Successfully managing divorce
Divorce proceeding are emotionally and financially draining. In the midst of such a difficult transition, it can be challenging to make objective and rational decisions. On top of that, prolonging the divorce process can emotionally traumatize your children.
So how do you avoid jeopardizing your desires while still making the process efficient and as stress free as possible? How do you ensure fair treatment for yourself and at the same time protect your children? How do you dodge petty fights over every last cent and still ensure a fair portion of the finances and property?
By having an experienced lawyer by your side every step of the way.
Leave the legal burdens to us and focus on the future
Hertz Schram fully comprehends the tumultuous nature of the divorce process and all the unexpected challenges that ensue. Allow us to handle the legal complexities so that you can avoid future headaches. This is the last thing you need to focus on during such an emotionally painful time for you and your family. And mishandling these legal matters could lead to even more suffering down the road.
If you and your former spouse decide to come to an amiable agreement, we have the negotiation skills to offer guidance through the process of mediation. However, if it becomes impossible to make an agreement, we are also well versed in court and shall help you prove your case.
Counseling you to make informed decisions is our primary goal. We work to educate you on how custody disputes and different approaches to a divorce will affect you and your family long term, which allows you to not only consider your present situation, but also your future.
Hertz Schram has proficient experience in every area related to family law and divorce in Michigan including:
- Arrangements for child custody
- Litigation and divorce settlements
- Child support
- Alimony or Spousal Support
- Retirement assets, pensions, and property division
We can also help you seek out modifications to the orders for support or custody if you or your former spouse’s situation changes post divorce.
Assisting you at home and inside the Courtroom
Having minor children makes the divorce process that much more difficult. It is challenging to prepare them for this change of lifestyle, especially if you are still living with your spouse.
Our team is experienced with these concerns and sensitive to the emotional challenges ahead. We work will other professionals such as therapists and psychologists to make the transition more smooth for you and your children. We will even help you prepare for difficult conversations with your children by creating talking points and helping you devise a plan for new living arrangements.
We remain focused on the best interests of your children
The courts in Michigan consider a variety of factors before determining which parent is given primary physical custody and how custody of the children will be legally divided. Hertz Schram will educate you on the factors that the courts consider regarding arrangements for custody, including:
- Emotional ability and financial means for a parent to raise a child
- The emotional bond a parent has with their child
- Proposed living accomodations along with school and home environments
- The mental and physical health of both the parent and the child
- Preference of the child depending on their age
- Both parents ability to amicably work together to raise the children
We are dedicated to providing you with responsive representation as we know that when children are involved, the stakes are always high.
Our attorneys are committed to your future
When you work with Hertz Schram, you will have peace of mind knowing that the future of your family could not be placed in better hands. We are committed to giving you the honest, fair advice you deserve to address every concern you may have. We work tirelessly to esure the best interests of you, your children and your family every step of the way. Call our office today to set up a consultation with us (248) 609-3146
Since the pandemic, the divorce system is forever changed. Court access has become more restrictive, hearings are being done over zoom; and instead of completing the process in under a six month period, it is sometimes taking more than a year. Collaborative divorce, where couples reach a settlement outside the courtroom, is the most efficient and time saving method.
How Collaborative Divorce Works
The estranged couple and each of their lawyers work together work together to resolve all issues in a series of meetings. It does not matter how complex the case is. If needed to reach an equitable agreement, other experts such as accountants, appraisers and Certified Divorce Financial Planners may assist within the meetings. Collaborative law is beneficial for everyone, whether their means are finite or extraordinary. To ensure a comprehensive settlement, every financial asset will be discovered and exposed.
Because the couple makes an agreement to settle their divorce outside of the courtroom, the process is allowed to move at its own pace instead of being directed by the court. If issues arise and one or both parties are no longer inclined to proceed, they can cease the collaborative process and take their divorce to court. However, the couple would be required to hire new lawyers to represent them.
Benefits to the Collaborative System
- Lengthy waits for court dates can be avoided as the collaborative process moves at it’s own pace, a time which is mutually agreed upon by both parties
- It is a less expensive process
- The outcome of the resolution is within the couples control which often means that the marriage ends on good terms.
- The couple builds skills for successful co-parenting by providing space for an open dialog
If the collaborative divorce process is of interest to you, please contact our office at (248) 609-3146
Couples with bountiful marital assets often feel troubled by thought of what will result in a pending divorce. If you do not have an experienced attorney at your side, there is a chance that you will face a significant financial loss.
Hertz Schram has assisted clients in accomplishing a favorable distribution of assets for over 20 years. Our devotion to the case along with our proficient understanding of divorce representation assures our clients that they are in good hands.
Clients that work tirelessly to build their retirement funds over the course of their career fear losing them in a divorce. Fortunately, there are several options to divide retirement assets:
- Immediate offset, where one party gives their former spouse assets that are equal in value to the retirement account
- Deferred division, where one party collects interest through a qualified domestic relations order (QDRO) on the account
If the thought of dividing your retirement accounts concerns you, please contact our office at (248) 609-3146 so that we may assist you and educate you on your options so that you can rest easy, knowing what to expect, during your divorce.
Protecting Business Interests
If you or your former spouse owns a business or significant shares, you undoubtedly face concerns when it comes to asset division. It is not always easy to assess, value or devide business interests. Fortunately, Hertz Schram has over 20 years of experience in handling divorces that involve complicated business assets. We will work to preserve as many of your assets as possible by assisting you in determining an equitable arrangement.
When one party in a married couple owns a business, both owner and spouse may have rights to it. There are options for how the business is divided that allow both parties to be equitably compensated for their contribution. Hertz Schram is here to educate you on your rights whether you are the owner of the business or the spouse of the owner. We hope to give you a better understanding of what the outcome of the business will be.
Inheritances in a Divorce
Dividing inheritances is not as straightforward of a process as dividing other assets in a divorce. Typically if an inheritance is in one party’s name, it is considered a separate property in the state of Michigan.
There are exceptions, however. If an inheritance given to one party is combined with other marital assets (like a joint account) or was used to obtain or improve different marital assets, the courts may deviate from the standard law in their determination of whether the inheritance is considered marital property or not.
You do not have to face this daunting process alone. Allow us to offer our guidance to you during this stressful time. Call our office at (248) 609-3146 to schedule a consultation.
Alimony and Spousal Support
Although a common issue in divorce, there is no formula to guide a determination on spousal support. Determinations are often influenced by personal biases or convictions of a judge. Custody determinations are based on 14 different factors.
Types of spousal support
In Michigan, there are three different types of spousal support:
- Long term or Permanent. This is typically reserved for long term marriages where one spouse is unable to work or there is a considerable disparity in income.
- Short term payments which provide the partner with less income time to perfect their job skills and earn more income.
- Alimony in Gross which are fixed payment periods or a lump-sum. This is considered a type of property division.
Spousal Support Modifications
Unless both parties agree to make it non-modifiable, spousal support can be modified when circumstantial changes occur. It is common for a judge to consider requests to modify spousal support.
If spousal support is involved in your divorce, you can be confident that Hertz Schram can succesfully handle your case. We have over 20 years of experience of practice with cases in which spousal support and modification are involved. Contact our office at (248) 609-3146
Stepparent and Second Family Adoption
People’s lives are ever changing. New relationships form after parents separate and stepfamilies are created. If you are marrying into a family where you will have stepchildren, adoption can bind your family closer together.
Hertz Schram can assist your family with every detail about second family adoption:
- Obtaining the consent of the legal guardian or biological parent
- Proof that the biological parent has abandoned their child
- Resolving issues and negotiating with a parent who declines consent
- Terminating parental rights
- Filing and preparing adoption requests
- Assisting in cases which involve the Indian Child Welfare Act
- Accompanying and preparing you for all necessary appearances in court
- Legally changing names
We can also assist with:
- Situations involving specific or unusual child custody
- The rights and obligations of Stepparents
- The rights of extended family and Grandparents
- All other parenting rights and child custody issues
Call our office to schedule an initial consultation (248) 609-3146