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Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

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616-608-4634

  • Home
  • About Laurie Schmitt
    • About Laurie Schmitt Attorney
    • Honors and Awards
  • Divorce
    • Separate Maintenance
    • Spousal Support and Modification
  • Family Law Services
    • Child Custody
    • Paternity
    • Change of Domicile
    • Child Support
    • Post-Judgement Modification
    • Enforcement of Court Orders
    • Limited Scope Services
    • Uncontested Divorces
  • Alternative Divorce Options
    • Mediation
    • Collaborative Divorce
    • Uncontested Divorce Process
  • Blog
  • Contact

What Your Divorce Attorney Cannot Do For You

March 16, 2023 By Laurie Schmitt

If you are about to file for divorce, it’s important you to know what your divorce attorney can’t do for you. The following are things your divorce attorney can’t do for you.

CHANGE THE MICHIGAN LAW

Simply put, your divorce attorney doesn’t have a magic wand to change the law as it relates to your divorce case. You may love what position the Michigan law supports, or not. But your divorce attorney can’t change the law.

SPEED UP YOUR CASE

Your divorce attorney can’t change the mandatory waiting period in your divorce case.  Michigan law establishes waiting periods depending on the individual circumstances.

What Attorneys can't do for you
  • 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.

ACT UNETHICALLY

When your divorce attorney represents you, they must do so within the applicable parameters of Michigan law. This means your divorce attorney can’t be required to engage in conduct that is illegal, unethical, or fraudulent. If your divorce attorney can’t ethically abide by your requests, they must withdraw from representing you.

TAKE ACTION AGAINST THE BEST INTEREST OF YOUR CHILD(REN)

If your divorce involves minor children, your divorce attorney will refuse to engage in conduct that, in their professional judgment and knowledge of the law, would be contrary to the best interests of Client’s minor child(ren). This means your attorney can’t assert any position or engage in any action that they deem contrary to the minor child(ren)’s best interests. 

COMMUNICATE WITH THIRD PARTIES

Your divorce attorney can’t talk to third parties, and must protect information relating to the representation of you from disclosure to third parties. If you wish for your divorce attorney to speak to third parties such as family members, you must provide them with specific consent to do so.

MAKE PROMISES ABOUT THE OUTCOME OF YOUR CASE

Your divorce attorney can’t make any representation to you, nor any assurances as to the favorable or successful resolution of your case. This means your divorce attorney can’t promise you a specific outcome, nor make promises as to the nature or amount of any awards or distributions of property, attorney’s fees, costs, or any other aspect in your divorce. It’s important to note that your divorce attorney can’t promise you particular results as the court has the sole power to decide all issues. 

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

If you are contemplating or in the process of a divorce or separation, contact the Michigan divorce attorney, Schmitt Law, PLLC. Our office understands that family law matters often involve complex relationships and dynamics that can enhance decision-making stress. We provide clients with the security to approach these challenges with confidence. Our dedicated attorney will provide clients with individualized attention and strategic case preparation to address all parts of their cases. We invite you to contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

Filed Under: Collaborative Divorce, Divorce Tagged With: Collaborative Divorce, Divorce Attorney, Family Law, Michigan Law

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Laurie K. Schmitt
Attorney, Mediator, and Collaborative Lawyer

401 Hall Street SW
Suite 112D
Grand Rapids, MI 49503

Phone: 616-608-4634

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Laurie Schmitt of Schmitt Law, PLLC is a West Michigan family law attorney specializing in collaborative divorce as well as separation, divorce, child custody and support, paternity, and other family law litigation. She is licensed by Michigan State Bar and the U.S. District Court for the Western District of Michigan, and has extensive advanced training in divorce mediation and collaborative divorce.

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