Strategy

What is a Pre-Filing Strategy Meeting?

August 5, 2022 By Laurie Schmitt

After the consultation, many clients contact Schmitt Law, PLLC for a pre-filing strategy meeting. What is a pre-filing strategy meeting and how can it help you?

WHAT IS A PRE-FILING STRATEGY MEETING?

A pre-filing strategy meeting is more in depth than an initial consultation. Consultations are broader in nature, whereas pre-filing strategy meetings focus on specifics…what you should do to prepare for your divorce filing.

WHAT DO WE TALK ABOUT IN A PRE-FILING STRATEGY MEETING?

These conversations are designed to meet the individual needs of each client. We may discuss financial issues, how to protect your assets, and other topics of concern to the client.

Most of all, we talk about what matters most to you – what your greatest concerns are.

HOW CAN A PRE-FILING STRATEGY MEETING HELP YOU?

In a pre-filing strategy meeting, we will outline what you should be doing before the divorce filing, and how you can avoid pre-filing mistakes that may harm you later in your divorce. It’s better to start your divorce on the correct foot, than to pay the price in front of judge for making a bad decision before filing.

CAN I/SHOULD I?

Clients have many questions about what they can or should do before filing for a divorce. Many of these questions require more information than can be covered in an initial consultation. That is why a pre-filing strategy meeting is valuable.

The following are examples of questions presented to Schmitt Law, PLLC in a pre-filing strategy meeting.

Before filing the divorce …. “CAN I/SHOULD I”:

Buy a new car?
Withdraw money from retirement accounts?
Change beneficiaries on life insurance policy?
Remove your spouse from your health insurance policy?
Sell real property and retain the proceeds?
Sell personal property and retain the proceeds?
Give personal property to friends and family?
Continue using credits cards?
Open new credit cards?
Change employers, reduce, or increase my hours, or quit?
Pay off debts that are solely in your name?
Take out loans?
Refinance the marital home?
Take out a home equity loan?
Do major renovations in the marital home?
Clean out the house and garage – downsize the junk?
Have a garage sale?
Donate household items?
Make changes to my tax withholding’s or retirement deductions?
Purchase a new house?
Move into an apartment?
Move and take the children?

If you find yourself prepared to move forward with your divorce, and have concerns as listed above, a pre-filing strategy meeting may be valuable to you.

EXPERIENCED DIVORCE ATTORNEY

At Schmitt Law, PLLC, we are here for you each step of the way in your divorce. From planning your first steps, to approaching your separation, to helping you understand your rights, to signing the final documents. We can help you navigate the separation and divorce process. 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.

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.