Archives for March 2024

Who Will Make Your Life’s Most Important Decisions?

March 25, 2024 By Laurie Schmitt

If you’re going through a contested divorce, and are unable to come to an agreement with your spouse, who are you going to leave the decision making up to? The judge?

If you’ve attempted to resolve the outstanding issues in your divorce with your spouse, and have been unable to come to a full resolution, now’s the time to balance your risk at trial. The plain truth is the judge doesn’t know what you know about your life. The judge doesn’t care as much as you do about your family. And the judge has little time to hear the smallest of details of your life. Leaving your life’s most important decisions to the judge may be unwise.

What are your options? Compromise. But what does that mean to you? It doesn’t mean give in to all of your spouse’s demands. But compromise does mean to come to an agreement by mutual concession. You need to be willing to meet in the middle by finding a resolution between your demands and your spouse’s demands. You may need to reduce your demands or change your opinion on what you believe is a fair resolution in order to reach an agreement. And ask yourself, can you live with the terms your spouse is offering? Are the terms an equitable and fair resolution of your divorce issues? It’s not about either of you walking away “happy” but walking away being able to live with the deal.

Our family law judges are overworked and have little time to dedicate to each case. They don’t know your family, and the needs of your family like you and your spouse do. And they will never know the details of your life like you and your spouse do. Compromise is the best course of action, even if you don’t like all of the outcome of your agreement. It’s about being satisfied with the outcome, not thrilled with it.

Before you give the ultimate power to the judge, stop, and consider the outcome you may receive at trial. The outcome may not be in the best interest of you, or your family. Maintain control of your future. Take a look at the issues you and your spouse don’t agree to. Are the outstanding issues really worth going to trial? Or is there still some room for movement on your part? Can you find a compromise?

And perhaps your answer to these questions is there is no more room for movement or compromise, and the judge will need to decide the outcome of your divorce. And if trial is what is necessary in your case, the judge will listen to both you and your spouse and make the decisions for you. Just remember, once you walk into that courtroom, you have relinquished all control of the outcome. Do all that you can do to come to a peaceful resolution outside of court. It most cases, settlement is better than trial.

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

Divorce is a painful and emotionally stressful time for everyone. 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. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

How Does The Supervised Parenting Time Process Work?

March 22, 2024 By Laurie Schmitt

Have you or the other parent’s time with the children been ordered to be supervised? If so, the following explains how the supervised parenting time process works in Grand Rapids, Kent County, Michigan.

HOW DO YOU REQUEST SUPERVISED PARENTING TIME?

One parent will be required to file a motion with the court requesting the judge enter an order requiring the other parent’s parenting time be supervised at an agency. If the judge agrees with your request, an order is prepared by the judge.

WHAT AGENCIES ARE AVAILABLE IN GRAND RAPIDS, MICHIGAN?

In Kent County, there are two supervising agencies: Journies, Inc. and Safe Connections. Either parent may request either agency. Or, either parent may request both agencies be used simultaneously. If both agencies are used simultaneously, then the parent with supervised visits may exercise parenting time at each agency, each week.

JOURNIES, INC.

If you are referred to Journies, Inc., your parenting time will be for one hour every week, depending on the availability of the parents and Journies, Inc. Payment for these visits can be assisted with the use of a grant. However, the judge must sign an order of “Access and Visitation Grant”, authorizing the grant to be used. The grant will pay up to $800, if funding is available. Payments for visits can be court ordered as follows:

$30 per hour from either parent, with $30 per hour from the grant
$15 from each party and $30 from the Grant
Other: whatever the judge believes to be appropriate

If grant funding is no longer available, payment will be as follows:

100% payment from father
100% payment from mother
50% from each party

SAFE CONNECTIONS

If you are referred to Safe Connections, all supervised parenting time will be according to the frequency and direction determined by the YWCA (typically one hour each week). Application of a sliding fee schedule will be applied by the YWCA to determine the cost of this service, to be paid in advance of each parenting time session. Safe Connections will work with both parties to determine the parenting time schedule based on the availability within the program schedule.

Safe Connections also offers safe exchanges for parenting time, meaning they assist in the exchange process for the purpose of keeping all parties safe during the exchanges of the child(ren).

ARE THERE OPTIONS FOR SUPERVISED PARENTING TIME?

Yes, you can ask the court to grant your request for supervised parenting time. However, supervised parenting time doesn’t have to be at an agency. You and the other parent can agree on a supervisor such as a family member, or mutual friend, and then all parenting time would be supervised by the selected third party. This saves you and/or the other parent from paying an agency to supervise the visits. And using a family member or friend allow for flexibility for the parent in visitation days and times.

If you believe supervised parenting time should be ordered in your case, contact Schmitt Law, PLLC to discuss your concerns.

HELPING FAMILIES MOVE FORWARD.

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

When confronted with any family law matter, there are personal and financial issues unique to each individual and family. In an effort to achieve the best possible outcome, we are committed to providing you with accurate information, outlining your options and providing thorough, effective and efficient representation. At the initial consultation, we will seek to understand your personal needs and your family’s needs, to help you move forward.

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 Street SW, Suite 112D, Grand Rapids, MI 49503.

Do You Need Assistance Drafting Your Divorce Documents?

March 18, 2024 By Laurie Schmitt

If you’re contemplating filing for divorce in Kent, Ottawa, Allegan, Barry, Ionia, or Montcalm County, SCHMITT LAW, PLLC can assist you. SCHMITT LAW, PLLC offers assistance in drafting, filing, and serving your divorce documents, and assistance with preparing mandatory financial disclosures.

WHAT SERVICES DOES SCHMITT LAW, PLLC PROVIDE:

DOCUMENT PREPARATION

Preparing on your behalf a Summons, Complaint for Divorce, Record of Divorce, Uniform Child Custody Jurisdiction Act Affidavit, Verified Statement and Application for IV-D Services, and all other documents reasonably necessary to initiate the action.

FILING

Filing documents with the appropriate county Clerk of Court

SERVICE OF PROCESS

SCHMITT LAW, PLLC will assist you in filing your divorce documents with the Clerk of the Court and have your spouse served through a professional process server. This service is only available if you are able to provide an exact address for your spouse.

FINANCIAL DISCLOSURES

Financial Disclosures: Assisting you with required financial disclosures in your divorce case. This service includes receipt, review, and organization of disclosures, drafting your Domestic Relations Verified Financial Information Form, filing a proof of service with the court, and preparing the documents for mailing to your spouse.

WHAT IS THE BENEFIT TO USING OUR SERVICES?

If you are trying to file your divorce documents on your own, it’s easy to become overwhelmed. With SCHMITT LAW, PLLC drafting your documents, you will have the confidence of knowing you are filing the correct documents, know your documents have been completed correctly, and have been filed with the court correctly. SCHMITT LAW PLLC guarantees their work. If your divorce documents are not accepted by a clerk of court because of a drafting error, SCHMITT LAW, PLLC will amend your documents at no charge.

ASK ME ABOUT MY LIMITED SCOPE LEGAL SERVICES

We invite you to call Schmitt Law, PLLC to learn more about how we can assist you through our Limited Scope Legal Services. We offer limited scope services on a flat rate basis, and you pay when the legal service is provided. Therefore, there are no future invoices, or hefty retainers to be paid up front. You simply pay as you go, and only pay for the services you really need. No surprise invoices – just clear prices defined before we get started. Please contact Schmitt Law, PLLC online or call (616) 608-4634 to discuss pricing of any of our Limited Scope Legal Services. Whenever you are ready, we are here for you.

Our office is located at 401 Hall St. S.W., Suite 112D, Grand Rapids, MI 49503.

How Do I Tell My Spouse I Have Filed For A Divorce?

March 13, 2024 By Laurie Schmitt

How should you tell your spouse you want a divorce? Of course, this varies from person to person. And only you really know the right way and time to have this discussion with your spouse. But…

When you tell your spouse you’re going to file for a divorce, or have already filed for a divorce, it doesn’t need to be conveyed with hostility. In fact, you should respect how this information may be hard for your spouse to hear, and they will need time to process it. Even if you and your spouse have talked about divorce for some time, the fact you have now taken real action may come as a shock or surprise.

So, what should you say to your spouse if you are ready to end the marriage? Only you know how to talk to your spouse, and only you can select the right words.

The following is a guideline on what (or how) to tell your spouse you want a divorce:

I want you to know I have retained an attorney

And I will be (or have) filed for divorce

We are no longer going down the same path

And in both of our best interests (and the best interest of our children), it’s time to part ways

This is not to say we haven’t had some very good times in our marriage

And of course, I loved you and valued our relationship

However, it’s now time that we go our separate ways

Just remember, you set the tone in your divorce process in how you tell your spouse you want a divorce. You can be kind or cruel in this conversation. You have total control of how you want to start your divorce. Starting the process with respect to the years invested in your marriage can go a long way to making your divorce less stressful.

WHEN TO TELL YOUR SPOUSE YOU WANT A DIVORCE

They say timing is everything. Do you tell your spouse before you file for divorce? Do you tell your spouse after you have filed for divorce? Does it really matter when you tell your spouse?

It does matter when you tell your spouse you want a divorce. The notice you are filing or have filed for divorce should come from you first. Divorcing with respect to the marriage, and what this relationship meant to you over the years, doesn’t mean you should blindside your spouse. Don’t let the first time your spouse learns of the divorce filing be when they are served with divorce papers. If you want to set a positive tone for your divorce process, you should be the one to inform your spouse you have filed for divorce. You owe it to your spouse to tell them you have taken action and that they will be served (or mailed) divorce documents.

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

If you are contemplating or in the process of a divorce or separation, contact the Michigan divorce attorney, Schmitt Law, PLLC. We understand family law matters often involve complex relationships and dynamics that can enhance decision-making stress. We provide clients with the security to approach these challenges with confidence. Our dedicated attorney will provide clients with individualized attention and strategic case preparation to address all parts of their cases. We invite you to 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 St. SW, Suite 112D, Grand Rapids, MI 49503.

Archives for March 2024

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