Archives for November 2022

Divorce Mistakes To Avoid

November 28, 2022 By Laurie Schmitt

Divorce can be an overwhelming and confusing process. As most people have never been through the divorce process, they often don’t know where to begin. And mistakes made through the divorce process can have long lasting effects.

1. FAILURE TO OBTAIN A MUTUAL RESTRAINING ORDER

A mutual restraining order is a document prohibiting parties from disposing or hiding the parties’ assets. By having the court sign a mutual restraining order, it alleviates the concerns that either party may do so legally. If you have assets to protect, you need to request a mutual restraining order at the start of your case

2. FAILURE TO OBTAIN AN ORDER ADDRESSING PAYMENT OF EXISTING DEBTS

If you have existing marital debts, and cannot agree on how they should be paid through the divorce process, you need to request an order from the court outlining how these debts will be paid. The last thing you need is to leave your marriage with your credit destroyed because marital bills were not being paid or being paid on time through your divorce.

3. DISCUSSING THE DIVORCE WITH THE CHILDREN

Children don’t have the emotional maturity to be burdened with adult information about your divorce. They may be struggling through your divorce process and shouldn’t have to deal with adult issues. The children need to know that it’s alright for them to love each of you, without having to take sides.

4. TAKING LEGAL ADVICE FROM FAMILY AND FRIENDS

Friends and family mean well. Your friends and family may have been through a divorce, and can share their war stories with you. However, the domestic relations law is ever changing. And because all family law cases are unique, you may not necessarily receive the same outcome your friend or family member received. Get your legal advice from an experienced family law attorney.

5. GOING THROUGH THE PROCESS ON YOUR OWN

Heading into a divorce without complete knowledge of the process can be risky. At the very least, obtain legal advice from an attorney before you get started so that you fully understand your option, expectations, rights, and responsibilities. At Schmitt Law, PLLC, we offer coaching and/or limited scope representation to assist you through the divorce process.

6. ONLY MY “FRIENDS” CAN SEE MY SOCIAL MEDIA POSTS BECAUSE IT IS SET TO PRIVATE

Don’t fool yourself. When there is a battle over the children, it’s not uncommon for your “friends” to provide the other parent with information, text, and pictures from your social media accounts. And yes, these comments, text, and pictures can and will be used against you in court.

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

We understand that filing for divorce can be an emotional and confusing experience. That’s why we are committed to providing personalized service to each client we represent and will be with you through this difficult journey. At Schmitt Law, PLLC we encourage clients to take a more collaborative approach to divorce that promotes positive communication and cooperation. Through mediation or the collaborative divorce process, Laurie guides her clients through amicable divorce settlements so they can move forward with their life. 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.

Top 5 Divorce Myths Debunked

November 23, 2022 By Laurie Schmitt

There are some common myths about divorce that are simply untrue. Laurie Schmitt of Schmitt Law, PLLC debunks the top 5 divorce myths.

MYTH 1: DIVORCE ALWAYS ENDS IN A TRIAL

It is rare for divorcing couple to end up in trial. Court intervention would only be necessary if divorcing couples are unable to settle disputes. And before parties arrive at a trial date, they must attempt mediation. Hence, trial would be the last resort.

The cost of a divorce escalates quickly if parties are unable to resolve their outstanding issues. However, divorcing couples can opt for alternate dispute resolution methods such as mediation or the collaborative divorce process. These alternate dispute resolution methods allow divorcing couples to take control of their case and their outcome without the need of expensive litigation.

MYTH 2: DIVORCE IS ALWAYS EXPENSIVE

MYTH 3: THE PARENT WITH “CUSTODY” OF A CHILD HAS GREATER RIGHTS THAN THE OTHER

In Michigan there are two types of custody: legal and physical. Who a child lives with has no bearing on each parent’s role in making important legal decisions for the child such as educational, medical, and religious decisions. If the parties are awarded joint legal custody, both parents have equal right in making these decisions on behalf of the child.

MYTH 4: NO CHILD SUPPORT – NO PARENTING TIME

There is no legal basis for a parent to prohibit parenting time if the other parent fails to pay child support as ordered by the court. If one parent is not receiving their child support, they can address that with Friend of the Court or the Court. But they do not have the legal right to prevent the other parent from exercising their parenting time as ordered by the court.

MYTH 5: UNMARRIED WOMEN HAVE REAL PROPERTY RIGHTS

Common law marriage is the term for a “marriage” that exists solely by agreement and by cohabitation. The State of Michigan does not recognize common law marriage, as common law marriage was abolished in Michigan in 1957. Therefore, if you and your partner were not legally married, you do not automatically have the same property rights as parties who were married. If parties who cohabitate intend to purchase real property, they should seek legal advice on how to protect their interests/rights in real property.

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

At Schmitt Law, PLLC we encourage clients to take a more collaborative approach to divorce that promotes positive communication and cooperation. Through mediation or the collaborative divorce process, Laurie guides her clients through amicable divorce settlements so they can move forward with their life. Contact Laurie at (616) 608-4634 to schedule a consultation to discuss the collaborative divorce process and how it can benefit you.

How Detailed Should A Parenting Plan Be In A Judgment?

November 21, 2022 By Laurie Schmitt

Your judgment of divorce is a legally enforceable document that determines each of your rights and responsibilities as a parent. When it comes to parenting plan, language contained in your judgment of divorce, you want to have clear and concise language. A judgment of divorce with inadequate language regarding parenting time may create conflict between the parents that cannot be clearly resolved by the judge.

When agreeing on parenting time language for your judgment of divorce, you should select language that cannot be interpreted in several ways. After all, if either party finds the need to seek assistance from the court, you want the parenting plan language to be upheld in court. If the language can be interpreted more than one way, it is “vague”, and judges cannot uphold vague language. And vague language leads to post-divorce litigation and expense.

Your parenting plan may include considerations that are specific to your children and your family. Remember, that a good parenting pan should thoroughly address all of the known issues that are involved. The following are some general rules to follow when selecting parenting plan language:

Never use the language “as agreed upon by the parties” as the only language to define your parenting plan. Parenting plans should be specific and detailed. If you are getting along, you are free to make decisions regarding parenting time. However, specific language placed in the judgment becomes the fallback plan when parents are unable to agree.
Your parenting plan language can be as specific as you need it to be, to prevent any misinterpretation of the language.
Specifically define your weekly parenting time (identifying the days of the week and start and ending times for each visit).
Identify what day, time, and location will you exchange the children for parenting time.
Identify your holiday parenting plan, listing each holiday, and the start and ending time of the visits.
Avoid language that is vague and leaves unanswered questions.

Your parenting plan cannot predict conflicts that may arise post-divorce. However, by using specific parenting plan language in your judgment of divorce, parents can clearly identify what their parenting time are. And should post-divorce litigation become necessary, detailed language in judgments of divorce assists the judge in making a determination on motions filed about parenting time.

When it comes to a parenting plan, do it right the first time and avoid unnecessary future litigation.

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

At Schmitt Law, PLLC we understand that the interests of your children always come first. Whatever your situation, Schmitt Law, PLLC is experienced, sympathetic and willing to help you achieve the best outcome for your entire family. Contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

What Are The Advantages Of Mediation?

November 14, 2022 By Laurie Schmitt

Unfortunately, divorce has become more commonplace than it was years ago. As a result of the rise in divorce, couples are looking at their options other than litigation to complete the divorce process. One of the alternate dispute methods is mediation.

What is the benefit of mediation verses litigation?

Mediation is a way for divorcing couples to exert total control over the outcome of their case.
Mediation offers divorcing couples a way to civilly discuss and resolve the issues of their case. And all aspects of a divorce can be addressed in mediation such as custody, parenting time, division of marital assets/debts, spousal support, and any other issues that present in a case.
There is a significant risk factor in leaving all the decisions to the judge. Judges will never understand your situation or the needs of your children more than you and your spouse do. Why leave the outcome of your divorce in the hands of a complete stranger?
Mediation is much more affordable to divorcing couples than litigation. Typically, parties equally share in the cost of the mediator. And mediators are far less expensive than what a trial would be.
Mediation affords the divorcing couple to customize their settlement.
Mediation is a much quicker way to resolve your divorce case. Often times, attorneys are able to schedule mediation within weeks after the divorce has been filed, verses a trial that may be held 6-8 months from the divorce filing.
Mediation is a non-confrontational process. Parties may select to sit in the same room with the mediator. Or, parties may select to be in individual rooms, with the mediator shuttling back and forth between the parties.
Divorcing couples who settle their case through the mediation process are far more likely to be satisfied with the outcome and follow the provisions in their judgment of divorce without the need for post-divorce litigation.

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

Top Three Reasons To Mediate Your Divorce

November 11, 2022 By Laurie Schmitt

What is mediation? Mediation is where a third-party neutral assists parties in reaching a fair and reasonable resolution. But what are the benefits of mediating when you can just go to court and get everything you want? What do I stand to lose by litigating?

Before you think you can just go to court and get everything you want, you should think twice. Will I really get everything I want, and does it make sense to spend valuable assets to fight verses engage in the mediation process.

The following are the top three reasons you should mediate your divorce:

1. COST

Simply put…divorcing cost money. Attorneys are expensive. And parties who want to fight should anticipate spending $300-$500 an hour for a qualified family law attorney. Translation…be prepared to spend thousands of dollars if you intend to fight.

2. THERE ARE NO WINNERS IN A DIVORCE

As stated above, the divorce process can be costly. And now that you’re getting a divorce, you are leaving your marriage with one-half of what you had. Do you want to continue depleting your share of the marital estate on attorney’s fees? Most people believe the only way to get what they want or deserve it to “fight (litigate in court). However, good family law attorneys are skilled negotiators. And mediation is the perfect platform for your attorney to use those negotiation skills to get you what you want, without the need of a trial.

3. THE LAW IS THE LAW

All divorcing parties have their opinion of what the outcome of their case should look like. However, the law may not support that opinion. To broadly summarize family law: decisions involving children are decided based off the best interest of the children and marital property is divided equally between the parties. After a lengthy and costly battle, you will walk away having spent money to receive what you could have obtained in mediation. And a successful agreement at mediation will be without the financial and emotional loss you would have sustained through the trial process.

To conclude, judges encourage and/or require parties to participate in mediation before they will provide you with a trial date. And, a good mediator will be able to assist you and your spouse in obtaining either a full or partial agreement. You can walk out of mediation with a fair outcome of your case, without going to all ends destroying your pocketbook and the other side through litigation.

COLLABORATIVE DIVORCE – THE LITIGATION ALTERNATIVE

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

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.

Divorce And Child Custody: The Right Of First Refusal

November 7, 2022 By Laurie Schmitt

It’s great when divorcing couples control the terms of the outcome of their divorce. And many couples ask about their right to be the first to be called when the other party requires child care – they want to be the one to provide all child care without the other party using a third party.

This is what is called “right of first refusal” – when one party must contact the other allowing them to provide child care before the use of a third party. However, most judges will not approve a “right of first refusal” provision in judgments, even if the parties agree to it in a consent judgment of divorce.

Why do judges dislike a “right of first refusal” provision? Because judges believe that a “right of first refusal” provision is nothing more than one party micromanaging the other party (their time and their decisions regarding the children).

The biggest issue for judges is how are they going to uphold a right of first refusal provision. How do parties decide clear language of a “right of first refusal” provision? It requires a determination of when the provision goes into effect. Just how many hours must one parent intend to be unavailable before the provision should go into effect. And that’s not an easy determination, nor easy for the judge to address post-divorce.

A “right of first refusal” provision becomes a highly litigated post judgment issue that judges do not want to continually address. The parties tend to abuse the provision believing every time the other parent leaves the house, they should be given the right to watch the children. Parties that ask or demand that a “right of first refusal” provision be placed in a judgment are the very people who should not have such a provision.

In conclusion, it is not likely that judges will agree to a right of first refusal provision in your judgment. Once divorced, you each have the right to make day to day decisions for the children, to include the choice of daycare. This means that each of you may select your own daycare provider, and will not be required to use the same daycare provider during your parenting time.

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

We understand that filing for divorce can be an emotional and confusing experience. That’s why we are committed to providing personalized service to each client we represent, and will be with you through this difficult journey. At Schmitt Law, PLLC we encourage clients to take a more collaborative approach to divorce that promotes positive communication and cooperation. Through mediation or the collaborative divorce process, Laurie guides her clients through amicable divorce settlements so they can move forward with their life. 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.

Hints For Parents Going Through A Custody Case

November 4, 2022 By Laurie Schmitt

Are you going through a heated custody case, or intend to be involved in a custody case in the near future? If so, the following list may help you from making unnecessary mistakes.

Attend ALL parent/teacher conferences with your children’s school
Stay in weekly contact with the teachers (through email, telephone or in person)
Address issues your children are having in school
Attend all extra-curricular school activities of the children
Place the children in counseling (if necessary)
No dating – it shows the court that you are placing the children’s needs ahead of your own
Do not spend the night away from home unless it is for business (and it can be documented as such)
Do not have boyfriends/girlfriends spend the night (once again, no dating)
No social media (Facebook, Twitter, etc.,)
Do not argue or use foul language with the other parent (especially in front of the children)
Do not disparage the other parent in front of the children
Attend church with the children and enroll them in any activities that are age appropriate
Do not stalk, harass, or continually call the other parent
Make sure all emails to the other parent are of a content you would not be embarrassed to have a judge read (as they can be used against you in a custody evaluation and at trial)
No drug or alcohol use: you may be required by the court to take a drug screen
Do not go to bars or nightclubs with friends/girlfriends/boyfriends (as any activity maybe documented and used against you at trial)
If your license has been revoked or suspended, no driving
No fighting or encounters with the other parent when you are at exchanges
If you are having issues at exchanges, document the exchanges via video
No illegal activity: do not get arrested
If the other party has alleged that you have a drug or alcohol issue – obtain a drug screen every thirty (30) days during the duration of the divorce
Do not test “dirty” on any drug screen
Note that your activities may be documented by a private investigator and used at trial

CONTACT SCHMITT LAW, PLLC FOR LEGAL ADVICE ON CUSTODY. GRAND RAPIDS FAMILY LAW ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

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!

Archives for November 2022

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