Archives for March 2022

What Are My Divorce Options?

March 28, 2022 By SchmittLawAdmin

You are ready to move forward with a divorce. But you have no idea how to get started, and are overwhelmed with all the various terms you find relating to divorce.

When a client arrives for their initial consultation with Schmitt Law, PLLC, they often have no idea of what their options are to obtain a divorce. In the initial consultation, we take the time to discuss the options available to the client to ensure that they select the option that best fits their needs.

The following is a list of options available to parties who are seeking a divorce.

PRE-DIVORCE FILING MEDIATION: Mediation is a process that allows you and your spouse to resolve conflict in a peaceful manner. You and your spouse meet with a neutral third party who is trained in the mediation process (the mediator). The mediator will assist you and your spouse in discussing the outstanding issues, helping both of you review your options, so that you may reach an acceptable outcome of your differences. A pre-divorce filing mediation is held prior to the complaint for divorce being filed. The parties reach a full agreement on their outstanding issues and then proceed to the filing of the complaint for divorce.
MEDIATION AFTER FILING: This process is the same as the pre-filing mediation, with the difference being that the mediation is held after the complaint for divorce has been filed and served on the other party.
COLLABORATIVE DIVORCE PROCESS: In the collaborative divorce process, the parties resolve their issues in a respectful manner, using a team approach. The team assists the parties in crafting solutions in the best interest of each party, without involving the judge to make their final decisions. In the collaborative divorce process, the parties, their respective attorneys and a coach meet in a group setting. An agenda is set for each meeting, to assist the team to stay on track. These meetings are designed to encourage the sharing of ideas and settlement options.
UNCONTESTED DIVORCE: Schmitt Law, PLLC offers a process we call “uncontested divorce”. An uncontested divorce is one in which the parties have resolved all of the issues, and there is no need for court intervention. In this process, we work to ensure that the outcome of the divorce reflects the parties wishes. This process allows the parties to maintain total control of their agreement. Schmitt Law, PLLC accepts uncontested divorces for a flat rate fee.
LITIGATION: In this process, the parties are unable to resolve their differences, and the Judge unilaterally decides the outcome of the parties’ divorce. This is the least desirable option for most parties as it is the most difficult, time consuming, and expensive process to obtain a divorce.

Experienced Divorce Attorney

We understand that filing for divorce can be an emotional and confusing experience. That is why we are committed to providing personalized service to each client we represent and will be with you through this difficult journey. We are prepared to guide you in all aspects of your case.

To discuss your circumstances and legal options, contact Schmitt Law, PLLC online or call (616) 608-4634 to schedule a consultation.

How To Prepare For a Custody Mediation

March 24, 2022 By Laurie Schmitt

All family law cases are difficult. However, custody cases can be the most challenging for parents. Whether your case is a divorce, child custody, parenting time, or child support case, Mediation offers a less stressful option for couples.

In Mediation, the parties and their attorneys meet with a neutral third party who will assist you in coming to an agreement that is fair and equitable.

Before you attend Mediation, it is important for you and your attorney to prepare. It is also imperative that both the client and attorney have a shared understanding of what outcome the client desires through the Mediation process.

As this is a difficult time for the client, it is normal to have questions and concerns about the process and outcome. At Schmitt Law, PLLC, we sit down with every client prior to mediation and discuss our strategy. This allows us to be “on the same page” with the client when we attend Mediation.

The following is a checklist that Schmitt Law, PLLC reviews with all clients prior to attending a custody Mediation.

Make sure you have provided copies of all relevant documents to your attorney so that they can have the necessary documents available for mediation.
What type of legal custody are you seeking? Joint or sole?
What type of physical custody are you seeking? Joint or sole?
What parenting time schedule are you seeking? Does your work schedule allow you to exercise parenting time on the schedule you are seeking? Do you have daycare available if needed?
What holiday schedule are you seeking? The following are the major holidays that Schmitt Law, PLLC typically requests: New Year’s Eve, New Year’s Day, Easter, Memorial Day, July 4, Labor Day, Halloween, Thanksgiving, Christmas Eve, Christmas Day, Child’s birthday, Spring Break, Christmas break, Mother’s or Father’s Day, and any other day important to the client.
What type of telephone contact are you seeking? What days of the week, what time of the day, and for what length of time?
Who will provide transportation for pick up and return of the children?
Who will claim the child as a dependent under City, State and Federal Taxes?
What happens if one or both of the parties require a change in their parenting time schedule?

And through the mediation process, be sure to put your child’s needs first – prioritize what is best for the child, and what is best for their day-to-day routine. When you place the child first, much of the decisions to follow become easy to make.

Experienced Michigan Child Custody Attorney

Laurie Schmitt at Schmitt Law, PLLC is experienced in family law cases involving visitation and custody. Over the years, I have successfully represented hundreds of clients in complicated cases. For skilled legal guidance, please call Laurie at Schmitt Law, PLC at (616) 608-4634, or contact us online to arrange a consultation.

The Collaborative Divorce Process: What Is a Financial Neutral?

March 21, 2022 By Laurie Schmitt

In the collaborative divorce process, we utilize the team approach. The team comprises of the clients, their respective attorneys, a coach, and if necessary, a financial neutral. What role does a financial neutral play in this process as a team member, and what is the value to the client in retaining a financial neutral?

In many cases there are complex financial issues that must be addressed in the collaborative process. Simply put, the financial neutral assists the team in answering all financial questions.

A financial neutral will sit down with the parties independent of the team to assist in creating a budget while the parties are going through the collaborative process.

The financial neutral also assists the parties in understanding the impact of different settlement options that are being addressed in the team meetings. The financial neutral will review all of the assets and debts of the parties, and create a report for the team to review. These reports allow the team to fully understand the financial position of the parties, and to assist the parties in getting to an agreement that is financially fair and equitable for each party.

Financial neutrals also assist in valuing businesses of the parties, or valuing assets that may be difficult to value.

Often times, there may be one spouse who has never been responsible for maintaining the household finances. In these instances, the financial neutral can meet with that party individually, with the consent of the other, to assist them in learning how to create a budget, write a check, balance a checkbook, and pay bills.

Additionally, there is a cost benefit to the clients in hiring a financial neutral: it allows the attorneys to focus on legal issues, while the financial neutral focuses on the financial issues. Each part of the professional team is focused on what they do best and what they have been trained to do.

In the end, the financial neutral plays a valuable role as a team member: creating efficiency, saving money for the clients, and providing the team with a full understanding of the client’s financial situation.

Considering Divorce? Learn your options with Schmitt Law, PLLC

Contemplating a divorce can be one of the hardest decisions to make in life. There are many complexities involving the divorce process, making it overwhelming for most. However, know that you are not alone, and help is available. At Schmitt Law, PLLC we are here to answer your questions, ease your concerns, and protect your rights.

To book a consultation, contact Schmitt Law, PLLC online or by calling (616) 608-4634.

What Are The Rights of Unmarried Parents?

March 14, 2022 By Laurie Schmitt

Common concerns for unmarried parents are custody, parenting time, and child support. If parents are not married, how do they go about establishing custody, parenting time, and child support? These issues are often complicated. But when parents are unmarried, establishing custody, parenting time, and child support can be even more problematic.

The first thing to know is that when a child is born out of wedlock, sole legal custody and sole physical custody is automatically awarded to the mother. This means the mother has complete authority to make all decisions regarding the child to include where the child will live, where the child will go to school, health care decisions, and extracurricular decisions.

The award of custody to the mother does not change until the father of the child takes action to establish his rights. In order for the father to establish custody, parenting time, and child support, parentage must be established.

Parentage can be established through an affidavit of parentage. This may be signed by the parties at the time of birth of the child, or any time afterwards.

If an affidavit of parentage was not signed, then the father must establish his rights to the child through a DNA test. Either party may file a petition to establish paternity (mother of child, someone identified as the father, or someone who believes he is the father).

The court then grants either party an order requiring the father, mother, and minor child to complete a DNA test. After a valid DNA test has been completed, and the results deem a specific man to the father, then the father can request the court to establish his rights to the child (custody, parenting time, and child support).

If the father does not believe a paternity test is necessary, then he must seek to have the court enter an order of filiation. An order of filiation is a court order declaring a man to be the biological father of a child born outside a marriage. Once an order of filiation has been entered by the court, the court now has jurisdiction to decide the matters of custody, parenting time, and child support on behalf of the father.

It is important to note that once the father is legally deemed the father of the child, he will now be financially responsible to provide for the child in the form of child support.

As the father of a child born outside of a marriage, it is critical to take action immediately. Each passing day means you and your child will not receive time together to establish an important parent-child bond. As the mother of a child born outside of marriage, each passing day means you and your child will not receive the financial support you deserve.

KNOW YOUR RIGHTS – WE CAN HELP

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

What Is The Collaborative Divorce Participation Agreement?

March 7, 2022 By Laurie Schmitt

You and your spouse have decided to seek a divorce and have agreed to the collaborative divorce process. You have retained your collaborative divorce attorneys. Now you are being asked to sign a collaborative divorce participation agreement. What is the purpose of this agreement and what does the agreement contain?

The purpose of the collaborative divorce participation agreement is to ensure that the initial team (husband, wife, and their respective attorneys) understand the principles of the collaborative process. It also identifies that the collaborative team may expand to include a financial neutral, or other necessary professionals.

The collaborative divorce participation agreement contains the following provisions:

It identifies the goals of the team.
It contains an agreement that the parties will not seek court intervention.
It lists cautions to the participants that the process cannot eliminate disharmony, distrust, and differences that may have existed in the past, but that the parties will commit to create an atmosphere of harmony, trust, and cooperation moving forward.
It states that the parties agree to negotiate in good faith.
It states that the parties agree to make a full and fair disclosure of all assets, income, debts, and other relevant information necessary to reach settlement.
It states that the parties will maintain a high standard of integrity, not take advantage of each other, and will not mislead each other.
It preserves the parties’ financial status quo while the parties are involved with the collaborative divorce process.
It states that the parties agree the professionals are entitled to be paid, and that the parties have individual financial responsibilities to their respective attorneys.
It states that if experts and consultants are necessary, the team will agree to retain them jointly.
It discusses confidentiality in that the team will treat all information provided during the collaborative process as confidential.
It discuses the participants rights and obligations pending settlement.
It discusses termination of the collaborative process after settlement and termination of the collaborative process without settlement.
It states that both attorneys are disqualified from representing either party in any adversarial or contested court proceeding, that all team members are disqualified as witnesses, and that their work product will be inadmissible as evidence in any court proceeding.

Before signing the collaborative divorce participation agreement, the team will have a discussion and fully review the provisions to ensure the parties have a complete understanding of the agreement.

Collaborative Divorce – The Litigation Alternative

Divorce is a stressful and difficult process. That’s why more couples are turning to the collaborative divorce process. A highly trained team of professionals work together with you to develop a fair, open and child centered resolution. If you want to avoid going to court, reach your own agreement, and promote positive co-parenting post-divorce, the collaborative divorce process may be an alternative for you.

Laurie K. Schmitt, founder of Schmitt Law, PLLC, is an Attorney, Mediator, and Collaborative Divorce lawyer. When possible, she guides her clients through amicable divorce settlements so they can move forward with their life. Contact Laurie online or by calling (616) 608-4634 to schedule a consultation to discuss the collaborative divorce process and how it can benefit you.

How Is Child Support Calculated In The State of Michigan?

March 4, 2022 By Laurie Schmitt

In the State of Michigan, child support is established reviewing several factors. These factors are entered into a software program, used to calculate who will pay support, and how much they will pay. The party paying support is known as the payor, and the party receiving support is known as the payee.

The following is a quick breakdown of the major factors used to calculate a child support obligation:

1. Income of the parties. The gross income of the parties is entered and the software program calculates the party’s net income (net income means all income minus the tax deductions). The list is much more comprehensive than what is included here. But, for the purpose of this blog it includes the most common types of income. Income includes wages, overtime pay, commissions, bonuses, tips, military specialty pay (to include allowances for quarters and rations). If one party owns a business, all earnings generated from a business are considered. And, any distributed profits or payments from profit-sharing, a pension or retirement are considered. In essence, if you earn it, it is considered income for the purpose of calculating child support.

2. Child Care Expense. The actual cost of child care is entered into the software program to allocate each parent’s percentage share of that obligation. The more child support being paid, the more child support that will be paid by the payor. The actual cost of child care must be documented and a form must be completed by the daycare provider.

3. Health Care Coverage Premiums. Is one or both parties paying for health insurance for the minor children? If so, that party is given credit in the software program for the amount being paid for the premium associated with the health care for the minor children (not the total premium: what they pay in total for themselves and the minor children).

4. Additional children from other relationships. If one party has children from another relationship (with someone other than the other parent in the case under consideration), then they are given a “second family” credit. These children must be living in that parent’s household or that parent must be paying child support for them in order to be given the second family credit.

5. Tax Credits. Who will be claiming the tax exemption credits for the minor children? This information is used in the software program as another factor in calculating the payor’s child support obligation.

6. The number of overnights each of the parties will be exercising. It is no secret that in the State of Michigan, the more overnights exercised by the payor, the less child support the payor will be required to pay.

As this subject matter is very complex, and this blog does not discuss all factors used to calculate child support, it is important to discuss this matter with a skilled family law attorney. For more information about child support, contact me, Laurie Schmitt, Attorney at Law, at Schmitt Law, PLLC, by calling 616-608-4634.

Archives for March 2022

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