Terms

Can My Spouse and I Attend The Initial Consultation Together If We Agree On All The Terms of Our Divorce?

January 3, 2023 By Laurie Schmitt

THE SHORT ANSWER: NO

Even if you and your spouse agree on the terms of your Judgment of Divorce prior to filing for your divorce, you still may not attend a consultation together with Schmitt Law, PLLC.

TO ELABORATE…

The reason why Schmitt Law, PLLC will not meet with both parties at the initial consultation is that ethics prohibit an attorney from representing both parties in a divorce. If both parties meet with Schmitt Law, PLLC, both parties may naturally believe their interests are being represented by Schmitt Law, PLLC. And, in the State of Michigan that simply cannot be the case. The rule is that an attorney can serve only one master.

BUT WE REALLY HAVE AN AGREEMENT AND DON’T WANT TO START A FIGHT

It may be true that you and your spouse have worked out all of the details of your divorce agreement. However, it is not unheard of for one or both spouses to change their minds after filing the divorce. And, if your case takes a turn, and litigation is required, who does the attorney who provided you and your spouse the initial consultation really represent?

Before you sign your Judgment of Divorce, you may want to ask questions of an attorney privately. But you are concerned that your spouse will think you want to “fight” in court. However, seeking a consultation separate and apart from your spouse should not translate into litigation.

And, if your agreement is durable, it’s not likely your spouse will believe that because you wish to consult with an attorney, the deal is off, or believe you are seeking to enter into a litigated divorce.

WHAT ARE OUR OPTIONS?

If you and your spouse know that you will be able to maintain civility through the divorce process, then we may take a “team approach” to your divorce as follows:

You would have an initial consultation with Schmitt Law, PLLC
Once you retain Schmitt Law, PLLC as your counsel, then we may begin working as a team to file and complete your divorce.
You and your spouse would decide when to file the divorce
You and your spouse would provide the details of your agreement to Schmitt Law, PLLC
Schmitt Law, PLLC would prepare the Judgment of Divorce to comport with your agreement
You and your spouse would review the Judgment of Divorce, and provide Schmitt Law, PLLC with any changes you require
Once we have finalized the Judgment of Divorce, you and your spouse would sign it
Once the Judgment of Divorce has been signed, Schmitt Law, PLLC would schedule the final hearing
Once the Judgment of Divorce has been signed, Schmitt Law, PLLC would schedule the final hearing

Note that the “team approach” may only take place if your spouse does not retain an attorney of their own. If your spouse retains an attorney, we would be unable to work as a team, and communication would take place between Schmitt Law, PLLC and your spouse’s attorney.

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

At Schmitt Law, PLLC we encourage clients to take a more collaborative approach to divorce that promotes positive communication and cooperation. Through mediation or the collaborative divorce process, Laurie guides her clients through amicable divorce settlements so they can move forward with their life. Contact Laurie at (616) 608-4634 to schedule a consultation to discuss the collaborative divorce process and how it can benefit you.

Violating The Terms of Your Custody Order

August 12, 2022 By Laurie Schmitt

IT’S NOT VOLUNTARY TO FOLLOW THE TERMS OF A CUSTODY ORDER

No parent has the right to violate the term of their custody order. If you believe the terms of your custody order is no longer in the best interest of your child, then take action and ask the court to change the custody order. Ask the judge for relief before you make a unilateral decision to violate the terms of your custody order. It’s much easier to ask permission from the court then to beg for forgiveness of the court.

Just remember, judges do not look favorably at parents who take matters into their own hands and take actions that are contrary to their court orders. So, before you make decisions that conflict with the terms of your custody order, consider the consequences.

WHAT IS CONSIDERED A VIOLATION OF A CUSTODY ORDER?

Refusing to exchange the child on time.
Refusing the other parent their court awarded parenting time.
Refusing to return the child after your parenting time has ended.
Refusing to follow the rules of joint legal custody. If you share joint legal custody you must consult with the other parent and attempt to agree before major decisions are made affecting the minor child’s education, enrichment activities, camp, travel, and medical problems.
Taking action to prohibit the other parent from accessing school, psychological, dental, and medical records.
Any other action that contradicts specific terms of your custody order.

WHAT CAN HAPPEN TO ME IF I VIOLATE A CUSTODY ORDER

If you violate your custody order and are found in contempt of court, you would be subject to sanctions such as:

Being ordered to pay a fine to the court
Being ordered to give the other parent makeup parenting time
Jail

It the worst violations, or repeated violations, the court could consider a change in custody and/or parenting time.

WHAT IF THERE IS AN EMERGENCY THAT REQUIRES ME TO VIOLATE THE TERMS OF MY CUSTODY ORDER?

The court has a process to address true emergencies. They are called ex parte motions.

If an emergency has arisen, and you believe an immediate change in parenting time is required, then file an ex parte motion and request the judge for the specific relief that will temporarily protect the children. Filing an ex parte motion can be achieved quickly, so there is no need to violate your custody order. Once again, ask the court for relief before you violate the terms of your custody order, not after.

CUSTODY ATTORNEY

At Schmitt Law, PLLC, we help parents work together to create a parenting plan that is in the best interests of your children. Through mediation, collaboration, or litigation, if necessary, our knowledgeable Michigan family law attorney will be your advocate and help you through this difficult time. To schedule a consultation or learn more about our services, contact us online or call (616) 608-4634.

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.

What is a Mutual Restraining Order in a Divorce?

June 27, 2022 By Laurie Schmitt

If you intend to file for a divorce, and have any type of assets, it is wise to discuss with your attorney how you will protect those assets while the divorce is ongoing.

WHAT IS A MUTUAL RESTRAINING ORDER?

A mutual restraining order is a document prohibiting parties from disposing or hiding the parties’ assets. By having the court sign a mutual restraining order, it alleviates the concerns that either party may do so legally. In order to protect client’s interests, Schmitt Law, PLLC will seek a mutual restraining order from the court at the onset of the divorce.

WHAT DOES A MUTUAL RESTRAINING ORDER PROTECT?

A mutual restraining order will protect anything you require it to protect, and can be drafted to meet the specific needs of the parties. The following are common examples of what a mutual restraining order may protect while the divorce is pending:

Assets and Liabilities: Neither party may conceal, sell, assign, destroy, transfer, mortgage, or otherwise dispose of or encumber any of either party’s assets (real or personal, tangible or intangible).

Insurance and Beneficiary Designations: Neither party may cancel, borrow against or invade the cash surrender value, encumber, change the beneficiary designation, prepay insurance premiums outside of the ordinary course, or take any action which would change the status of any policy or plan of life, accident, disability, homeowners, vehicle, or liability insurance or any other insurance policy or plan of any kind or description involving the parties.

Health Insurance: Neither party may cancel, or otherwise change the status of any policy or plan of health insurance, or change coverage or deductibles, covering either party.

Pensions/Retirements: Neither party shall redeem, withdraw funds, encumber, borrow against, change the beneficiary or in any way alter the present status or contributions regarding any pension, retirement, profit sharing, bonus, savings or stock purchase plan or deferred compensation program, of either party.

Credit Card and Equity/Credit Lines: Neither party may cancel credit cards or reduce or increase credit card limits, or obtain new credit cards, or reduce or increase an equity line or line of credit or incur additional debt during this proceeding, except use of credit cards in the ordinary course.

Mail: Neither party may destroy, hide, or divert U.S. Mail or electronic mail directed to either party.

Contracts: Neither party may sign any contract for the purchase of any real or personal property, purchase any annuity or other investment, or incur any debt outside the ordinary course of routine and usual practice of the parties; sign or endorse the other party’s name on any check or draft, tax refund or tax return.

WHAT TRANSACTIONS WOULD BE PERMITTED WHILE THE MUTUAL RESTRAINING ORDER IS IN EFFECT?

If a mutual restraining order is entered by the court, it does not preclude payment of bills, nor deposits and withdrawals in checking and savings accounts necessary for the welfare of the household, or other payments to preserve the financial status quo and the property of the parties.

WOULD THE HOUSEHOLD BILLS BE PAID WHILE THE MUTUAL RESTRAINING ORDER IS IN EFFECT?

Both parties would be required to make reasonable and necessary payments to all marital creditors and continue payment of household expenses and utilities and marital liabilities.

WHAT IF WE OWN A BUSINESS?

A mutual restraining order does not preclude either party from operating a business in which they have an interest, or engaging in routine, customary and necessary transactions, practices, and payments associated with the business.

WHAT HAPPENS IF EITHER PARTY VIOLATES THE MUTUAL RESTRAINING ORDER?

The party that violates a mutual restraining order would be held in contempt of court and be subject to imposition of costs, fines, and sanctions; an award of attorney fees; and other remedies allowed by law.

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

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.

What Does “Uncontested Divorce” Mean?

May 16, 2022 By Laurie Schmitt

You and your spouse have agreed to file for a divorce. You both agree that you do not want to have a war in the court – that you want to end the marriage in peace. You both may have heard the term “uncontested divorce” but are unsure what that means, or if it is right for you.

So, what is an “uncontested divorce”?

An uncontested divorce is one in which the parties have resolved all of the issues, and there is no need for court intervention. This means that you and your spouse have agreed to all terms that will be contained in your Judgment of Divorce.

What terms do we need to agree to?

Parties must agree on how to divide all of the assets, debts, and retirement accounts. They must agree as to who will retain the house, and how much the other spouse will receive for their share of the equity. If the parties agree that the house is to be sold, they must agree on a realtor, sale date, list price, and how the proceeds from the sale of the home will be divided. Parties must also agree as to division of their personal property, to include all motorized vehicles, boats, campers, and pets. Parties must also have an agreement as to spousal support – will it be paid, amount, and duration. If there are children of the marriage, the parties must agree on custody, parenting time, holiday parenting time, child support, where the children will attend school, and any other issues specific to their children.

Is an uncontested divorce a bad idea for some people?

An “uncontested divorce” would not be an appropriate process for parties who believe their spouse is hiding assets or income, for parties who are unwilling to voluntarily disclose assets or income, or for parties who cannot agree on how to resolve all of the issues in their case. An uncontested divorce would be a poor choice for these cases.

Contact an Experienced Divorce Attorney in Grand Rapids, MI

An uncontested divorce can save you and your spouse a significant amount of time, money, and stress. If you would like to learn more about the uncontested divorce process, and whether an uncontested divorce is right for you, contact Schmitt Law, PLLC. I will meet with you to discuss how you can complete your divorce without the “war”. Please contact Laurie at Schmitt Law, PLLC online or by calling (616) 608-4634 for a consultation today.

What Is a Legal Services Retainer Agreement?

May 11, 2022 By Laurie Schmitt

When you hire an attorney, you need to clearly understand what services you will be contracting for, and what your responsibilities will be in the relationship. A legal services retainer agreement does just that, it defines the roles and responsibilities of each party.

More specifically, a legal services retainer agreement is an agreement between an attorney and a client in which the attorney agrees to represent the client in a specific matter, for a specific hourly or flat rate amount. A legal services retainer agreement outlines the formal legal framework to which clients and attorneys are bound, and often involves principles, professional rules, and obligations.

At Schmitt Law, PLLC, our legal services retainer agreement defines the following:

Identification of the parties.
The specific legal service to be provided.
What legal services may be excluded?
The client’s rights and responsibilities.
The attorney’s duties.
That the attorney cannot be asked to engage in illegal, unethical, or fraudulent conduct.
The hourly rate the attorney will be compensated for services rendered.
The initial deposit amount required from the client (referred to as “retainer”).
The billing cycle and when payment of fees due from the client.
The minimum billable time.
What tasks that the attorney performs that will be charged to the client?
What costs the client will be responsible to pay?
If travel time will be charged to the client.
That the attorney does not make representations to the client about the specific outcome of their case.
How long will the attorney retain my file after the case is closed?
What happens if the client wants a copy of their file after the case is closed?
What is required if the client or attorney wants to terminate representation?

The benefits of having a clear and concise legal services retainer agreement are that it provides security and confidence to both parties. Having a detailed legal services retainer agreement takes the guesswork out of the parties’ expectations and obligations and protects the parties financially and legally.

CONTACT AN EXPERIENCED DIVORCE ATTORNEY IN GRAND RAPIDS, MI

If you would like to learn more about divorce actions, contact Schmitt Law, PLLC. We 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 online or by calling (616) 608-4634 for a consultation today.

What Is a Judgment Of Divorce

April 6, 2022 By Laurie Schmitt

A Judgment of Divorce is the legal document that finalizes the divorce process. It is the written court order that formally dissolves the marriage.

WHAT DOES A JUDGMENT OF DIVORCE CONTAIN?

The Judgment of Divorce contains the terms of the judge’s ruling after trial on all aspects of the divorce, or the specific terms of the of the parties’ agreement. A Judgment of Divorce contains pertinent information as follows:

Divorces with minor children:

Custody
Parenting time
Holiday parenting time
Telephone contact
Extracurricular activities
Any miscellaneous provisions specific to the parties
Child support
Health insurance
Residency (100 mile) Rule
Change of Domicile Rule
Hague Convention
Income Tax Exemptions

All divorces (with or without minor children)

Vehicles
Personal property
Bank accounts
Retirement accounts
Real property
Debts
Restoration of maiden name
Other statutory provisions

WHAT IF THE TERMS OF THE JUDGMENT OF DIVORCE ARE NOT FOLLOWED?

A Judgment of Divorce is a court order and therefore both parties are bound to its terms and required to follow its provisions. Failure to follow the Judgment of Divorce may lead to court-imposed sanctions.

WHAT IF THE JUDGMENT OF DIVORCE NEEDS TO BE MODIFIED?

A modification can be achieved two ways.

The parties come to an agreement, that agreement is reduced to writing through a stipulated order, and presented to the judge for signature.
One of the parties files a motion, a hearing is set, and the judge makes a ruling on the matter. There are times when the issue requires an additional hearing called an evidentiary hearing. If the judge believes an evidentiary hearing is required, a date will be set by the court wherein testimony will be taken, and the judge will rule on the matter.

Experienced Divorce Attorney

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. We look forward to speaking with you and being your advocate during this crucial time in reframing your life. Call Schmitt Law, PLLC at (616) 608-4634 or contact us online to arrange a consultation.

What Is a Domestic Relations Verified Financial Information Form In a Divorce?

April 1, 2022 By Laurie Schmitt

In the State of Michigan, after you have filed a complaint for divorce, both parties are required to exchange financial affidavits (known formally as the “Domestic Relations Verified Financial Information Form”). The Domestic Relations Verified Financial Information Form must be exchanged within 28 days after the date of service of Defendant’s initial responsive pleadings to the complaint for divorce.

What Information Is Required To Be Disclosed In The Domestic Relations Verified Financial Information Form?

The Domestic Relations Verified Financial Information Form requires you to disclose the following information:

Personal Information: Must provide name, address, phone number, date of birth, social security number, and driver’s license number.
Employment Information: Must provide employer’s name, address, gross income, and hourly rate of pay. If self-employed, they must list all draws made during the last 12 months.
Employment Benefits: Must provide health, vision, dental, life, and retirement benefits, car allowance, expense reimbursement, and any other benefits received by the employer.
Other Income: Must provide income from all other sources such as commissions, bonuses, profit sharing, interest, dividends, annuities, pensions, trust funds, IRA’s, worker’s compensation, social security benefits, VA benefits, disability insurance, GI benefits, rental income, and spousal support.
Real Property: Must provide address, date of purchase, estimated value, SEV, balance of mortgage, monthly payment, name of lender, and information on any equity loan.
Financial Accounts: Must provide type of account, account number, name of institution, name on account, current balance, and balance 90 days before current balance. This information must be provided for each account.
Pension: Must provide all defined benefit plans to include company or employer name, lump sum value, estimated monthly payment, and earliest date eligible to receive pension.
Life Insurance: Must provide insurance company name, policy number, policy owner, beneficiary, account of death benefit, premium amount, cash surrender value, and if employer provided.
Motorized Vehicles: Must provide year, make, model, title holder, lender, estivated value, and amount owed.
Personal Property: Must provide description of property, estimated value, and date purchased or acquired.
Debts: This includes credit cards, personal loans, student financial aid loans, other unsecured loans. Must provide type of debt, name of lender, account number, name on account, and balance owed.
Court Ordered Financial Obligations: This includes child support, spousal support, garnishments, civil judgments, court-ordered fines, fees, and restitution.

What Does “Verified” Mean?

As the title notes, the Domestic Relations Verified Financial Information Form is “verified”, meaning you must sign the form in front of a notary declaring the statements are true. Therefore, it is imperative that the person completing the Domestic Relations Verified Financial Information Form be truthful in their statements, as the statements made can be used against them in any court proceeding.

Going through the Court to solve your divorce.

If you’re going through a divorce and want to understand your options, Schmitt Law, PLLC is standing by to assist. To schedule a consultation or learn more about our services, contact Schmitt Law, PLLC online or call (616) 608-4634.