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Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

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616.608.4634

  • Home
  • About
    • About Laurie Schmitt
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    • Spousal Support Modification
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    • Separate Maintenance
    • Alternative Divorce Options
  • Family Law
    • Limited Scope Services
    • Child Custody
    • Change of Domicile
    • Post-Judgement Modification
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Archives for June 2023

Do You Need To Protect Your Rights As A Parent?

June 29, 2023 By Laurie Schmitt

HELP!  I just want to see my kids a be a significant part of their lives without interference from the other parent.

You just want to be a parent to your children.  However, the other parent does everything they can think of to make your live miserable.  It’s as if they just want you to walk away, throw in the towel, and say I won’t see my children any more. 

Protect Parent Rights
  • Do you have a current parenting time order that the other parent continually violates? 
  • Are you constantly going back and forth with the other parent fighting to exercise your court ordered parenting time? 
  • Does the other parent schedule activities for the children on your parenting time? 
  • Does the other parent refuse to meet you at exchanges, or are they constantly late? 
  • Does the other parent try and control every aspect of the children’s lives, including what takes place in your household? 
  • Does the other parent attempt to micromanage the decisions you make during your parenting time (what the children will wear, eat, and what activities they will participate in)?
  • Does the other parent attempt to cut you out of the children’s lives? 
  • Does the other parent fail to keep you informed about medical information as it relates to the children?
  • Does the other parent fail to keep you informed about school related issues and activities?
  • Does the other parent make unilateral decisions regarding the children that fall under your joint legal status?
  • Does the other parent make their own rules, contrary to the court order?
  • Do you feel that no matter what decisions you make regarding the children, the other parent believes it is not good enough?
  • Does the other parent disparage you, your significant other, or your family in front and/or directly to the children?
  • Does the other parent interfere with your holiday parenting time?
  • Does the other parent dictate the terms of every facet of the children’s lives, without considering your impute? 

Are you tired of the stress and anxiety you expend trying to gain rightful access to the children? Do you feel that you get no respect as the children’s parent?  Frequently, parents contact Schmitt Law, PLLC frustrated that they are not being allowed to exercise their rights as a parent, or that they could not come to an agreeable parenting time arrangement with the other parent. If you are experiencing issues in your relationship with the other parent, contact Schmitt Law, PLLC to discuss your rights and options as a parent.

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. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

Filed Under: Divorce, Issues Concerning Children Tagged With: Children, Collaborative Divorce, Custody

What Types of Cases Does Schmitt Law, PLLC Accept?

June 26, 2023 By Laurie Schmitt

Schmitt Law, PLLC primarily handles family law cases. Family law is a broad, general term referring to many different family matters. As there are many different types of cases that are included under the category of family law, the following are the family law matters Schmitt Law, PLLC accepts.   

FAMILY LAW CASES THAT SCHMITT LAW, PLLC ACCEPTS

DIVORCE (Uncontested, contested, and collaborative cases)

We all know that divorce is the legal termination of a marriage. And divorce cases can be quick and simple – or they can be long and drawn out. Factors such as whether there are minor children, significant assets or debt, or a family business can impact the complexity of the case.

Having an attorney skilled in handling divorce cases will ensures that you are getting the best outcome. Whether it is determining custody of the kids or who gets the house – Schmitt Law, PLLC will help you get your fair share of your marital assets.

SEPARATE MAINTENANCE

Divorce Cases

Legal separations do not dissolve a marriage. Instead, they keep the marriage intact for the most part while putting formal documents in place stating that the couple is legally separated. They are still technically married, but living separately. This can give the couple time to see if they really want to stay married or get divorced. After all, legal separations can be reversed but a divorce cannot.

CUSTODY (Uncontested and contested)

Child custody cases determine the physical and legal custody of a minor child, and can be in the context of a divorce or between two parents where not married to each other. In any custody case, there are many factors to consider to resolve these cases. Schmitt Law, PLLC will always keep the best interest of you and your children at the forefront during your case.

PATERNITY

Paternity simply means a case wherein the court must make a determination of a child’s legal father. Schmitt Law, PLLC accepts paternity cases whether they are contested or uncontested.  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. Call Schmitt Law, PLLC to discuss your rights.

CHILD SUPPORT

Child support must be determined in any divorce, custody, or paternity case. Therefore, Schmitt Law, PLLC accepts cases wherein child support must be established through one of these types of cases.  

DEFENSE OF PERSONAL PROTECTION ORDERS

If you’ve been served with a personal protection order, Schmitt Law, PLLC will assist in your defense. Personal protection orders are quasi criminal. This means if you are found in violation of the personal protection order, you can go to jail. Also, if you have a personal protection order against you, you will not be able to possess/carry a firearm. And finally, personal protection orders can negatively impact your employment status. Contact Schmitt Law, PLLC to discuss your options.

FAMILY LAW CASES THAT SCHMITT LAW, PLLC DOES NOT ACCEPT

Guardianship, CPS cases, termination of parental rights

THE IMPORTANCE OF AN ATTORNEY

When it comes to your family law case, make sure you understand your rights.  And if you are facing a contested situation, don’t go it alone.  Don’t leave your future with your family to chance. Contact Schmitt Law, PLLC to protect your future with your family.

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

Laurie Schmitt of Schmitt Law, PLLC is responsive to the fact that family issues are both complex and emotionally taxing. That is why I strive to guide my clients through the process as effectively and efficiently as possible while also minimizing the emotional toll on my clients.

To schedule a consultation or learn more about our services, contact Schmitt Law, PLLC online or call (616) 608-4634. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

Filed Under: Collaborative Divorce Tagged With: Collaborative Divorce, Divorce, Family Law, Mediation

Tips To Successfully Mediate Parenting Time

June 23, 2023 By Laurie Schmitt

You’re scheduled for mediation, and one of the issues to be discussed will be parenting time. The following tips will help you successfully mediate a parenting time schedule that will be fair, balanced, and enforceable.

KNOW THE BASICS 

Prior to mediation your attorney should explain what legal and physical custody really means so you are prepared to make an agreement at mediation. You should also discuss the importance of having an order for parenting time.

AGREEMENTS ARE BINDING

Golden Rule: If you sign it, it’s binding.

Before entering into a mediation agreement, it’s important to understand that if you sign the agreement, it becomes a contract that is enforceable by the court. There is no buyer’s remorse later. So, fully understand the terms of the agreement before you sign your name.

MEDIATION PROCESS

Parenting Time

The mediator may control the process, but you and the other parent exclusively control whether you come to agreement regarding parenting time. And if you’re going to have a successful mediation, you must be willing to listen to the mediator and the other parent, do not interrupt anyone, and avoid making derogatory comments that may inflame the other parent. Respect is key during mediation.

GETTING READY

Gather important information such as work schedules and a calendar of what parenting time you have exercised since the divorce filing. Also have a list of points or concerns you want to raise during mediation. This may include the other parent’s new relationship or living situation, or how active the other parent has been in raising the children.

YOUR CHILDREN’S SPECIFIC NEEDS 

During mediation it’s your responsibility to make sure the mediator knows the ages of your children and any special physical, social, and emotional needs each of your children may have.  This will assist the mediator in helping you develop a parenting time schedule that takes into consideration the needs of your children.

MAKE YOUR PARENTING PLAN REALISTIC  

When you attend mediation, make sure you are negotiating for a parenting plan that is realistic – one in which each parent can uphold their end of the agreement. As an example, don’t select pick up and drop off times during the other parent’s work day. You know they can’t follow through with it, so why make the agreement? Make sure your agreement makes sense and is realistic for both of you.

MAKE YOUR PARENTING PLAN ENFORCEABLE

Golden Rule: If the judge can’t enforce it, it doesn’t make any sense to include it. 

Don’t put language in your agreement that can’t be enforced by the judge. What’s the point?  It may make you or the other parent feel better. Your parenting time agreement should be specific.  In the event the judge needs to enforce your agreement, it needs to be clear to the judge what you intended. If you only state that parenting time shall be agreed upon by the parties, it would not be enforceable. Language that is specific will reduce confusion, as each party understands their rights and responsibilities.  And clear language is much more enforceable if the need for court enforcement arises. 

WHAT YOUR AGREEMENT SHOULD INCLUDE

Make sure to include a designation of legal and physical custody, and a clearly defined parenting time schedule. The parenting time schedule should address if the parties are going to exercise the same schedule year around, or if it will be different during the school year versus the summer break. Your agreement should also address how you will communicate with the other parent: email, text, or an app designed for communication between parents. 

BE PREPARED TO MAKE CONCESSIONS

Mediation is about negotiation.  Do not go into mediation thinking you will receive everything you want. Be prepared to listen to the other parent, make concessions, so that you can reach an agreement that is fair and equitable for both of you. And before you enter into mediation, know what terms you are firm on and what you are flexible on so it can be communicated to the mediator. 

LET ME WORRY ABOUT WHAT MATTERS MOST … YOUR FAMILY.  GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

The hallmark of my family law practice is providing you with top quality legal service by being intensely responsive to my clients. I will work hard to protect your rights to your children by helping you to secure the best possible outcome to complex legal situations and giving you your strongest voice in the family law process.

To schedule a consultation or to learn more about our services, contact Schmitt Law, PLLC online or call (616) 608-4634. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

Filed Under: Issues Concerning Children Tagged With: Children, Collaborative Divorce

What Is An Uncontested Divorce? Here Is Everything You Need To Know

June 19, 2023 By Laurie Schmitt

You and your spouse have agreed to file for a divorce. You both agree you don’t want to have a war in the court – and that you want to end your marriage in peace. You both may have heard the term “uncontested divorce” but are unsure what that means, or if it is right for you.

WHAT IS AN “UNCONTESTED DIVORCE”? 

An uncontested divorce is one in which you and your spouse have resolved all of the issues in your divorce, and there is no need for court intervention. This means that you and your spouse have agreed to all terms that will be contained in your Judgment of Divorce such as custody, parenting time, division of assets and debts, division of real and personal property and any other issue with respect to dissolving your marriage. 

WHAT TERMS OF OUR DIVORCE DO WE NEED TO AGREE ON? 

Uncontested Divorce

Parties must agree on how to divide all of the assets, debts, and retirement accounts. They must agree as to who will retain the house, and how much the other spouse will receive for their share of the equity. If the parties agree that the house is to be sold, they must agree on a realtor, sale date, list price, and how the proceeds from the sale of the home will be divided. Parties must also agree as to division of their personal property, to include all motorized vehicles, boats, campers, and pets. Parties must also have an agreement as to spousal support – will it be paid, amount, and duration. If there are children of the marriage, the parties must agree on custody, parenting time, holiday parenting time, child support, where the children will attend school, and any other issues specific to their children. 

IS AN UNCONTESTED DIVORCE A GOOD FIT FOR YOU AND YOUR SPOUSE?

An “uncontested divorce” would not be an appropriate process for you if you believe your spouse is hiding assets or income, if you and/or your spouse are unwilling to voluntarily disclose assets or income, or if you and your spouse are unable to agree on how to resolve all of the issues in your case. An uncontested divorce would be a poor choice for cases such as these.

WHAT ARE THE BENEFITS OF AN UNCONTESTED DIVORCE:

SAVES YOU TIME

An uncontested divorce can take much less time to complete than a contused divorce. When a divorce is contested, you’re required to involve the court to reach a final outcome. When you and your spouse fight over issues it can take months to obtain a trial date and complete your divorce.  Uncontested divorces can be completed quickly, usually no longer than the statutory wait period. 

SAVES YOU MONEY

An uncontested divorce is much less expensive that a contested divorce in that it will save you in attorney’s fees. By reaching an agreement to the terms of your divorce, you will prevent the need for unnecessary attorney’s fees. 

SAVES YOUR EMOTIONS

Getting a divorce is difficult enough. However, when you’re unable to reach an agreement, and require the court to intervene, it causes even more emotional devastation. An uncontested divorce gives you and your spouse the opportunity to start your new lives without destroying the other, and preserving enough of a relationship to co-parent. 

CONTACT AN EXPERIENCED DIVORCE ATTORNEY IN GRAND RAPIDS, MI

An uncontested divorce can save you and your spouse a significant amount of time, money, and stress.  If you would like to learn more about the uncontested divorce process, and whether an uncontested divorce is right for you, contact Schmitt Law, PLLC.  I will meet with you to discuss how you can complete your divorce without the “war”.  Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503. Please contact Laurie at Schmitt Law, PLLC online or by calling (616) 608-4634 for a consultation today. 

Filed Under: Collaborative Divorce Tagged With: Collaborative Divorce, Mediation

Will Your Job Stop You From Getting 50/50 Parenting Time?

June 15, 2023 By Laurie Schmitt

You’re getting a divorce. You come to Schmitt Law, PLLC for a consultation. The first issue you discuss is parenting time. And the first thing you state is that you want a 50/50 parenting time schedule.  The next question to you is what are your hours of employment and what days do you work?  You state you work either long hours each day, 7 days a week, varied hours, third shift, or start at 5:00 in the morning.

The best time to find out you have an obstacle to obtaining a 50/50 parenting time schedule is at the start of your divorce. Consider this your transition period. When you are married, you each take on specific roles at the house and with your children. Now that you will be single, you need to be honest with yourself and take a look at the reality of your request for a 50/50 parenting time schedule.  Are your hours of employment compatible with exercising a 50/50 parenting time schedule? If not, what do you do now?

job and parenting

While you are just the beginning of your divorce, now is the time to review if your employment will conflict with your end goal of 50/50 parenting time schedule. If you really want to exercise a 50/50 parenting time schedule, you need to ask yourself what changes you are willing to make to be awarded a 50/50 parenting time schedule. Now is the time to look at your options and see what you can do to accommodate at 50/50 parenting time schedule. Ask yourself:

  • Will your employer allow you to move to another shift?
  • Can you make yourself available to get your children to and from school?
  • Or, what arrangements can you make to ensure your children will get to and from school when you are at work?
  • Can you move your days around at work to make yourself available to your children?
  • Should you look for another job?

The biggest question to ask yourself is are you able to be home in the evening to take care of your children – to feed them, do homework with them, and get them ready for bed?  If not, it is not likely you will be granted a 50/50 parenting time schedule.

However, you have time to review your options and make adjustments to your employment so that you are able to take care of your children and obtain your goal of the 50/50 parenting time schedule.

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. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503. At Schmitt Law, PLLC our commitment is to you!

Filed Under: Issues Concerning Children, Other Family Law Issues Tagged With: Children, Custody, Family Law

Divorce Is Not The End Of The World

June 12, 2023 By Laurie Schmitt

It’s very difficult to accept a failing marriage. You wanted your relationship to work. You put your all into it. And you really don’t want a divorce. But deep down you realize even with all of your efforts and sacrifices, your relationship is no longer healthy or positive for either of you.  And you have accepted that divorce is the best option. But it still feels like your divorce will be the end of the world.  But it won’t be, and here’s why.

FRESH START

You and your spouse worked hard to build your life together – creating a lifestyle that suited your marriage.  And now you feel you are losing everything and will need to start again.  However, you have a chance at a fresh start: preserve the habits, hobbies, and lifestyle you want.  You can keep what suits you, and even look for new and exciting choices such as new hobbies, traveling, or redecorating. And you may feel free to let go of those habits, hobbies and lifestyle that no longer work for you. 

HAPPIER YOU

Not the end of the world

Your life no longer has to focus on the day-to-day challenges you faced while you were married.  You no longer have to find reasons to stay late at the office, and dread going home. You now have total control…and are free to pursue happiness. 


NEW OPPORTUNITIES

Your divorce opens up opportunities for you to make choices that perhaps your spouse was not in favor of during your marriage. It could be as simple as getting a new hairstyle, or a new hair color.  Or maybe you’ve always wanted to work out with a professional trainer, and your spouse thought that idea was stupid. Or maybe you want to eat better. It’s your world and you get to create it. This is your time to do all of the things you have always wanted to.

HAPPIER CHILDREN

Your divorce means that your children are no longer subjected to the day-today turbulence your marital home had. That means your children are no longer in the middle of your marital struggles and living in an unhappy home. You and your spouse may now provide your children with two positive and happy homes. 

FOCUS ON YOUR CHILDREN

Your divorce allows you to focus on your children. Perhaps you want to develop stronger relationships with your children.  Now that your focus is no longer on your marriage and/or divorce, you are free to have more meaningful time with your children. You can make your time with your children be everything you want it to be.

IN SUMMARY

Divorce is not the end of the world because it opens new pathways for you to go down. Explore those pathways and let your divorce be the start of your new life, a new beginning, and a fresh start.

HELPING PEOPLE START THE NEXT CHAPTER OF THEIR LIVES

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

At Schmitt Law, PLLC, 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. Our offices are located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

Filed Under: Collaborative Divorce Tagged With: Collaborative Divorce

What If My Spouse Won’t Cooperate? Can I Still Obtain A Divorce?

June 7, 2023 By Laurie Schmitt

At Schmitt Law, PLLC, I hear these phrases daily: My spouse won’t sign for the divorce papers or my spouse won’t sign the judgment of divorce. These are classics, and are common concerns expressed by many clients. Don’t fear. You can proceed with your divorce even if your spouse will “not sign the papers”!

CAN I FILE FOR A DIVORCE IF MY SPOUSE WON’T COOPERATE?

Spouse won't cooperate in a divorce

Yes, you can seek a divorce with or without your spouse’s permission or participation. You have the right to file for divorce in a court that has jurisdiction over your marriage. Your spouse may be telling you that they will not cooperate and therefore you can’t get a divorce. But, your spouse’s lack of consent or cooperation will delay your divorce, but not prevent it. A contentious divorce may take longer than when parties cooperate. But your divorce will be granted.

DOES MY SPOUSE NEED TO SIGN FOR THE COMPLAINT FOR DIVORCE?

NO, your spouse will not be required to sign anything when they are served with a complaint for divorce. Once your complaint for divorce is filed with the court, then it must be served on your spouse. This can be done several ways. However, if your spouse is uncooperative from the beginning, the best way to ensure appropriate service is through a process server. The process server need only hand the documents to your spouse. Your spouse does not need to sign for service, nor sign that they have accepted any of the divorce documents. 

DO I NEED MY SPOUSE’S SIGNATURE ON ANYTHING TO GET A DIVORCE?

No, you don’t need your spouse’s consent to obtain divorce! If you want to end your marriage, your spouse’s refusal to cooperate will not prevent you from getting your divorce. If you’re worried you will be unable to move forward with your divorce because your spouse will not cooperate, let me ease your mind. 

WHAT HAPPENS IF MY SPOUSE FAILS TO RESPOND TO THE COMPLAINT FOR DIVORCE?

Once the complaint for divorce has been served on your spouse, your spouse 21 days to file an answer with the court. If your spouse fails to file an answer in time, a Default can be entered with the court. The process is as follows:

  • After the time for responding has passed without an answer, a Notice of Default is filed and signed by the Clerk of Court
  • A copy of the notice of default is mailed to your spouse
  • A hearing will be set wherein you request to enter a default judgment
  • You would set a hearing date and send notice to your spouse (including a proposed judgment of divorce).
  • At the hearing, the judge will review the paperwork you’ve filed, will ask you some questions, and will ultimately issue a ruling on your divorce.

WHAT HAPPENS IF MY SPOUSE WON’T SIGN THE JUDGMENT OF DIVORCE?

If your spouse won’t sign the judgment of divorce or fails to respond to your complaint for divorce, you can request the court to enter a default judgment of divorce against your spouse. 

IN SUMMARY

Your spouse may be saying a lot of things now that you are presenting them with the possibility of a divorce. If you are confused or concerned about what your spouse may be saying about your right or ability to file for divorce and have your divorce granted, contact Schmitt Law, PLLC to discuss your options and rights.

PROVIDING SOLUTIONS FOR FAMILIES.

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

At Schmitt Law, PLLC, 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.  Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503. 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.

Filed Under: Collaborative Divorce, Divorce Tagged With: Collaborative Divorce, Mediation

What Is The Difference Between Mediation and Collaborative Divorce?

June 2, 2023 By Laurie Schmitt

MEDIATION – DEFINED 

Mediation is a process that allows you and your spouse to resolve conflict in a peaceful manner, outside of court. 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. 

KEY FEATURES OF MEDIATION

  • neutral person (mediator) helps you negotiate
  • mediator has no power to decide the case
  • informal
  • flexible
  • no obligation to hire an attorney
  • efficient—less time consuming than litigation
  • less expensive than litigation

BENEFITS TO PARTICIPATING IN MEDIATION

Collaborative Divorce VS Mediation

Mediation offers a less stressful option for you and your spouse. In the mediation process you and your spouse maintain total control over the outcome of your case. Once you and your spouse reach an agreement, the mediator will draft a mediation agreement that is binding in court.  Therefore, there both you and your spouse are locked into the agreement. And mediation can save you both time and money verses litigating your case.

COLLABORATIVE DIVORCE – DEFINED

In the collaborative divorce process, you and your spouse resolve your issues in a respectful manner, using a team approach. The team assists both of you in crafting solutions in the best interest of each of you, without involving the judge to make a final decision. In the collaborative divorce process, you and your spouse, your 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. The collaborative divorce process requires you and your spouse to commit to work together, and agree to forgo litigation.  When you and your spouse share the mindset that you want to control the end result of your divorce, and want to make decisions in the best interest of your children, the collaborative divorce process is a great solution to protracted and expensive litigation. 

KEY FEATURES OF COLLABORATIVE DIVORCE

  • spouses are represented by collaborative attorneys
  • spouses and attorneys sign a “no court” agreement (attorneys must withdraw if case goes to court)
  • spouses and attorneys negotiate in “four-way” meetings
  • attorneys may recommend involving collaborative professionals
  • informal
  • flexible
  • more efficient and cost effective than litigation

BENEFITS TO PARTICIPATING IN A COLLABORATIVE DIVORCE

As in mediation, a collaborative divorce process a less stressful way for you and your spouse. The collaborative process provides flexibility over your divorce and total control over the outcome of your case. The collaborative process is more efficient and cost-effective than litigation. And your confidentiality is protected through the collaborative process. 

DIFFERENCES BETWEEN A COLLABORATIVE DIVORCE, MEDIATION AND LITIGATION

  • The parties agree to the collaborative divorce process, and agree to resolve their    differences without court intervention.
  • The emphasis is on creating solutions that take into account each of the party’s needs and goals, and keeping the attention on the needs of their children.
  • The parties look to reach a fair and equitable settlement of all of their issues, while maintaining control of the final outcome.

WHICH PROCESS IS BEST FOR YOU?

Which process is right for you? There is no best answer for every case. Which approach to use is determined by the unique circumstances of your case, your individual preferences, and the availability of good mediators or collaborative attorneys.

HELPING PEOPLE START THE NEXT CHAPTER OF THEIR LIVES. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC, 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. Our office is located at 401 Hall St. Suite 112D, Grand Rapids, MI 49504.

Filed Under: Collaborative Divorce, Mediation Tagged With: Collaborative Divorce, Mediation

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    Laurie K. Schmitt
    Attorney, Mediator, and Collaborative Lawyer

    401 Hall Street SW
    Suite 112D
    Grand Rapids, MI 49503

    Phone: 616.608.4634

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    Laurie Schmitt of Schmitt Law, PLLC is a West Michigan family law attorney specializing in collaborative divorce as well as separation, divorce, child custody and support, paternity, and other family law litigation. She is licensed by Michigan State Bar and the U.S. District Court for the Western District of Michigan, and has extensive advanced training in divorce mediation and collaborative divorce.

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    Member in Good Standing - 2023 - Collaborative Practice Institute of Michigan

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