Archives for August 2023

Co-Parenting – What’s In It For You?

August 28, 2023 By Laurie Schmitt

Why is it important to you to co-parent? What do you gain from effectively co-parenting with your ex? What’s in it for you?

The most important (and obvious) reason to effectively co-parent with your ex is that your children are watching your behavior. They are analyzing how you handle issues with your ex. They learn by your example. And the lack of effective co-parenting takes its toll on your children.

Your children are depending on you and your ex to be their role models. Two adults arguing over trivial issues presents a pitfall spectacle. You and your ex should be aware of the example you are setting and the lessons your children will learn from your constant arguing. And that lesson to your children is that adults should turn minor disagreements into a war.

Note that effective co-parenting is for the benefit of the children. When you co-parent with your ex, keep in mind how wise and generous decisions will affect the future and benefit of your children. And the benefits to your children include children that don’t feel they are in the middle of your war, and children that have fond memories of their childhood because they are left out of adult wars. As your children should come first and foremost to both you and your ex, co-parenting should be second nature.

It’s not easy trying to co-parent with the very person who you divorced. There’s so much history, and it may not all be good history. But everything is not about you, your ex, or your divorce. It’s no longer about what brought you and your ex to end your marriage. It’s about the best interest of your children.

All too often, family law practitioners must educate clients on matters that should seem common sense to parents. Matters such as the importance of co-parenting, and how to effectively co-parent. And it’s a shame that people must receive common sense advise from attorneys. Or worse yet, hear it from a judge.

So next time you and your ex disagree on an inconsequential issue, stop and think about what’s best for your children. How will getting into a war positively impact your children? And is the outcome that your ex is suggesting good for the children? If so, why start a war. To summarize, be better parents when the occasion calls for it.

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

At Schmitt Law, PLLC we encourage clients to take a more collaborative approach to divorce and post-divorce matters that promotes positive communication and cooperation. 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 and post-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. Contact Laurie at (616) 608-4634 to schedule a consultation to discuss the collaborative divorce process and how it can benefit you.

What Is The Process For An Uncontested Divorce In Michigan?

August 21, 2023 By Laurie Schmitt

The following is a step-by-step guide on how to obtain an uncontested divorce in Michigan:

RESIDENCY REQUIREMENTS

Before you can file for a divorce in Michigan, you or your spouse must have lived in the state for at least 180 days. Also, one spouse must have lived in the county where the divorce papers are filed for at least ten days.

COMPLETE THE DIVORCE DOCUMENTS

You can obtain the divorce documents from the courthouse in the county in which you reside. Or, some counties have the divorce documents available to complete and file online. All parties that are filing for divorce will need to complete a Summons, Complaint for Divorce, and Record of Divorce. If you have minor children of the marriage, you will also need to complete and file a Uniform Child Custody Act Affidavit, Verified Statement and Application for IV-D Services.

FILE YOUR DIVORCE DOCUMENTS WITH THE COURT

You must file your divorce in the county in which you have resided for the last 10 days. When you file your divorce documents, you will be required to pay a filing fee to the clerk of court.

SERVICE OF THE DIVORCE DOCUMENTS

Your spouse must be served with the divorce documents that were filed. The following are your choices for service:

Your spouse may accept service voluntarily. If they do so, they must complete the acknowledgement of service section found on the second page of the Summons.

Any person over the age of 18 (and not a party to the case) may service your spouse. This means you are not allowed to serve your spouse. Once that person has served your spouse, they must complete the Affidavit of Service section found on the second page of the Summons.
You may hire a process service to complete service. You will be responsible for payment of the process server’s fees.
You may serve your spouse through certified mail. Once you have the return card back from the post office, you must file that card with the clerk of court.

FILING AN ANSWER

Your spouse will have 21 days to file an answer to the Complaint for Divorce (28 days if served by mail).

COMPLETE AND EXCHANGE FINANCIAL DISCLOSURES

The Michigan courts require you to provide full disclosure of your financial situation. You and your spouse must each complete the Domestic Relations Verified Financial Information Form (to be signed in front of a notary). The Domestic Relations Verified Financial Information Form is not filed with the court but must be exchanged between the parties.

COMPLETING THE JUDGMENT OF DIVORCE

As you are going through an uncontested divorce, it is assumed you and your spouse are not contesting any issues of your divorce such as custody, parenting time, child support, or property/asset/debt division. You and your spouse must agree on all matters of your divorce and complete a Judgment of Divorce outlining your agreements. Once you have this completed, you can move on to setting the final hearing.

MANDATORY WAITING PERIOD

If you and your spouse do not have children together, there is a two-month waiting period before the court can finalize your divorce. If you do have children together, there is a six-month waiting period. This waiting period begins on the day that the complaint for divorce is filed with the court.

SCHEDULE THE FINAL HEARING

Once you and your spouse have signed the Judgment of Divorce, a final hearing can be scheduled. Because hearing date availability can be weeks out, you should contact the court as soon as you both have signed the Judgment of Divorce. Even if your mandatory waiting period has not passed, you can schedule the final hearing. But the actual final hearing date must be on or after the mandatory waiting period. Once you have obtained a final hearing date from the court, you will need to complete a notice of hearing and proof of service. The original documents must be filed with the court, and copies mailed to your spouse.

ATTEND THE FINAL HEARING

At the final hearing, the person who filed the complaint will be required to answer a few questions from the judge. After that, the judge may review your agreement, ensure the terms of the divorce are fair and equitable, and the judge will sign a judgment of divorce.

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

If you need to know more about a Michigan divorce, including how to file for a divorce, contact an experienced attorney, Laurie Schmitt at Schmitt Law, PLLC. At Schmitt Law, PLLC, we are here for you each step of the way in your divorce. From planning your first steps, to approaching your separation, to helping you understand your rights, to signing the final documents. We can help you navigate the separation and divorce process.

Schedule your consultation today with a dedicated attorney. We look forward to speaking to you and being your advocate during this crucial time in reframing your life. Contact Schmitt Law, PLLC online or call (616) 608-4634 to arrange a consultation. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

How Is A Paternity Case Different Than A Divorce?

August 14, 2023 By Laurie Schmitt

THE LEGAL SIDE OF A PATERNITY CASE

Parents who were not married to each other at the time their child was born will be required to establish paternity. Parents who were married at the time their child was born are not required to establish paternity, as it is automatically established through the marriage. Parents can voluntarily acknowledge paternity by executing an affidavit of parentage. If one parent does not want to sign the affidavit of parentage, either parent may file a motion with the court to establish paternity.

THE EMOTIONAL SIDE OF A PATERNITY CASE

LACK OF TRUST

Parents who were not married to each other when their child was born may not have a significant relationship with each other, may not have lived together, and therefore may have no trust relationship with each other. In some cases, the parents may know very little about each other. This causes a distinct issue in paternity cases. When parents are married, they build a trust relationship. They know each other’s strengths and weaknesses as a parent. In a paternity case, there are different emotions to address. There may be no real relationship with the other parent, and this may lead to one parent believing the other parent is not equipped to appropriately care for the child. The lack of trust between the parents can also cause issues such as the belief that one parent can micromanage what takes place at the other parent’s house.

THE MOTHER’S VIEWPOINT

Mothers may feel that the father was not there during her pregnancy, or absent during the first months of the child’s life. They have resentment that the father is now stepping forward saying they want parenting time. The mother feels that they have been the primary caretaker for the child. Months or years of the child’s life could have passed, and now father says he wants to be an active part of the child’s life. Or, the father says he wants to be a part of the child’s life, the mother encourages the relationship, and father is not consistent with his relationship with the child. Therefore, mothers often question the fairness of fathers being awarded time with the child when they have been unwilling to voluntarily be a part of the child’s life.

THE FATHER’S VIEWPOINT

Fathers feel that the mother controls every aspect of the child’s life, to include whether they get to see the child, and if so when. Fathers feel that they have no access to the child and that any parenting time between the father and child is at the mercy of the mother. Fathers feel they have no say in the child’s life. It’s true that until the father has a court order determining parentage and parenting time, the mother has sole legal and sole physical custody of the minor child. Until a father is willing to step forward and establish his paternity, the mother remains in total control. The court will gladly address parentage, custody, and parenting time for fathers. But the father must be proactive and take action with the court. Fathers also believe courts are against them, and that the mother automatically gets everything she asks for in court. This simply is not the case. The family court is a court of equity and will make decisions in the best interest of the child when determining custody and parenting time.

SEEK LEGAL ASSISTANCE FOR YOUR PATERNITY CASE. GRAND RAPIDS FAMILY LAW ATTORNEY SERVING KENT, OTTAWA, BARRY, AND ALLEGAN COUNTY.

Paternity cases can be a frustrating for both parents. And paternity in Michigan is a complicated procedure with long-term implications. It’s important to understand your rights and duties so that you will be in the best position to move forward during and after you establish your parentage. Advice from an experienced family law attorney can make all the difference in your outcome. At Schmitt Law, PLLC, we work to ensure that our clients have the information and guidance they need to make the right decisions for their family and their future. 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.

Back-To-School Co-Parenting

August 7, 2023 By Laurie Schmitt

Once again, you find that your children’s summer vacation is coming to an end. And it’s time again to get your children ready to return to school. So how can you and your ex make your children’s return to school easier? By effectively co-parenting. And what does that mean?

The following is a short list of decisions that you and your ex can make together to make your children’s transition to school easier:

Are the children changing schools and need to be enrolled? If so, who will be responsible for enrollment?
Are both of you in agreement to change the school of your children? If not, have you filed a motion with the court seeking a change in schools?
Will the children’s school have an orientation? Are both of you aware of the date? Have you agreed on who will be attending the orientation?
Who will shop for school clothes, backpacks, and other school related necessities?
How will the cost of these items will be divided?
If you’re exercising a summer parenting schedule that differs from the school year, when will you and our ex return to the school year parenting time schedule?
When will you start transitioning the children to a school time evening routine and bedtime?
Are you and your ex willing to abide by a specific bedtime that will be upheld at both of your homes?
Do your children need a haircut before school starts? If so, who will take them and who will pay for it?
Do the children need to see the doctor or dentist before school starts? If so, who will schedule and take them to these appointments?
Do the children want/need to be enrolled in extra-curricular activities? If so, who will be responsible for enrollment and who will pay for it?
Are both of you in agreement to the children being enrolled in extra-curricular activities? If not, have you filed a motion with the court to resolve this issue?

What other child related issues do you encounter with your ex when you’re getting the children ready for the new school year to start? By having a discussion with your ex in advance, you can make the back-to-school process smoother for your children, and yourself, by preventing the battle before it begins. If all else fails and you and your ex are unable to come to agreements regarding major decisions, it may require court intervention to resolve the issues. If this is the case, you need to allow yourself enough time to file a motion and be heard by the court.

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.

Archives for August 2023

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