Archives for May 2022

Stopping A Divorce Action In Michigan

May 9, 2022 By Laurie Schmitt

If I file a complaint for divorce in the State of Michigan, can I change my mind afterwards? Does the case move forward even though I no longer want to pursue a divorce?

In Michigan, if the Judgment of Divorce has been signed and entered by the court, the divorce has been finalized and the parties cannot “reverse” the divorce. The only option would be for the parties to remarry.

If the divorce action hasn’t been completed, the divorce can be dismissed. If your spouse has not filed an answer to the complaint for divorce, you may motion the court to dismiss the case.

If your spouse has filed an answer to the complaint for divorce and counterclaim for divorce, then both parties need to agree to dismiss the divorce. This is a very easy process as it only requires a stipulated order to dismiss to be entered with the court. You would draft the stipulated order to dismiss the action, both of you would sign it, and then present the stipulated order to dismiss to the judge for their signature.

A stipulated order to dismiss is required because it shows the court that both parties agree to dismiss the divorce action. Once an answer to the complaint for divorce and counterclaim for divorce has been filed, both parties have asked the court for relief, and the divorce action cannot be dismissed without the other party’s consent.

Once the judge signs the stipulated order to dismiss the action, the case is closed with the court. Parties wishing to dismiss the divorce action should understand that once the judge signs an order dismissing the divorce action, the case is closed with the court. If in the future either party wishes to seek a divorce, they would be required to file a new action and pay a new filing fee.

It is important to note that the responding party in a divorce action cannot request to have the divorce action dismissed, as it requires the filing party to agree to the dismissal. If you file for a divorce, and your spouse wishes to have the divorce action dismissed, they cannot unilaterally have the case dismissed with the court unless you provide your consent to the court.

To summarize, a divorce action can be easily dismissed if both parties consent. But it cannot be dismissed by the responding party without the consent of the filing party.

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 at (616) 608-4634 to schedule a consultation. Or, contact us online to arrange a consultation.

What Does A 50/50 Parenting Time Schedule Look Like?

May 5, 2022 By Laurie Schmitt

More and more judges are awarding “50/50” parenting time in divorce and custody cases. So, what does a 50/50 parenting times schedule look like?

There are three major “50/50” parenting time schedules. The following are examples of how the month would be divided between the parties:

1. WEEK ON WEEK OFF

In a week on/week off parenting time schedule, the parties exchange the child(ren) one time per week. This can be on any day the parties agree to. But often the exchange day will be before the weekend starts such as Friday, or after the weekend ends such as Sunday. This schedule stays consistent throughout the year.

2. TWO-TWO-THREE

In a 2/2/3 parenting time schedule, the parties follow a rotation as shown in this calendar:

3. TWO-TWO-FIVE

In a 2/2/5 parenting time schedule, the parties follow a rotation as shown in this calendar:

WHAT IS THE DIFFERENCE BETWEEN THE TWO-TWO-THREE AND THE TWO-TWO-FIVE PARENTING TIME SCHEDULE?

The difference between a 2/2/3 and a 2/2/5 parenting time schedule is that in a 2/2/3 schedule the parties rotate the Monday/Tuesday and Wednesday/Thursday parenting time. In a 2/2/5 schedule one party will always exercise parenting time on Monday and Tuesday, with the other party always exercising parenting time on Wednesday and Thursday. The parties would then rotate Friday, Saturday, and Sunday.

WHAT 50/50 SCHEDULE IS BEST – THE PROS AND CONS?

WEEK ON/WEEK OFF SCHEDULE:

Pros: This schedule works best for older children, as it can be difficult for younger children to go seven days between visits. This schedule provides the best consistency for the children and the parties. Additionally, this schedule also reduces the number of exchanges per month between the parties, making this ideal for high conflict cases.

Cons: Not ideal for very young children, as children go seven days between visits with the other parent.

TWO-TWO-THREE SCHEDULE:

Pros: This schedule works best for younger children, as it reduces the length of time between visits (only go three days between visits with each parent). Younger children require consistent visits with each parent, not necessarily longer visits with each parent.

Cons: Because this schedule requires the parties to continually rotate Monday/Tuesday and Wednesday/Thursday between the parties throughout the month, it can provide less stability for the children and can be confusing for the parties. This schedule also drastically increases the number of exchanges per month that must take place between the parties, making it difficult for high conflict cases.

TWO-TWO-FIVE SCHEDULE:

Pros: This schedule can work just as well as the 2/2/5 for younger children (if five days between visits is not an issue with the parents and children). It provides more consistency for both the children and the parents than the two-two-three schedule, as the same parent will always exercise parenting time on Monday/Tuesday or Wednesday/Thursday throughout the month. It can make long-term planning much easier for the parents.

Cons: This schedule drastically increases the number of exchanges per month that must take place between the parties, making it difficult for high conflict cases.

CONTACT SCHMITT LAW, PPLC FOR LEGAL ADVICE ON CUSTODY

Custody is a sensitive topic in divorce cases. Child custody mediation will put your child first and set you up for a healthy co-parenting relationship. With an experienced attorney and mediator like Laurie Schmitt, you will be able to navigate your new family dynamic with clear understanding and communication. Looking for a professional and experienced family law attorney, contact us online or give us a call at (616) 608-4634. At Schmitt Law, PLLC our commitment is to you!

Co-Parenting Mistakes To Avoid

May 2, 2022 By Laurie Schmitt

It may not be easy to maintain a working relationship with your ex. However, the well-being of your children depends on it. The following are commonsense tips for co-parenting with your ex.

USING THE CHILDREN AS MESSENGERS: Your communication with your ex should be directly to your ex, not through the children. When you use your children as messengers, you put them in the middle of your adult war. Parents should never involve their children in adult matters and discussions. Let your children be children and let them love you both.

REFUSING TO RESPOND: Communication is key to a successful co-parenting relationship.

If your ex-contacts you regarding a legitimate co-parenting concern, respond within a timely manner. If you want to maintain joint legal custody, you need to be an effective parent. You need to work with your ex and respond appropriately. Your failure to respond can be read as your disinterest in what happens with the children. Your unwillingness to work with your ex can be used against you, and the joint legal status can be reviewed. Use your joint legal status wisely or lose it!

REFUSING TO MAKE DECISIONS WITH YOUR EX: Part of co-parenting means assisting in important decisions. Your ex-contacts you regarding a co-parenting decision. You do respond but refuse to commit. A non-committal response is nothing more than failing to respond disguised as cooperation. Once again, if you want to maintain joint legal custody, then participate.

FAILING TO TAKE THE CHILDREN TO EXTRA-CURRICULAR EVENTS ON YOUR PARENTING TIME: If the children have routinely participated in extracurricular events, both parents should honor the children’s involvement in these events. This means that when they are with you, take them to their games and practices. Failure to allow your children to attend extra-curricular events only leads to disappointed children.

FAILING TO FOLLOW THE PARENTING TIME ORDER: Your parenting time order defines the terms of your parenting time. Follow it or suffer the consequences of the court!

BEING CONSISTENTLY LATE FOR EXCHANGE OF THE CHILDREN: Your parenting time order clearly defines what time you are to be at the exchange of the children. Prioritize your children and be at exchanges, on time!

FIGHTING AT EXCHANGES OF THE CHILDREN: What needs to be said about bad behavior at exchanges of your children? Fighting, screaming, yelling, swearing, and physical altercations have no place during exchanges. Your children are witnesses and innocent victims to your inappropriate behavior. They learn from your actions. Be adults, exchange the children, and be on your way.

In summary, if you place the needs of your children first, it’s not hard to make good decisions for the benefit of your children. If you share joint legal custody, you have equal rights in making major decisions for your children. If you want to maintain joint legal custody, put aside your frustration and anger with your ex, and participate in the decision-making process.

CUSTODY ATTORNEY

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

Archives for May 2022

Footer