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Attorney for Benton Harbor, MI: Preparing for a Consultation

Tue, 03 Mar 2026 02:43:01 GMT

Residents and businesses searching for an attorney for Benton Harbor, MI often feel uncertain before their first consultation. Preparation can significantly improve the value of that meeting and help legal professionals provide accurate guidance from the start. At Armstrong Betker Schaeffer and Neal, PLC, legal services are provided to clients throughout Benton Harbor and Dowagiac, with offices in St. Joseph and Niles. Proper consultation preparation helps clients make informed decisions, reduce stress, and maximize efficiency during their appointment. Call 269-983-5777 or 269-684-6640 today to schedule a consultation and begin the process with trusted legal guidance.

Individuals seeking an attorney for Benton Harbor, MI or an attorney for Dowagiac, MI frequently have questions regarding what information to bring and how to present their situation clearly. Whether the legal matter involves family law, estate planning, business concerns, real estate, or civil disputes, organized preparation allows attorneys to evaluate options more effectively. The following five strategies help clients prepare for a productive consultation.

1. Gather Important Documents and Records

The first step when meeting an attorney for Benton Harbor, MI involves collecting all relevant documents. Attorneys rely heavily on documentation to understand facts, timelines, and potential legal strategies.

Examples of helpful materials include court notices, contracts, property records, insurance correspondence, medical records, financial statements, business agreements, and written communications such as emails or letters. Clients searching for a lawyer for Dowagiac, MI should also bring identification and any paperwork that demonstrates prior legal actions or negotiations.

Organizing documents in chronological order allows the consultation to progress smoothly. When documents are missing, making a list of unavailable records can help the attorney identify what needs to be obtained later. Preparation saves time and ensures the attorney for Benton Harbor, MI can focus on solutions rather than basic information gathering.

2. Create a Clear Timeline of Events

A concise timeline helps attorneys understand how a legal issue developed. When preparing for an attorney for Dowagiac, MI, clients benefit from writing a factual summary of key events, including dates, locations, and individuals involved.

The timeline should focus on objective facts rather than emotional interpretations. For example, in contract disputes, noting when agreements were signed and when issues occurred can be critical. In family law matters, documenting significant milestones or changes in circumstances provides clarity.

Providing this structured overview allows an attorney for Benton Harbor, MI to identify potential legal claims, defenses, and procedural deadlines. It also helps avoid confusion during consultations, particularly when complex matters involve multiple parties or extended histories.

3. Prepare Questions and Consultation Goals

Many individuals leave consultations wishing they had asked more questions. Preparing a written list of concerns ensures the meeting addresses priorities and expectations.

Clients seeking an attorney for Benton Harbor, MI should consider asking about potential outcomes, estimated timelines, communication practices, legal fees, and alternative dispute resolution options. Those meeting a lawyer for Dowagiac, MI may also want clarification regarding court procedures, documentation requirements, and next steps following the consultation.

Clearly defined goals allow the attorney to tailor guidance appropriately. For example, some clients seek immediate representation, while others want general advice before making decisions. Preparation ensures the consultation remains focused and productive.

4. Understand Financial Considerations and Fee Structures

Legal services often involve questions about costs and billing structures. Preparing financially for a consultation helps avoid misunderstandings and supports informed decision making.

When meeting an attorney for Benton Harbor, MI, clients should gather financial records related to the case and be prepared to discuss budget expectations. Questions may include whether the matter involves hourly billing, flat fees, retainers, or contingency arrangements.

Transparency regarding financial concerns allows attorneys to explain available options and develop realistic strategies. Clients working with an attorney for Dowagiac, MI may also benefit from asking about potential court costs, expert witness expenses, and payment scheduling.

Understanding these details early promotes trust and helps clients feel confident moving forward with representation.

5. Be Ready to Discuss Objectives and Desired Outcomes

A consultation is most effective when attorneys understand what clients hope to achieve. Desired outcomes can vary widely depending on the legal issue, ranging from settlement and negotiation to litigation or long term planning.

Individuals seeking an attorney for Benton Harbor, MI should reflect on priorities before the meeting. For example, business owners may prioritize risk reduction, while families may focus on stability and long term planning. Estate planning clients might emphasize asset protection and legacy goals.

Open discussion of expectations enables the attorney to provide realistic guidance and explain available legal pathways. Clients meeting a lawyer for Dowagiac, MI also benefit from discussing any concerns about privacy, timing, or potential conflict resolution methods.

Additional Tips for a Successful Consultation

Beyond the five primary preparation steps, several additional practices can improve the consultation experience.

Arriving early allows time to complete paperwork and settle into the meeting. Bringing a notebook helps clients record important information and recommended next steps. Honesty remains essential, as attorneys rely on accurate details to provide sound legal advice.

Preparation combined with transparency allows the attorney for Benton Harbor, MI to deliver meaningful guidance and identify strategies tailored to each client’s circumstances.

Why Local Legal Guidance Matters

Working with a local attorney for Benton Harbor, MI offers advantages that extend beyond convenience. Local attorneys understand regional court procedures, community dynamics, and legal considerations that may influence case strategy.

Similarly, clients seeking an attorney for Dowagiac, MI benefit from legal professionals familiar with the local environment and judicial expectations. This insight supports efficient case management and more personalized legal service.

Law firms serving both communities provide continuity and accessibility, ensuring clients receive consistent representation regardless of where their legal matters arise.

Schedule a Consultation With a Trusted Local Attorney

Preparing for a consultation with an attorney for Benton Harbor, MI can significantly improve the quality and effectiveness of legal guidance. Gathering documents, organizing a timeline, preparing questions, understanding financial considerations, and clarifying goals all contribute to a productive first meeting. Clients in Benton Harbor and Dowagiac who take these steps often experience greater clarity, reduced stress, and stronger collaboration with their legal counsel.

For those ready to move forward, professional legal support is available to help evaluate options and develop practical solutions. To learn more or schedule a consultation, call 269-983-5777 or 269-684-6640 , or visit our contact page to connect with a trusted legal team serving the region.

5 Child Custody Myths Answered by Family Law in Joseph, MI

Thu, 20 Nov 2025 20:55:57 GMT

Navigating child custody issues can be one of the most emotionally challenging experiences a parent faces. Unfortunately, myths and misinformation often make the process even more confusing. Whether you’re just beginning to discuss custody arrangements or are already in court, understanding how family law in Joseph, MI truly works can help you make informed decisions that support your child’s best interests.

Below, the legal team at Armstrong Betker Schaeffer and Neal, PLC breaks down five of the most common custody myths and reveals what Michigan law really says. With guidance from an experienced family law attorney in Joseph, MI, you can move forward with confidence and clarity.

Mothers Always Get Custody

One of the most common misconceptions is that mothers automatically win custody. In reality, Michigan courts no longer assume that one parent is more suitable based on gender. Instead, family law in Joseph, MI requires judges to evaluate what serves the child’s best interests using a set of specific criteria.

When determining custody, courts in Michigan rely on several key factors under the “best interests of the child” standard, including:

The emotional, social, and physical needs of the child.
The ability of each parent to provide a stable, loving home.
The presence of any history of domestic violence.
Each parent’s willingness to support the child’s relationship with the other parent.

This means both mothers and fathers have an equal opportunity to obtain custody when they can show they offer a stable, supportive environment. A family law attorney in Joseph, MI can help you present strong evidence to demonstrate your commitment to your child’s well-being.

Joint Custody Means Equal Time

Another widespread myth is that “joint custody” automatically means a perfect 50/50 split of parenting time. In fact, joint custody can refer to shared legal custody, physical custody, or both, without guaranteeing equal hours with the child.

Joint legal custody means both parents share decision-making authority about major issues like education and health care.
Joint physical custody means the child lives with both parents at different times, but not necessarily in equal proportions.

Michigan courts often favor joint legal custody to encourage both parents’ involvement. Physical custody arrangements vary depending on what is best for the child’s emotional and practical needs.

Types of custody arrangements under family law in Joseph, MI include:

Joint Legal Custody: Both parents share decision-making authority.
Sole Legal Custody: One parent makes major life decisions for the child.
Joint Physical Custody: The child lives with both parents at different times.
Sole Physical Custody: The child primarily resides with one parent, while the other may have visitation rights.

A skilled family law attorney can help determine which arrangement best supports your child’s emotional and practical needs.

Custody Orders Can’t Be Changed

Many parents believe that once a custody order is in place, it’s permanent. That’s not true. Life changes, and family law allows for custody modifications when there’s a significant change in circumstances that impacts the child’s welfare.

For example, changes in employment, relocation, or shifts in a child’s educational or medical needs may justify revisiting the agreement. The process requires demonstrating that the modification serves the child’s best interests, a standard Michigan courts take seriously.

Working with an experienced family law attorney in Joseph, MI ensures that your petition is well-prepared and that the court has a clear understanding of why a change is necessary.

The Child Always Decides Where to Live

Some parents believe that once their child reaches a certain age, they can choose which parent to live with. While Michigan judges do consider the child’s preference, it’s only one of several factors. The court also evaluates the child’s maturity, emotional well-being, and relationships with each parent.

Ultimately, the judge must decide based on what will best promote the child’s stability, safety, and happiness. Family law in Joseph, MI ensures that these decisions are guided by objectivity, not emotion.

If your child’s wishes should be considered, your attorney can help present their perspective in a respectful and legally appropriate manner.

You Don’t Need a Lawyer for Custody Cases

While parents can technically represent themselves, custody laws are complex, and small mistakes can have lasting consequences. An experienced family law attorney in Joseph, MI offers critical support by:

Explaining Michigan’s custody laws and court procedures.
Gathering documentation and testimony to strengthen your case.
Representing you effectively during negotiations and hearings.
Ensuring all filings meet Michigan’s strict legal requirements.

Having professional family law representation can reduce stress and significantly improve your chances of achieving a fair and favorable outcome.

Protect Your Parental Rights With Trusted Family Law in Joseph, MI

If you’re facing a child custody dispute or need to modify an existing order, the attorneys at Armstrong Betker Schaeffer and Neal, PLC are ready to help. Our compassionate, knowledgeable legal team will advocate for your rights while keeping your child’s best interests at the heart of every decision.

Schedule a confidential family law consultation with an experienced family law attorney in Joseph, MI today. Let our team guide you through the process with care, confidence, and dedication.

7 Benefits of Hiring a Local Attorney in Dowagiac, MI

Thu, 10 Jul 2025 14:48:44 GMT

When you're facing legal issues, choosing the right attorney can make all the difference. While large out-of-town firms may boast resources, they often lack the local insight that could benefit your case. A seasoned attorney in Dowagiac, MI, offers more than just legal counsel; they bring hometown knowledge, community relationships, and a deep understanding of Cass County courts. Whether you’re dealing with a family law matter, criminal defense, estate planning, or civil litigation, hiring locally may give you a stronger, more personalized advantage.

The Value of Local Legal Representation With an Attorney in Dowagiac, MI

1. Local Attorneys Understand the Dowagiac Court System

One of the most significant advantages of hiring an attorney is their familiarity with the local court system. Every court has its nuances, from the personalities of judges to the preferences of clerks. Local lawyers have built relationships through years of practice in these courts. They know how to navigate case assignments, hearing schedules, and filing processes with efficiency that outsiders may lack.

This familiarity means fewer surprises and a smoother overall experience, critical when time and strategy matter.

2. Strong Community Ties Build Trust and Accountability

A local lawyer doesn’t just represent clients; they represent their community. They often live in the same neighborhoods, send their kids to local schools, and support the same local businesses. This shared experience fosters trust.

Local attorneys are also more accountable to their clients. Their reputation isn’t just based on billboards or websites; it’s built on word-of-mouth and relationships within the town. That means they work harder to protect it.

3. Personalized Attention and Accessibility

With a large out-of-town law firm, clients sometimes feel like just another file in a drawer. By contrast, local attorneys offer a level of personalized service that larger firms struggle to match. You’re not routed through layers of staff; your lawyer is accessible and personally invested in your case.

Being nearby makes it easy to meet face-to-face, ask questions, and get regular updates. It also helps clients feel more confident and comfortable throughout the legal process.

4. In-Depth Knowledge of Local Laws and Regulations

While state law governs many legal areas, the way those laws are enforced often varies by county or city. Local attorneys are well-versed in the legal standards and community values unique to Dowagiac and Cass County.

Here are some examples of legal situations where local knowledge makes a real difference:

Family Law: Understanding local preferences in custody arrangements or divorce mediation.
Criminal Law: Anticipating how certain judges rule on specific charges.
Probate & Estate: Navigating regional requirements for wills, trusts, and estate settlement.
Civil Litigation: Leveraging knowledge of local precedents and business dynamics.

This detailed understanding helps shape better strategies and avoids unnecessary complications.

5. Immediate Availability in Urgent Situations

Legal emergencies don’t wait for business hours, and having someone close by can make all the difference. Whether it’s an unexpected arrest, a restraining order, or a time-sensitive document that needs filing, a local attorney can respond quickly.

Here, advantages include:

Easy in-person meetings.
Quicker document turnaround.
Faster access to courthouse personnel.
Immediate response in crises.

This type of responsiveness is difficult to replicate when your attorney is hours away.

6. Supporting a Law Firm That’s Invested in the Community

Choosing a lawyer means supporting professionals who give back. Local law firms often sponsor events, mentor students, or provide pro bono services to residents in need. Their success is tied to the health and prosperity of the community they serve.

Hiring locally means investing in the wellbeing of Dowagiac and keeping trusted professionals in your town, people who truly care about the community's future.

Some examples of the community-based benefits of hiring local legal counsel include:

Building long-term relationships for ongoing legal needs.
Helping shape positive legal outcomes within the community.
Supporting ethical practices and transparency.
Receiving referrals from neighbors and local professionals.

Local firms like these tend to prioritize people over profit, something clients can feel from the first consultation.

7. Long-Term Support Across All Legal Matters

Legal needs rarely end with a single case. Over time, you may need assistance with estate planning, family law updates, or business disputes. Establishing a relationship with a local attorney now gives you a trusted ally for the future.

Local firms often offer a wide range of legal services. With their comprehensive knowledge and community presence, they’re well-equipped to help you across various areas, such as:

Divorce & child custody.
Social Security disability claims.
Bankruptcy and debt relief.
Wills, trusts, and probate matters.
Criminal defense.
Business or civil litigation.

Instead of searching for new representation each time a legal issue arises, you’ll already have a dependable advocate who understands your background, history, and goals.

Call Today to Work With a Trusted Local Attorney in Dowagiac, MI

When you need legal help, experience matters, but so does location. Choosing a local professional means choosing personalized service, faster responses, and an attorney who truly understands your community. For anyone seeking an experienced lawyer in Dowagiac, MI, local knowledge and personal dedication go a long way. Call (269) 684-6640 or send us a message today to schedule your consultation and experience the difference that comes with hiring locally.

When to Call an Attorney in Benton Harbor, MI

Wed, 12 Mar 2025 02:27:38 GMT

Legal matters can be complex and overwhelming, making it essential to seek professional guidance when facing serious issues. Whether you're dealing with criminal charges, family disputes, estate planning, or housing concerns, an experienced attorney in Benton Harbor, MI , can help you navigate the legal system and protect your rights. But how do you know when it's time to call a lawyer? This guide will outline key situations where legal assistance is crucial.

When to Call an Attorney in Benton Harbor, MI for Criminal Defense

Being accused of a crime can have life-altering consequences. If you’re facing charges such as DUI, drug offenses, theft, or assault, it’s crucial to seek legal representation immediately. An experienced lawyer can help you understand your rights, build a strong defense, and work toward the best possible outcome. A skilled attorney in Benton Harbor, MI, will ensure that you receive fair treatment and help minimize potential penalties.

Family Law Issues? Consult an Attorney in Benton Harbor, MI

Family-related legal issues can be emotionally and financially challenging. Whether you’re going through a divorce, seeking child custody, or dealing with domestic violence, legal guidance is essential. An attorney can help negotiate settlements, represent you in court, and protect your interests. Family law cases often involve sensitive matters, making it important to have a knowledgeable advocate by your side.

How an Attorney in Benton Harbor, MI, Can Help With Estate Planning

Planning for the future is vital to ensure your assets are distributed according to your wishes. If you need assistance drafting a will, establishing a trust, or handling probate matters, an estate planning attorney can provide valuable guidance. Without a proper estate plan, your loved ones may face legal complications and disputes. Taking proactive steps with the help of a legal professional can provide peace of mind.

Housing and Tenant Disputes: Know Your Rights

Housing issues, such as landlord-tenant disputes, evictions, or property damage claims, often require legal intervention. If you’re a renter dealing with an unfair eviction or a landlord facing legal challenges with tenants, consulting an attorney can help protect your rights and interests. In some cases, housing laws can be complex, and having legal assistance ensures that you comply with local regulations.

Filing for Bankruptcy? Speak With an Attorney in Benton Harbor, MI Today

Financial difficulties can be overwhelming, and for some individuals, bankruptcy may be the best option for a fresh start. Chapter 7 bankruptcy allows qualified individuals to eliminate unsecured debts and regain financial stability. If you’re struggling with overwhelming debt, an attorney can guide you through the bankruptcy process, explain your options, and ensure that you meet all legal requirements.

When in Doubt, Seek Legal Guidance With an Attorney in Benton Harbor, MI

If you're unsure whether you need legal help, it's always best to consult with a professional. A trusted attorney in Benton Harbor, MI, can evaluate your situation and provide the advice you need. Legal matters can be complex, and having an experienced lawyer on your side can make all the difference.

If you need legal assistance, Armstrong Betker Schaeffer and Neal, PLC is here to help. Our experienced attorneys provide professional legal guidance in criminal defense, family law, estate planning, and more. Contact us today to schedule a consultation and get the legal support you need.

Search Warrant Validity and Exceptions to The Rule

Fri, 30 Nov 2018 00:00:00 GMT

The police don't have the authority to search your property anytime they feel like. Under normal circumstances, a judge has to sign a valid search warrant to authorize the police to search your property. If the police searched your property, learn more about search warrants.

Warrants to Search

Below are some of the factors that make a search warrant legally valid.

Good Faith Filing

A warrant is only valid if the law officer that filed it had good reason to and believed the information on which they based the warrant. A warrant is invalid if you can prove that the law officer who issued it had an ulterior motive for the warrant. For example, a warrant is invalid if an officer uses their personal differences with you to file a warrant to search your house.

Reliability of Information

A valid warrant must also be based on reliable information. In most criminal cases, police officers file for warrants after they receive information from their investigations or informants. Reliable information must be believable enough to trigger probable cause for the search.

For example, an informant without any connection to an alleged crime may not be a reliable source of information for the crime. If a judge issued a warrant based on such unreliable information, then the warrant might not stand up in court if you challenge it.

Judge Neutrality

The judge that issues a warrant must be an impartial and neutral party as far as the criminal case at hand is concerned. This neutrality ensures that the judge is not swayed by personal circumstances as they make their decision. For example, a warrant may not be valid if the defendant upon whose words the warrant rests is related to the judge.

Specificity

Lastly, a good search warrant should be as specific as possible. A valid warrant should specify the items the police should search for and the properties the police should search. A vague warrant, which police officers can interpret any way they like, is not valid. If the warrant authorizes the police to search your vacation rental home, then it should say so.

Exceptions to the Rule

In many criminal cases, you may challenge prosecution evidence that the police obtained without a valid search warrant. You just have to prove to the court that the police acted without a search warrant or that they used an invalid search warrant. However, some exceptions to the rule allow the police to search your property without a valid search warrant. Here are a few examples of these exceptions.

Exigent Circumstances

The police don't need a search warrant to search your property if the situation at hand is so complicated that even a slight delay would trigger a greater evil. For example, the police don't need a search warrant to enter a house where they believe someone is about to kill another person.

Hot Pursuit

The police also don't need a search warrant if they are in pursuit of a suspect, and the suspect enters a home. For example, the police don't need a warrant to enter your house if they were chasing a homicide suspect and the suspect jumps into your house.

Plain View

Lastly, the police also don't need a search warrant to search a property if they can see an illegal item or evidence in plain view. For example, if the police were looking for a suspect with a Berretta pistol, the police don't need a search warrant to take your Berretta pistol if they stop you and the pistol is next to you in plain view.

At Armstrong Betker and Schaeffer, PLC, we do everything possible to defend our clients. We can even petition the court to throw out prosecution evidence that the police obtained illegally. If you have a criminal case, consult us as soon as possible so that we can begin working on your defense.

The Most Common Holiday Crimes and Their Defenses

Fri, 30 Nov 2018 00:00:00 GMT

You might have heard that crime increases near the holidays. But why is this? Some researchers claim that holiday crime is all about opportunity. People are deviating from their normal routines and doing things they do not typically do. This means criminals have an open window in which they can act. Unfortunately, innocent people get caught in the crossfire.

The holidays are also especially stressful, meaning that people may behave in ways they wouldn't otherwise. The result can be an arrest you certainly did not plan for.

Understanding the most common crimes that occur surrounding the holidays is helpful, whether you need to defend your legal rights or you want to protect yourself and your family.

Driving Under the Influence

Driving under the influence is a major concern during the holiday season. Driving under the influence (DUI) may be more common during the holidays because the season can contribute to stress. DUI can also be prompted by the influx of holiday parties that often involve lots of drinking and very little public transportation.

Several defenses to DUI currently exist. For example, you can challenge the breathalyzer or field sobriety test you were given. You might also establish a defense based on necessity, duress, or entrapment. You might also have a case for claiming you were wrongfully stopped by police in the first place.

Burglary

Burglary is a crime commonly associated with the winter holidays because people are often traveling, which leaves their houses empty and potentially full of expensive gadgets and gifts. Burglary may also happen right after the holidays when people are showing off their new holiday gifts.

In addition to proclaiming innocence, individuals charged with burglary can also make a case for entrapment. You may also have the opportunity to argue you were not committing an act of burglary. Perhaps there was a misunderstanding involved, like you tried to enter the wrong home while visiting family.

Shoplifting & Theft

Shoplifting is a significant crime that occurs throughout the winter holidays, but personal theft is also more common. Those who shop online may notice packages going missing from their porches or mailboxes more often.

Defenses against shoplifting and other types of theft often revolve around mistake of fact or mistaken identity. Perhaps you brought an item you owned into a store without realizing it. You may also demonstrate that you took the item on accident, not with intention.

Domestic Violence

The significant pressure put on families during the holidays may actually be linked to domestic violence incident increases. Intimate partner violence increases on certain holidays, specifically when alcohol consumption increases.

Defense against domestic violence might include claims that somebody else made a false allegation, either on purpose or on the basis of mistaken identity. Another defense against domestic violence is self-defense or the defense of others. The holidays can become heated when you are spending time with family you may not necessarily get along with.

Auto Theft

In addition to the shoplifting and theft present during the holidays, auto theft also increases. This could be because many people start leaving their cars running to warm them up, especially in the mornings before work.

Some defenses to use if you are accused of auto theft might include intoxication or the claim of ownership. You might also claim entrapment or that you intended to return the vehicle in question.

Armstrong, Betker and Schaeffer, PLC offers criminal defense services to Michigan defendants. Our team builds long-lasting client relationships based on quality and integrity. Call today to discuss your case today, and we’ll guide you through what defense will work best for your individual case.

Divorce vs. Legal Separation

Thu, 04 Oct 2018 00:00:00 GMT

Together through marriage, they do not enter into matrimony planning to end the relationship later. Unfortunately, as couples mature, they can often grow apart.

Many couples find making the decision to end a marriage challenging. Not only do you have to deal with the emotional ramifications of losing your relationship, but you must also deal with the complex financial and legal issues associated with ending your partnership.

The go-to option for many people when they cannot save a marriage is divorce. However, you do have an alternative to divorce: legal separation. Identify the benefits and drawbacks of both divorce and legal separation so you can work with your spouse to determine which option best meets your long-term needs.

Similarities

Divorce and legal separation are similar in many ways. Both are legally binding decisions that can influence your future. You must work closely with a qualified attorney to prepare a petition that you will need to submit to the court when you file for both a divorce and a legal separation.

Once the judge has had the opportunity to review the facts of your divorce or legal separation case, he or she will issue a decree outlining the legal responsibilities of both spouses. No matter if you file for a legal separation or a divorce, you will not be responsible for the future debts your spouse accumulates (and vice versa).

Both legal separation and divorce decrees also resolve important issues like child custody schedules and the division of assets and debts.

Differences

The primary difference between a legal separation and a divorce is that a legal separation does not officially end your marriage. In the eyes of the law, legally separated couples are still married. This means that neither spouse can remarry until a judge has finalized a petition for divorce.

If you or your spouse are older, or you both have no desire to seek out new marriage partners, then a legal separation can help you amicably separate and go your own way. If you think that a possibility exists that you will want to remarry in the future, you might want to file for divorce.

Benefits of Legal Separation

You may find yourself wondering why a couple would opt for a legal separation rather than a divorce. Legal separations can provide a number of benefits that divorce petitions cannot. Since you and your spouse will remain legally married after a judge issues a separation decree, you can use legal separation as a tool to help you decide if divorce is the best option.

If you decide to work things out with your spouse, you will not have to obtain a new marriage license. If you decide that a divorce is best, your legal separation decree can serve as a guide that helps reduce fighting and disagreements over important marital issues.

Another important benefit that you may want to consider if you debate about a legal separation or a divorce is the fact that a legal separation allows you to continue accessing your spouse's health insurance, retirement, and tax benefits. Since your marriage remains legally valid, you can file joint tax returns and claim spousal benefits indefinitely.

Understand how a legal separation and a divorce are both alike and different from one another so you can use these tools to make sound decisions as you split from your spouse. If you want to end your marriage, contact Armstrong, Betker and Schaeffer, PLC , for help taking appropriate legal action. We have two locations and flexible office hours to better serve your needs and schedule.

Divorce and Finances: How You Can Prevent Financial Difficulty

Sun, 02 Sep 2018 00:00:00 GMT

Divorce is devastating in many ways, but it takes a particularly hard hit on your finances. Your family will change, which means your finances will change in many ways. For some, divorce can result in bankruptcy or a large amount of debt. For others, divorce means that one parent who has been at home now has to get a job.

Child Support Obligations

If you have children with your former spouse, child support is a very important aspect of your divorce settlement. Child support is a payment paid to one parent from the other to help pay for the needs of the children. When the judge orders you to pay child support, you are held legally responsible to do so under penalty of law.

Once you divorce, you should alter your budget accordingly so that you can afford to make your child support obligations each month. This will be a new expense, and it may seem like a hardship at first. If this is the case, you have the opportunity to have your payments adjusted every so often. However, any adjustments have to go through the court and be approved by the judge.

Alimony Payments

You may also have to make alimony payments to your former spouse. Alimony differs from child support and is typically a temporary form of assistance until your former spouse is able to stand alone financially. Alimony is common in situations in which one spouse was a stay-at-home parent or worked a low-paying job.

Alimony impacts both of you in regards to budget. If you have to pay alimony, you need to create a line in your budget so you can be sure to not miss a payment.

If you receive the alimony payments, you should adjust your budget accordingly and use the money for your daily living expenses. Keep in mind, however, that alimony payments have an end date. You need to have solid financial footing before the end date arrives.

Property Division

Another important financial impact on your divorce is the division of your property. Michigan is an equitable distribution state. Unlike community property states, an equitable distribution state does not guarantee the equal division of marital property.

Before you start the division process with your legal counsel, you need to make a list of all assets acquired in the course of the marriage. This includes your home, vehicles, recreational vehicles, life insurance policies, retirement funds, and so on.

While you calculate assets, also calculate your debts. This will include a mortgage, credit card debt, home equity loans, student loans, or anything else for which you applied jointly. The debt will be divided in the divorce as well. The judge will look at your entire financial history and divide everything according to what he or she believes is most fair and equitable.

Once the division of property is over, be sure you change the names on all legal documents which now are only owned by yourself. This includes the deed to your home, the title to your vehicles, and any financial accounts.

Also, remember to change your beneficiaries on your life insurance plan and remove your spouse from your health insurance policy if applicable. In addition, take this time to change your will and estate plan to remove your former spouse so that he or she will not receive an inheritance from your estate.

Divorce is a difficult process, but it does not have to wreck you financially. Work everything out and be prepared for the major changes coming your way. If you need assistance with your divorce, please contact us at Armstrong, Betker and Schaeffer, PLC .

How Should We Handle the House in A Divorce?

Fri, 03 Aug 2018 00:00:00 GMT

For most couples, the family home is one of the most important assets. Unsurprisingly, because of the emotional and financial entanglements, the house can be a great source of contention, especially in a high-conflict divorce. Before finalizing your divorce, you should agree on the best way to deal with the house.

An experienced divorce lawyer can assess your situation and advice you on how to safeguard your interest where the family home is concerned.

Read on to learn more about how to deal with the family home in a divorce.

Sell

Selling the house can give you a clean start both emotionally and financially. Consider this option if you do not want to keep the house or if neither of you can afford mortgage payments and general upkeep on your own.

Before selling the house, you must complete the entire mortgage and ensure that the house does not have any debts attached. Also, consider the issue of capital gains tax. Put simply, capital gains tax is the tax you will need to pay on the profit you receive from selling the house.

If you sell the house together, you can exclude the first $500,000 from taxation if you have owned the home for a minimum of two years and each of you has lived here for two of the last five years.

In the event that you sell the house after the divorce, each of you can exclude $250,000 from taxation if you meet the requirements.

Michigan is a common property state. This means that the non-owning spouse may still be entitled to a portion of the profits if they contributed to the value of the home.

Buyout

Consider buying the house from your spouse if you want to keep the house for any number of reasons. Keeping the house can be especially favorable if you do not want to move the children to a new home.

As the buyer, you need to be financially prepared to incur the cost of refinancing the home. In exchange for agreeing to sell the home, your spouse may ask that you give up certain things such as marital assets and spousal support as part of the divorce settlement.

You may be responsible for the typical costs involved in selling a house including brokers' fees. You will also bear the financial burden if the value of the house depreciates.

If you are the seller, you will lose your interest in the property and any appreciation in the value of the house.

If the house does not have a mortgage on it and you are unsure of the home's value, hire a real estate appraiser to value the property so you can determine how much to sell the house for.

If you have a mortgage, you will need to refinance the house to buy your spouse's interest. For example, if the mortgage balance is $200,000 and both of you have an equal amount of equity that is $100,000 each, you would need to acquire a new loan of at least $300,000.

This would allow you to pay your spouse $100,000 and pay $200,000 for the remaining balance to obtain full ownership of the house.

Co-Own

You may opt to continue owning the house together, for example, if you do not want to move the children, the market is unfavorable for selling, or as part of a long-term buyout process.

Co-owning has numerous risks for your credit report in case of missed or late mortgage payments and taxation implications for transferring property long after finalizing a divorce.

Whether you decide to sell together, buy out, or co-own your family house in a divorce, be sure to weigh the benefits and downsides of each option. If you want a divorce and the house is at stake, speak to the qualified attorneys at Armstrong, Betker and Schaeffer, PLC to understand your legal options.

How Timing Matters when Filing for Bankruptcy

Tue, 03 Jul 2018 00:00:00 GMT

While choosing the right type of bankruptcy is important, timing your bankruptcy filing is vital as well. Timing your bankruptcy properly will often result in receiving the best results for your case. Find out when you should file immediately or when you should wait to file with bankruptcy.

FILING NOW IS BETTER IN CERTAIN SITUATIONS

When you decide to file for bankruptcy, visit a lawyer for advice and help. Speak to the lawyer about whether to file now or whether to wait. Your lawyer will review all the facets and facts about your situation to help you decide when to file. In certain cases, filing now is more beneficial.

Here are some examples of situations of when you shouldn't wait to file:

Your mortgage lender pursues foreclosure on your house: If you wait too long after a lender initiates foreclosure proceedings, you could lose your home. If the lender has started the foreclosure process already, file quickly to stop the foreclosure from proceeding. Depending on what bankruptcy type you file under, you can stop a foreclosure from occurring either temporarily or permanently.
Your car lender seeks repossession: If your car lender notified you that they will shortly repossess your car, stop this from occurring by quickly filing for bankruptcy.
You plan to receive money in the future: If you expect a large sum of money to come your way in the future from an inheritance or lawsuit settlement, you may want to file before you receive this money. If you wait to file, you have a greater chance of losing the money and losing your eligibility for using Chapter 7.
You plan to marry: Once you get married, you must include your spouse's income in the calculations, which could prevent you from qualifying for Chapter 7. Additionally, you may put your spouse's assets at risk if you wait to file until after the wedding.

If you find yourself facing any of these situations, make sure you fully discuss your situation with your lawyer before you file for bankruptcy.

WAITING UNTIL LATER IS BETTER IN OTHER SITUATIONS

You also have circumstances when waiting to file for bankruptcy is the best option you have.

Here are some examples of times you should wait to file:

You and your lender plan on a loan modification: If your lender is willing to modify your mortgage loan, you should wait to file until this is complete. The modification will offer new terms for your loan, which will make it easier for you to pay.
You've had a higher income recently: If you received extra income or additional money in the last six months, this circumstance could push your income over the threshold requirements for Chapter 7.
You recently disposed of assets: The bankruptcy court will look at your assets, including those you recently sold or disposed of. If they believe you intentionally got rid of the assets to prevent losing them in bankruptcy, they could throw your case out of court.
You expect to receive more bills: You have only one chance to include all your debts in your case, so you should make sure you have all of them before filing.

The amount of time you should wait before filing will depend on your unique financial situation.

Your bankruptcy situation may have certain factors and circumstances that would offer better results if you file now or if you wait to file. No matter what, a lawyer can help you look at the entire picture to help you know what your best option is. To learn more, contact Armstrong, Betker and Schaeffer, PLC to set up a free consultation visit.

What to Do After You're Served with Divorce Papers

Fri, 08 Jun 2018 00:00:00 GMT

A divorce is never a planned event, which adds to the overall stress of the situation. However, when a person finds out about their partner’s desire to end the marriage by being served by a stranger, the stress intensifies.

You may be experiencing a major life change, but life is not over. You can navigate through this situation and still come out with your life intact. If you are facing this difficult scenario, learn what steps you should take now.

Read the Document

Such shocking news delivered in an impersonal way is a lot to take in, but now is not the time to let your emotions get the best of you. Looking over the document may be painful, but this legal paper contains crucial information. Your failure to review the information puts you at risk and gives your spouse leverage.

Within the paperwork are directions on how to respond, which typically involve a hearing and a deadline for when you need to answer. If the paperwork was sent via mail, you have 28 days to respond. If you were physically served, you have 21 days.

Should you fail to respond by the deadline, the court can enter a default judgment in the case on behalf of your spouse. From the way child custody is determined to the separation of your joint assets, the court and your spouse will be at liberty to make all these decisions.

Contact an Attorney

Speak with an attorney as soon as possible. Divorce is an overly emotional process, and when people are passionate, they sometimes find it a challenge to think clearly and critically. An attorney offers an objective point of view that can help you assess your situation and determine what's best for you, even when you cannot do this for yourself.

An attorney is familiar with divorce laws and the manner in which they will directly affect you. For example, if you plan to seek full custody of your children, an attorney knows what type of information the court will assess and will help you review your affairs to ensure you're prepared.

In instances when you and your partner are unable to communicate due to high emotions, an attorney as an intermediary is especially beneficial. Additionally, if your spouse was the primary provider, hiring an attorney is vital to ensure you are treated fairly during the divorce.

Have a Conversation With Your Spouse

Provided no threat of violence exists between you and your spouse, have a conversation with the other party in the marriage, especially if you have children together. The difference between a divorce being a long, drawn-out, and costly situation and it being the opposite is the ability to agree.

If you and your partner can agree now about asset division, child custody, and even spousal support, you’ll spend less time going back and forth negotiating over these terms. Instead, your divorce will be settled through a process known as mediation.

Mediation is informal and can often lead to your divorce being finalized faster than a traditional divorce. You and your spouse need to have excellent communication skills and be upfront and honest for this option to work, as a person may be able to hide their assets during this process.

Of all these tips, getting the aid of an attorney is by far the most critical. An attorney can ensure you're protected, even when you don't realize you are at risk. At Armstrong, Betker and Schaeffer, PLC, we can fight on your behalf. Contact our office today to learn how we can help you protect your interests during your divorce.

Request a Legal Modification: Don't Stop Paying Child Support

Mon, 07 May 2018 00:00:00 GMT

Child support is a major area of contention for many parents. The custodial parent often feels like they aren't getting enough money, and the noncustodial parent feels like they are paying too much.

When a noncustodial parent believes they're being treated unfairly, they cannot just stop making payments, as a failure to pay can have serious consequences. Learn what could happen to you if you stop paying child support.

Credit Reporting

Child support is a financial obligation. When an individual does not meet the terms of a financial agreement, they are subject to adverse credit reporting; child support is no exception. Once a payment is missed, the state agency will contact you to request action on your account.

Failure to satisfy the past-due amount within the provided window will result in a negative notation on your credit report. Negative account information may stay on a report for years and affect your ability to gain access to a new bank or credit account, sign a lease, or gain employment, even after you're caught up on your payments.

Income Withholding

The financial needs of a child don't stop just because the parent has decided to stop paying child support. When a court establishes an order of support, they do this because the parent has a legal obligation to help care for a child they helped create.

Since this obligation remains valid and the child's needs continue to exist, the state of Michigan will use everything in their power to recoup any money to which the child and custodial parent are entitled, including withholding money from your paycheck.

When the court exercises an income-garnishing measure, more money could come out of your paycheck than your original monthly obligation until the arrears balance is resolved, which could make matters worse for you.

Felony Charges

Whenever an obligated parent does not meet their support obligation, one of the harshest penalties they face is a felony charge for failure to pay. A conviction on this charge could lead to substantial fines and a jail sentence of up to four years.

A felony conviction does not go away after you've served any jail sentence, paid any fines, and brought your child support case up to date. The conviction will remain on your record and make your life harder when it comes to everything from finding a place to live to getting a job.

Missing a single payment won't lead to this conclusion, but a repeated failure to pay could result in a felony charge.

Child Support Modification

Any parent currently under a child-support order has a legal right to request a modification to their order, but success depends largely on the terms on which the request stands. For the court to side with you in your request, you must be able to provide reasoning as to why the ruling is unfair.

The loss of your job, a decrease in your earnings, an increase in the custodial parent's earnings or changes to additional support services you provide to the child, such as health insurance, are instances in which a request for modification may be warranted.

Speak with an attorney before submitting a request for careful review of your situation, as an unwarranted request could lead to an increase in your support obligation.

Use this information to highlight the importance of making your child support payments as legally ordered, and rely on the law to make any modifications for which you feel you are due. If you feel your child support is unfair, contact Armstrong, Betker and Schaeffer, PLC, so that we can look over your order and help you.

Why Do You Need a Lawyer when Selling Your Home?

Thu, 05 Apr 2018 00:00:00 GMT

Millions of homes are sold in the United States every year. If you're ready to sell your property, you likely hope that you will make enough profit to buy another home or invest in another project. You're likely also hoping for a smooth transaction where a buyer approves of your home's asking price, financing goes through without a problem, and you walk away with the money you deserve.

Unfortunately, selling your home isn't as easy as you may think. Here are four reasons to hire a real estate lawyer when selling your home.

1. Home Sale Taxes

You don't want to be left having to pay taxes on your home after you sell the property. If your home sells for more than a certain amount and your profit is over $500,000 (or $250,000 if single or married filing separately), you may have to pay taxes on the property.

If your home sells for a profit less than the above-stated amounts but you haven't owned your property long, you may also have to pay taxes on the sale. A lawyer is needed to help you negotiate any lingering tax obligations so you don't end up having your future taxes garnished or receive threatening letters from the IRS.

2. Home Flaws

If you are selling a home that has been flooded or has encountered another kind of damage, you may have to bring the home up to safety codes in order to sell the property. If you have made home repairs in the past, you don't want to have to pay more for renovations in order to sell your home.

Your lawyer will prove that you have already made the necessary upgrades and renovations to your home to make the property safe for sale. Without a lawyer's assistance, you may be forced to pay for upgrades you shouldn't be responsible for or which are not even necessary to legally sell your home.

3. Home Upgrades

If the buyer raises questions about recent renovations, you will need to prove that all home upgrades were performed by a licensed professional. If you do not have the paperwork to prove upgrades are up to current municipal codes in your area or if you did the renovations on your own, your lawyer will need to know.

Your lawyer will work with you to hire licensed inspectors to privately approve your home for selling purposes. If changes need to be made to your recent upgrades in order to make your home sell-worthy, your lawyer will negotiate the costs you put into the residence into the final selling price so you can make as large a profit on your home as possible.

4. Closing Negotiations

Buyers have the right to demand that certain changes or upgrades be made to a home in order to finalize their purchase, just as you, as the seller, have the right to negate any more costs and sell your home as-is. Your lawyer will stand by your side until closing negotiations are complete to ensure that both parties involved in the transaction are satisfied.

Lastly, some states require that a lawyer be involved in the closing process of any home sale. Even if you live in a state that does not require a lawyer be present during closing, it's wise to hire a real estate attorney to assist you throughout your home selling process.

The right lawyer will protect your rights as a home seller while assisting you in making the most profit off of your home. Contact our associates at Armstrong, Betker and Schaeffer, PLC, for all your real estate needs. Our professional lawyers will stand by your side throughout the home selling process.

Relocating to Another State with Children After a Divorce

Wed, 07 Mar 2018 00:00:00 GMT

Relocation is sometimes a necessary part of life. You may want to move to be closer to family or to improve your employment opportunities. You may need to move if your company transfers you. Unfortunately, if you're a divorced parent with joint custody, moving to another state may become an uphill battle in terms of sharing custody.

Parenting Plan

When you first divorced, you hopefully set out a parenting plan, which lays the groundwork for how you and your former spouse will raise your children. Part of the plan should have covered relocation. If so, the transition might not be so difficult. However, many times parents don't imagine relocating to another state and so don't include that as part of the parenting plan.

Filing for Relocation

With joint custody, both parents are supposed to have equal access to the children, such as seeing them half the week or every other week. Typically, this is not possible when a parent relocates to another state.

According to Missouri law, the parent wishing to relocate has to formally inform the other parent. This formal notice must be a written letter that you send via certified mail and receive a return receipt. When you're drafting this letter, you'll need to include specific information such as the exact time and location of the move.

You must serve the notice a full 60 days prior to moving. The parent staying behind then has 30 days to accept or object to the relocation plan. Doing nothing is seen as consent.

Telling the Children

Moving out of state — or losing a parent to relocation — is going to be hard on the children. Whenever possible, save relocation for later in their lives. No matter the timeframe, though, communication is the key.

You know your children best, so you'll be the judge of how to actually inform them of the move. However, as Woman's Divorce points out, such a move is a social amputation for children, depriving them of full parental support on both sides. Be watchful for signs of depression and anxiety, and be ready to address them.

Communication needs to be as open as possible with your ex-spouse. Your children will need support from both parents.

Relocation Trial

If your ex-spouse objects to the relocation of the children, a trial will be necessary. Judges are always looking out for the best interest of the child. Be ready — judges typically favor disrupting the child's life as little as possible. They may change the terms of your custody arrangement so that the parent staying behind has sole physical custody.

Indeed, in Missouri, the relocating parent must prove that the move is in the best interest of the child. That said, staying in place isn't automatically the best situation for the child.

Considerations for Best Interest

As part of your relocation plan, you should have as much detail about your children's future life in the new state. For example, you should know where you're going to live and everything possible about your children's new schools. You should also have a plan in place for childcare.

Likewise, emphasize the positives of the new location, such as being closer to extended family. Though money isn't a huge factor, point out how a lower cost of living will allow your children to participate in more activities.

Finally, have a plan in mind for visitation. Be prepared to give up holidays and other school vacations so your children can spend this time with their other parent. After all, you'll be parenting them on a daily basis. You'll also want to lay out a payment idea for travel costs.

Be aware that judges don't look kindly on the situation if they suspect the move is motivated at all by revenge on the ex-spouse.

You have the right to move to a new state — no one can prevent that. Unfortunately, if you're co-parenting, a judge might decide your children don't need to move with you. The team at Armstrong, Betker and Schaeffer, PLC can help with your legal needs during this stressful time.

Why You Need a Lawyer when Filing for Disability

Thu, 01 Feb 2018 00:00:00 GMT

Social Security Disability is the act of receiving all or a portion of the benefits you would normally receive at retirement age due to the inability to work. In order to qualify for Social Security Disability, you must prove that you are permanently physically or mentally incapable of performing your job duties in the field you are trained or knowledgeable in, or a similar field.

A temporary disability, or one that is lasting less than a year, is not considered acceptable for claiming Social Security Disability. Surprisingly, there are many stipulations attached to filing for and receiving your benefits, even if you have paid into Social Security for years and are clearly unable to work due to a medical condition (either mental or physical) or long-term injury.

When filing for Social Security benefits, you should not perform this tedious task alone. Here are just a few reasons why you need a lawyer when filing for disability.

Your Claim Most Likely Faces Denial

You've filed all the paperwork, including details of your injury or medical report, have explained (to exhaustion) your field, education, and working background, and have provided many written reports that back your disability from non-biased professionals. Simply relaxing and waiting for your first disability check sound like the most obvious recourse, but it isn't.

Most Social Security Claims Get Denied

70% of Social Security Disability claims are initially outright denied. While this doesn't mean you won't ever get your claim approved, it does mean a lengthier and more intimidating process that can leave you frustrated and confused.

Hiring a lawyer before your claim is processed is key to aiding in its success in getting accepted the first time around. A lawyer who specializes in Social Security disability claims understands what factors go into acceptance as well as how to provide the necessary details to get a claim accepted more quickly.

If you've already filed for and been denied Social Security benefits for your disability, hiring a law yer is beneficial in this area as well. Your lawyer will go over your existing paperwork and propose changes that are more likely to get your claim accepted when you file again.

You Will Most Likely Have to Attend a Hearing

As part of your Social Security Disability claim filing, you will need to attend a hearing where a judge will review your medical evidence and work background. This process is daunting when you attend a hearing on your own, as you will face many questions regarding your claim that can be confusing to answer.

Your lawyer will prepare you in advance for your hearing, prepping you for the type of questions they will ask you and how to answer them. If there are questions you cannot answer fully or don't understand, your lawyer will assist you in obtaining the professional backing from your doctor or employer (if applicable) to support your claim.

In most cases, you will have to prove your disability and how it affects your current and future ability to work. The hearing counsel will strongly express any suspicions, and you will need to be able to present strong evidence proving your inability to work, especially in the field you are trained in or have an educated in. Your lawyer will know exactly what areas of your claim need special attention so you can get your claim approved.

Filing for Social Security Disability can greatly improve your life. The process to obtain disability is a difficult one, so make sure you have a skilled lawyer by your side. Our team of experts at Armstrong, Betker and Schaeffer, PLC are here to assist you in all your legal needs.

3 Things to Consider Before Filing for Bankruptcy

Thu, 11 Jan 2018 00:00:00 GMT

When creditors keep calling because you owe them money and letters keep arriving in the mail, you might wonder how you will ever make this end. Filing for bankruptcy is an option you could consider, and it can provide a lot of relief in certain situations. If you need major help with your finances and debt problems, here are three things to consider before you file for bankruptcy.

How Will It Help?
One of the top things for you to fully examine and evaluate before filing is how bankruptcy would help you and the debt problems you currently face. To do this, you should gather up statements from every debt you have and create a list. Write down the type of debt you owe and the amount and bring this list to a bankruptcy law office.

When you visit a bankruptcy lawyer, he will want to see your list of debts, and you must make sure you include every debt you have. In addition to bringing a list of your debts, bring your most recent tax return as well as your current paystubs. Your income will affect which branch of bankruptcy you qualify for, and your lawyer will want to see your income for this reason.

During your visit with a lawyer, you will learn which branch of bankruptcy you qualify for and which branch would offer the best effects for your financial problems. You will also learn how filing for bankruptcy would benefit you and affect your debts.

If you discover that bankruptcy would offer a lot of relief, then you might want to go ahead and file; however, you might discover from meeting with a lawyer that bankruptcy would not provide you with a lot of help for your finances. The answer to this really depends on your income, the branch of bankruptcy you use, and the types of debts you have.

What Consequences Will It Have?
Filing for bankruptcy has one main consequence, which is the negative effects it has on a person's credit. A person who files for Chapter 7 bankruptcy will have this filing on their credit report for 10 years from the date the court discharges the case. A person filing for Chapter 13 will have this filing on their report for seven years from the time the repayment plan ends.

A bankruptcy filing on your credit report is listed as a public record, and this is a derogatory mark. This filing could impede your ability to get loans, credit cards, and credit lines; however, the effects of filing for bankruptcy are not permanent. The filing will drop off after the 7 or 10-year time frame.

Are There Alternative Options?
The other factor you should consider before filing is alternative options to bankruptcy, and there are several different options you could evaluate. For example, if you owe a lot of money on credit cards and can repay some of the debt, you could look into a debt-settlement plan. This plan requires repaying only a portion of the debts you owe instead of the full amounts.

One other alternative option is credit counseling, which involves working with an agency to consolidate your debts. The goal of this plan is to make it easier to repay your debts by having only one payment to make each month.

Getting into debt is never hard to do, but getting out of it is often a very difficult task. If you are at your wit's end and need some advice about your financial situation, contact Armstrong, Betker and Schaeffer, PLC. We can help you determine if bankruptcy is right for you and any alternative options that you could use.

How to Approach a Child Custody Battle

Thu, 07 Dec 2017 00:00:00 GMT

No one wants to think of their family falling apart. However, circumstances can change which lead to parents going separate ways — thus necessitating an agreement about child custody. Sometimes parents are able to come to an agreement about sharing custody of their children, but that's not always the case. When disagreement happens, you'll need to seek legal advice.

Choose a Custody Situation

You'll need to go into any hearing or court date prepared to fight for the custody arrangement you think is best for your child. Therefore, you need to know what the standard arrangements are.

Sole or full custody occurs when one parent has complete physical and legal rights over the child with the other parent having only visitation rights. In some cases, both parents share legal rights even if the child lives primarily with just one. Sole custody typically only occurs when one parent is deemed unfit.

Joint custody is the more commonplace approach. The details vary case by case, but typically both parents have both legal and physical rights over the child.

Remember the Best Interests of the Child Matter the Most

Every state has its own guidelines for determining child custody cases. However, the guidelines are always based on one driving force — the best interests of the child. Naturally, that's a subjective judgment, but several factors go into the determination.

The main factor is the stability of the home life. With that goes some financial, cultural, and possibly religious stability. Likewise, the primary caregiver is expected to be both physically and mentally healthy. Finally, judges usually favor the option that creates the least disruption in the child's life, meaning the fewest adjustments to school and community.

Be Prepared for Questioning in the Hearing

Since the ultimate goal for any child custody hearing is the best interests of the child, questions in the hearing will be based on how you can meet that standard.

When you go in for a hearing or court date, be prepared to showcase your physical, mental, and financial stability. Any methods you have for showing you offer the child a well-rounded life are also beneficial. This is imperative if you or the other parent is seeking full custody of the child.

While at one time the preference was to give one parent sole custody and the other visitation rights, the trend is now to award joint custody. When you or the other parent are asking for joint custody, the judge will likely to ask how well you communicate with the other parent. This stems from the need for communication in co-parenting situations.

Make a Parenting Plan

In cases where both parents are capable, stable adults, judges typically award both parents joint custody of the child. Therefore, you'll need to work together on a parenting plan, or guidelines for raising the child.

Your parenting plan needs to include several factors. First, you should include a schedule for your child to spend time with each parent. When deciding on this schedule, remember to keep the best interests of the child in mind to avoid accommodating the schedule for the convenience of the parents.

The plan also needs to include provisions for medical care. It should include information about who is providing insurance and how out-of-pocket costs will be covered. The most detailed plans also include who stays home to care for a sick child.

In that vein, you also want to include educational, extracurricular, and religious activities in your plan. Plan ahead of time how each of these topics will be approached and who is responsible for costs and transportation associated with the activities.

One of the hardest things to do when a relationship has ended is to approach child custody with a calm, even-headed attitude. That's why you should consult with the attorneys at Armstrong, Betker and Schaeffer, PLC for help planning the best parenting experience for your child.

5 Things You Should Do Before Filing for Divorce

Fri, 03 Nov 2017 00:00:00 GMT

After months or years of soul searching, fights and seemingly endless tears, you're finally considering filing for a divorce. However, before you make this major change, it is important to take some steps to get your life in order while you seek the legal expertise of an attorney. Here are five things you should consider doing before you file for divorce.

1. Get Your Finances in Order

The first step you should take is learning about where you stand financially. Begin by checking your credit report. Look for any irregularities, such as discrepancies and missed or late payments. If you notice any accounts that were opened without your consent, contact the credit bureau to have these mistakes corrected.

The next step is to make a list of all your assets – both personal and marital. This includes any money in your bank account, property, retirement plans and investments. Even though the task of dividing assets won't occur until the later stages of your divorce, knowing where you stand, and what you want to fight for, will allow you to speed up this process.

2. Open a New Checking Account and Credit Card

If you've always placed your money in a joint bank account, or share several credit cards, it's time to begin securing your financial future by opening a bank account and credit cards under your name. As you begin the process of divorcing, you and your spouse will begin to live separate lives, both personally and financially.

Unfortunately, it's not uncommon for one spouse to react badly after they are served with divorce papers. If they lash out by draining your bank account and maxing out your credit card, then you could face financial ruin. Having your own bank account and credit cards can protect you from your spouse's reaction to the divorce.

3. Save Money for Your Future

The best-case scenario in a divorce case is that it will be quick and uncomplicated. Unfortunately, even a neat and tidy divorce can still cost several thousands of dollars. Instead of borrowing money from friends and family, dipping into your savings or running up your credit cards, begin putting aside money every week to save for your future.

For example, try to set aside 10 percent of your weekly or biweekly paycheck. Downgrade your cable, get a cheaper cellphone plan or make any other small changes that will allow you to save money. Once your divorce is over, and you haven't taken on any new debt, you can begin to rebuild your life without the financial burden.

4. Determine Where You Want to Live

This seemingly simple question about who gets the house, and who will leave, is more complicated than you might realize. For example, if you pack up and leave the house, and do not have a custody agreement in place, the judge might see this action as you disregarding the welfare of your children.

It is important to sit down with your spouse and determine you and your children's living right away. If your house is big enough, you can attempt to live together, but in separate areas. However, this almost always leads to animosity, so if you have children, it is important to have a custody agreement before either spouse moves out.

5. Hire an Attorney

Finally, you need to contact a divorce attorney for assistance. Divorce law can be confusing, and using the expertise of a professional can help prevent you from making any mistakes. Your attorney can help you understand the divorce process, and how to protect yourself and your children.

Filing for divorce is a difficult and painful choice. If you have any further questions about this process, don't hesitate to contact the professionals at Armstrong, Betker and Schaeffer, PLC .

Overwhelmed with Debt? the Benefits of Chapter 13 Bankruptcy

Tue, 19 Sep 2017 00:00:00 GMT

Tired of bill collectors calling you constantly? Exhausted by juggling bills? Worried that you might lose your home? If you've answered yes to all of those questions, it may be time to consider bankruptcy.

For individuals, one of the most common types of bankruptcy is Chapter 13. Wondering if that's the right option for you? Here's a look at the key benefits of filing this particular type of bankruptcy.

1. Stops Creditors from Seizing Your Assets

As soon as you file for Chapter 13 or any other type of bankruptcy, the courts issue an immediate stay. That prevents all creditors including the IRS from seizing your assets. In some cases, it's even possible to stop foreclosure on your home even if the bank has already started the process.

Note that this isn't possible in every case so it's important to contact an attorney as soon as possible to protect your assets.

2. Doesn't Require Liquidation

Under a Chapter 13 bankruptcy, you don't have to liquidate your assets. In contrast, if you decide to file Chapter 7 (the other most common type of bankruptcy for individuals), you are required to liquidate everything but your essential assets. Usually, essential assets are defined as your home, a moderate-value vehicle and your personal effects.

However, in exchange for not liquidating, you have to make payments to your creditors. That's why this type of bankruptcy is often referred to as the wage earner's bankruptcy.

3. Can Help You Catch up On Your Mortgage

Some of the payments that you make on a Chapter 13 bankruptcy can be used to help you catch up on your mortgage. That can be extremely beneficial for people who don't want to lose their homes but are already behind. You don't get that same opportunity with a Chapter 7 bankruptcy.

4. May Reduce the Amount You Owe on Your Vehicle

The payments you make with this type of bankruptcy can also help you catch up on delinquent car payments, but it gets better than that — with a Chapter 13 bankruptcy, you may even qualify for a cramdown.

A cramdown is when your creditor agrees to reduce the amount you owe on your car loan. The reduction happens when you owe more than your car's fair market value. That can lower your monthly payments, save you a lot in interest and help you save your car from repossession.

5. only Stays on Your Credit Report for Seven Years

Unfortunately, bankruptcy has a negative impact on your credit report, but in many cases, it's better than the alternative of ruining your credit while also losing your car and your home. However, as a positive point, Chapter 13 only stays on your credit report for seven years, while Chapter 11 and Chapter 7 stay on your credit report for 10 years.

6. Doesn't Affect Your Tax Liability, Unlike Debt Settlement

Settling your debts for less than you owe can be an alternative to bankruptcy, and this approach has benefits in many situations. However, if you save more than $599 in any one settlement, you have to report the savings as income on your tax return. That can increase your tax liability and put you into debt with the IRS. When debts are discharged through bankruptcy, you don't have to worry about that.

7. May Include Tax Debts

Speaking of the IRS, you may even be able to include certain tax debts in your bankruptcy. This varies based on the age of the tax debt, the amount of other debts you have, your income and several other factors. However, in many cases, it is possible to eliminate some of those old tax debts.

At Armstrong, Betker and Schaeffer, PLC, we file more bankruptcy papers than any other attorney in Berrien, Cass or Van Buren counties, and we're committed to helping you protect your assets. Contact us to learn more today.