Laurie Schmitt

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.

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 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!

Preparing To Attend Family Law Court and Everything You Need To Know

October 31, 2022 By Laurie Schmitt

Your trial (or hearing) is close…what do I need to do to prepare? Whether you choose to represent yourself of retain an attorney, Schmitt Law, PLLC offer the following tips to prepare for your court hearing.

PREPARE WITH YOUR ATTORNEY

In order to prepare for trial, you should be meeting with your attorney. Your attorney should review your testimony questions with you. These are the questions they intend to ask you when you are on the stand. This assists the attorney in getting the facts straight. It also helps you in knowing in advance what is going to be asked, allowing you to prepare appropriate answers. This does not mean your attorney is going to feed answers to you. It means that if the attorney knows how you are going to respond, then they are not surprised at trial. It also means that it gives you time to think about your answers before you must testify. Through this preparation process your attorney can assist you in the best way to answer difficult questions that may be presented (from either your own attorney or the opposing attorney). It will make you far more comfortable when you must take the stand.

BE PROFESSIONAL

If the judge asks you a direct question, be polite and courteous and answer their question. After all, this person is making life decisions for you. You want them to like you. Also, be mindful of your facial expressions (no matter what is being said). If you hear something that is not true, angers you, or places you in a bad light – stay calm. And never interrupt opposing counsel or the judge. You will be given your chance to speak and respond.

BE TRUTHFUL

The most important point to remember while you are on the stand presenting your testimony is this…you have taken an oath to tell the truth. So, never lie. Always tell the truth, even if the truth does not present you in the best light. Judges appreciate truth over tall tales. If you lie on the stand, and it is proven that you have lied (meaning you are impeached), you will lose all credibility with the judge. And there is no going back from a lie told under oath.

FIRST IMPRESSIONS ARE IMPORTANT

You want to make a good impression when you attend court, as you want the judge to believe you are credible. Dressing appropriately is advised, as clothing mistakes in court can lead to the judge forming opinions about you that may or may not be correct. You are not required to wear a suit, or expensive clothes – just use your common sense when selecting what to wear. The key is to look neat and professional. It is suggested that men wear dress slacks, a button-down long sleeve shirt and a tie. Women should wear a skirt and blouse, or dress slacks and blouse or sweater. Your clothing does not need to be fancy, just appropriate for court. Remember, the judge looking at you is making a judgment call about you and your case, and making decisions that may significantly impact your life. After all…first impressions are everything!

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

Is It Time To Revisit Your Parenting Time Plan?

October 27, 2022 By Laurie Schmitt

It may have been years since your last order establishing parenting time was entered by the court. The children are getting older, and/or things have changed in your life, and your parenting time plan no longer makes sense for the children or for you. If this is the case, it may be time to revisit your parenting time plan.

When you originally established your parenting time plan, the children were younger. Now, they may be in high school, may be driving, may have part time jobs, or may be involved in extra-curricular activities. And your parenting time plan does not account for these changes in life.

Perhaps when your order for parenting time was entered, your situation was different than it is now, and you are in a better place to exercise more parenting time. Or, you or your ex have moved, and your existing parenting time plan does not work for either of you or the children.

Or, you and your ex have voluntarily been deviating from your original order, and you want a new order that reflects these changes.

If you and your ex are able to agree on a new parenting time plan, you can enter into a stipulated order (an order in which both parents agree to the terms). It is then signed by the judge, and replaces the original order. If you are not able to agree, parents have the right to request the court to change their parenting time orders, if it is in the best interest of the children.

If you have questions about your right to request the court to make changes to your existing parenting time order, contact Schmitt Law, PLLC.

EXPERIENCED CUSTODY ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

We understand that parenting time issues 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 journey. At Schmitt Law, PLLC we encourage clients to take a more collaborative approach that promotes positive communication and cooperation. Through mediation or the collaborative divorce process, Laurie guides her clients through amicable parenting time 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.

Why Must Parents Be Disrespectful With One Another?

October 24, 2022 By Laurie Schmitt

Lately, there have been an overwhelming number of clients that have shared with me that every conversation, communication, and interaction with the other parent includes one or all of the following: swearing, name calling, arguing, obstructionist/undermining behavior, or outright tirades.

Why must these negative interactions take place? What is gained by acting this way? And what can you do if it is happening to you?

If you are at your wits end because every encounter with the other parent is a struggle, the following tips may be helpful:

Limit how you will communicate with the other parent: via email or text only.
Limit what you will respond to: only important and necessary subject matters related to the children.
In a moment of anger, do not engage in reciprocal negative communication.
Take control. You decide when you will respond to the other parent. There is no rule that you must respond immediately to someone who is acting inappropriately. Take a moment, calm yourself, and respond only to what is necessary. This may mean that you respond several hours later, the next day, or not at all if no response is necessary.
If the behavior of the other parent is completely out of control, request the court for an order requiring all communication to take place through Our Family Wizard. Our Family Wizard is an online service that allows you to communicate with the other parent regarding parenting time, exchanges, appointments and schedules of the children, and to request expenses to be paid. It takes the stress out of unwanted and unexpected emails, texts, and calls from the other parent. And, all communications are documented and can be used later in court, if necessary.

Unfortunately, some parents refuse to see the value in effective co-parenting, and refuse to be respectful in their dealings with the other parent. Know that you will never change their behavior. But you can take back some control and change how you react.

EXPERIENCED CUSTODY ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

If you are experiencing ineffective co-parenting with the other parent, contact Schmitt Law, PLLC to discuss what your options may be. At Schmitt Law, PLLC we are experienced in family law cases involving visitation and custody. Over the years, we have successfully represented hundreds of clients in complicated cases. For skilled legal guidance, contact Schmitt Law, PLLC online or (616) 608-4634 to schedule a consultation.

Laurie Schmitt

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