Collaborative Divorce

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.

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!

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.

Separate Maintenance: An Alternative To Divorce

October 19, 2022 By Laurie Schmitt

If you are not prepared to file for a divorce, there is an alternative. In the State of Michigan, you may file to obtain a legal separation. This process is called “separate maintenance”.

The Difference Between Separate Maintenance And Divorce?

The procedure for obtaining a Judgment of Separate Maintenance in Michigan is practically the same as the procedure for a divorce. The difference between a divorce and a Separate Maintenance action is when a Judgment of Separate Maintenance is entered you are divorced from everything except the bounds of matrimony.

Can I Remarry If I Obtain A Judgment Of Separate Maintenance?

If you have a Judgment of Separate Maintenance in Michigan rather than a Judgment of Divorce, you cannot remarry (as you remain legally married to your spouse).

What Happens If I Obtain A Judgment Of Separate Maintenance And Now Want A Divorce?

If you receive a Judgment of Separate Maintenance in Michigan and then later decide you do want a divorce, you will need to file a new case for a divorce. If during the separate maintenance action, the Defendant request the court for a divorce, the case will be changed to a divorce action, and will proceed and be completed as a divorce action.

Why Would I Want A Separate Maintenance Judgment Rather Than A Judgment Of Divorce?

There are several reasons for deciding to file for separate maintenance over filing for divorce. Religious, moral, or economic reasons can all influence your decision. The ability to maintain insurance coverage, retain military benefits, and retain tax benefits are all considerations when determining what option is best for you.

RELIGIOUS REASONS: Some people may fear being ex-communicated from their church if they were to divorce, so they may choose to use the Separate Maintenance procedure instead of a divorce.
HEALTH CARE REASONS: If a party has health concerns and requires continuing medical insurance, but if they divorced their insurance would terminate, they may use the Separate Maintenance procedure to be able to continue on their spouse’s health insurance. Note that it is becoming more frequent that employers are considering a Separate Maintenance Judgment to have the same terminating effect as a divorce with respect to health care benefits.

What Can Be Determined In A Separate Maintenance Action?

A separate maintenance action is similar to a divorce action wherein property, debts, child custody, child support and parenting time are determined by the court. The difference between divorce and separate maintenance is that after the completion of the separate maintenance action, you remain married to your spouse.

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

We understand that filing for separate maintenance 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 a separate maintenance action that promotes positive communication and cooperation. Through mediation or the collaborative process, Laurie guides her clients through amicable 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.

LIMITED SCOPE LEGAL SERVICE

October 17, 2022 By Laurie Schmitt

There are times when you simply don’t require the services of an attorney throughout your entire family law case. Or, perhaps you are unable to financially afford the required retainer. It may be that you may only need help knowing the relevant law regarding a specific family law issue, or you may simply need assistance drafting documents.

With Schmitt Law, PLLC’s Limited Scope Legal Service, you are contracting for specific services, rather than hiring Schmitt Law, PLLC to represent you through the entire case. What this means to you is that you pay for only the services you need. You will know how much the legal service will cost before you start, be given a clear price before the works begins, and only pay for the service you are provided. And, you are free to meet with our office as often as you require.

WHAT IS INCLUDED IN A LIMITED SCOPE SERVICE?

At Schmitt Law, PLLC, we offer Limited Scope Legal Service to include the following:

Evaluating and assessing your legal situation, and providing in-depth legal advice based off the current law in the State of Michigan.
Providing procedural information regarding filing and serving of court documents.
Reviewing court documents prepared by you or the opposing party/counsel.
Suggesting documents for you to prepare.
Drafting documents for you to file, including complaints for divorce, complaints for custody or parenting time, motions, answers, hearing notices, and other documents you may require.
Advising you as to what to expect in your court appearance.
Preparing you for your court appearance.
Preparing you for a Friend of the Court evaluation.
Helping you evaluate settlement offers.
Assisting you in responding to settlement offers.
Preparing Judgments of Divorce, child support orders, deeds, qualified domestic relations orders, and other documents related to the completion of your divorce.

LIMITED SCOPE LEGAL SERVICE

Schmitt Law, PLLC offers limited scope services on an hourly 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.

GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, AND OUTLYING COUNTIES.

Laws surrounding family law can be complex. We invite you to call Schmitt Law, PLLC to learn more about how we can assist you through our Limited Scope Legal Services. For skilled legal guidance, contact Schmitt Law, PLLC online or call (616) 608-4634 to arrange a consultation.

How to Navigate the Financial Issues During the First Days of Your Divorce

October 6, 2022 By Laurie Schmitt

You’ve decided to file for a divorce. What financial issues should you be most concerned with during the first few days of your divorce process? Before you file, strategically lay out a plan with your attorney as to how you will handle the finances, and protect the assets of the marriage.

The following are financial issues that should be addressed before (or closely after) you have filed for your divorce.

DO NOT ADD TO YOUR DEBT: Make sure you and your spouse do not acquire new marital debt. It’s hard enough to address division of debt in a divorce, without new debt being created. You certainly do not want more debt to be acquired during the divorce, unless both you and your spouse agree that new debt is necessary.

PRESERVE YOUR CREDIT: Make sure all marital debt is being paid, and being paid on time. Come to a written agreement with your spouse as to how the marital debt will be paid. If you are unable to come to a written agreement, then seek a court order to establish how the marital debt will be paid. It is imperative that this written agreement or court order is signed at the onset of the divorce to ensure on-time payments of the marital debt. You do not need to destroy your credit during the divorce process with failure to pay or late payments.

PROTECT YOUR ASSETS: Even if you and your spouse are getting along, it’s best to enter into a stipulated mutual restraining order to protect your assets and liabilities. If you are unable to agree, your attorney should obtain a mutual restraining order when your divorce case is filed. A mutual restraining order provides protection to both parties by 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. A mutual restraining order will protect anything you require it to protect, and can be drafted to meet the specific needs of the parties.

KEEP FINANCES STATUS QUO: The goal is to keep your finances status quo until a temporary or permanent written agreement can be reached. Parties should enter into a temporary order on how the finances will be handled (what bills will be paid, when will they be paid, and who will pay them) until a final agreement can be reached in the divorce case.

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

If you filed for divorce, or are considering filing in the near future, contact the Michigan family law attorney at Schmitt Law, PLLC. We have extensive experience handling all types of Michigan divorce cases and the related issues that frequently come up in the divorce process, including spousal support, child custody, and child support. We provide custom-tailored legal advice and solutions for clients. To learn more about how we can help you through the divorce process, contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

Collaborative Divorce

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