERENCE BETWEEN THE TWO-TWO-THREE AND THE TWO-TWO-FIVE PARENTING TIME SCHEDULE?

The difference between a 2/2/3 and a 2/2/5 parenting time schedule is that in a 2/2/3 schedule the parties rotate the Monday/Tuesday and Wednesday/Thursday parenting time. In a 2/2/5 schedule one party will always exercise parenting time on Monday and Tuesday, with the other party always exercising parenting time on Wednesday and Thursday. The parties would then rotate Friday, Saturday, and Sunday.

WHAT 50/50 SCHEDULE IS BEST – THE PROS AND CONS?

WEEK ON/WEEK OFF SCHEDULE:

Pros: This schedule works best for older children, as it can be difficult for younger children to go seven days between visits. This schedule provides the best consistency for the children and the parties. Additionally, this schedule also reduces the number of exchanges per month between the parties, making this ideal for high conflict cases.

Cons: Not ideal for very young children, as children go seven days between visits with the other parent.

TWO-TWO-THREE SCHEDULE:

Pros: This schedule works best for younger children, as it reduces the length of time between visits (only go three days between visits with each parent). Younger children require consistent visits with each parent, not necessarily longer visits with each parent.

Cons: Because this schedule requires the parties to continually rotate Monday/Tuesday and Wednesday/Thursday between the parties throughout the month, it can provide less stability for the children and can be confusing for the parties. This schedule also drastically increases the number of exchanges per month that must take place between the parties, making it difficult for high conflict cases.

TWO-TWO-FIVE SCHEDULE:

Pros: This schedule can work just as well as the 2/2/5 for younger children (if five days between visits is not an issue with the parents and children). It provides more consistency for both the children and the parents than the two-two-three schedule, as the same parent will always exercise parenting time on Monday/Tuesday or Wednesday/Thursday throughout the month. It can make long-term planning much easier for the parents.

Cons: This schedule drastically increases the number of exchanges per month that must take place between the parties, making it difficult for high conflict cases.

CONTACT SCHMITT LAW, PPLC FOR LEGAL ADVICE ON CUSTODY

Custody is a sensitive topic in divorce cases. Child custody mediation will put your child first and set you up for a healthy co-parenting relationship. With an experienced attorney and mediator like Laurie Schmitt, you will be able to navigate your new family dynamic with clear understanding and communication. Looking for a professional and experienced family law attorney, contact us online or give us a call at (616) 608-4634. At Schmitt Law, PLLC our commitment is to you!

Contested vs. Uncontested Divorce

December 29, 2021 By Laurie Schmitt

One question I receive often is what is the difference between a contested and uncontested divorce. The following chart diagrams the difference between the two types of divorces:

CONTESTED DIVORCE	UNCONTESTED DIVORCE
A summons and complaint for divorce is filed with the court.	A summons and complaint for divorce is filed with the court.
The opposing party is served with the summons and complaint for divorce	The opposing party is served with the summons and complaint for divorce.
The opposing party may file an answer to the complaint for divorce.	The opposing party may file an answer to the complaint for divorce.
The affidavit of service is filed with the court showing that the opposing party was served with the complaint for divorce.	The affidavit of service is filed with the court showing that the opposing party was served with the complaint for divorce.
The court sets a scheduling conference – This hearing is where the court sets dates for mediation and discovery.	The court sets a scheduling conference – This hearing is where the court sets dates for mediation and discovery.
Discovery is exchanged – discovery is a process in which each party asks the other for documents. These documents include, but are not limited to: deeds, titles, registrations, appraisals, life insurance policies, retirement account information, credit card and other indebtedness, paystubs, tax returns, business documents (if one party owns a business), and any other documents specific to the parties.	The parties work together to craft the terms of their judgment of divorce. These will include provisions for custody, parenting time, division of real and personal property division of assets and debts, and any other provisions specifically related to the parties’ divorce.
Mediation is held – mediation is a process wherein the parties meet with a third-party neutral trained in domestic relations mediation. The mediator assists the parties in reaching an agreement. If the parties are unable to reach an agreement, the case moves forward in the court.	Once the parties reach an agreement, and after the statutory time has lapsed, a final hearing is set and held and the parties are now divorced.
The court sets a settlement conference –A settlement conference is a hearing where the court meets with the attorneys and parties to address the outstanding issues and see if settlement can be reached.
If the parties are unable to reach an agreement at the settlement conference, the case is set for trial.
Trial is held wherein both parties present testimony to the judge. The judge reviews the testimony and makes the final decision on the outstanding matters.
A judgment of divorce is drafted to comport with the judge’s ruling, the judge reviews and signs the judgment of divorce and the parties are now divorced.

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As you can see, a contested divorce is a much lengthier process, and more costly and time consuming. A contested divorce puts all of the control of the outcome of the parties’ divorce into the hands of the judge. An uncontested divorce allows the parties to maintain total control of the outcome. When parties are able to reach an agreement through an uncontested process, they are more satisfied with the results, and rarely need to return to court for post-divorce matters.

For more information about how an uncontested divorce can work for you, contact me, Laurie Schmitt, Attorney at Law, at Schmitt Law, PLLC, by calling 616-608-4634.

Marital Property versus Separate Property

September 23, 2020 By Laurie Schmitt

When is property considered separate property, and therefore not divisible in a divorce?

Courts make the distinction between marital property and separate property. Marital property is simply property acquired during the marriage. However, the Michigan statutes fail to define separate property. Nevertheless, courts typically adopt the rule that separate property is property that is not divisible in a divorce because it was owned prior to marriage or acquired during marriage through a gift or inheritance. If it was owned by a party prior to marriage, it normally will be awarded to that party.

But, there are times when separate property can be divided in a divorce. Michigan case law supports the proposition that property claimed by one spouse to be separate property may be divided if the other spouse meets on of two statutory tests:

Contribution Test: that the claimant contributed to the “acquisition, improvement, or accumulation of the property” MCL 522.401.
Need Test: that the award to the claimant out of marital assets is “insufficient for the suitable support and maintenance” of the claimant and any children in their care. MCL 552.23.

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What happens if you received an inheritance during the marriage? If you receive an inheritance while you are married, and want that inheritance to remain separate property, you must never co-mingle it. What does this mean? It means that once you have co-mingled it with joint property, you cannot separate it. It’s like making a cake. Once the ingredients have been mixed together, you cannot separate them out, as they are indistinguishable. Hence, if you want to protect an inheritance, you need to maintain it as separate funds. Once the funds have been co-mingled, it will likely be considered marital property.

If you find yourself in the midst of a divorce, and have received an inheritance, or owned substantial property prior to your marriage, you need to know how to protect your property during your divorce. As this is a complex subject, you should contact a family law attorney who can provide you with a legal opinion based off your specific facts.

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