Collaborative Divorce

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If your license has been revoked or suspended, no driving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.

The 4 Biggest Roadblocks to Negotiating a Fair and Equitable Divorce Settlement

October 3, 2022 By Laurie Schmitt

FEELINGS. During a divorce it’s natural for you to have feelings of anger, frustration, resentment, and sadness. And if you don’t address your feelings, it makes it hard for you to move forward and make the important decisions necessary to complete your divorce. Seek a professional counselor to assist you in working through your feelings so that you can move forward, conclude your divorce, and move on with your new life.
NOT UNDERSTANDING THE TRUE VALUE OF REAL PROPERTY. There’s no reason to guess what the value of your real property may be. It’s simple…you hire an appraiser to perform an appraisal. If you believe obtaining an appraisal isn’t necessary, or too expensive, you may be leaving thousands of dollars on the table in your settlement. Why guess? Let’s get a professional to tell us what your real property is worth. An appraisal is worth every penny as it prevents you from overpaying your spouse in equity or saves you from losing thousands in your pocket.
NOT UNDERSTANDING THE VALUE OF RETIREMENT ACCOUNTS. Why would you take your spouse at their word. Or, why would you accept rough estimates of the value of your spouse’s retirement accounts. The settlement of your divorce now becomes a business transaction. And good businesspeople to not guess. Have your attorney request up-to-date statements for all of your spouse’s retirement accounts. Without exact information as to value of each account, it is impossible to reach an agreement that is fair and equitable for you.
FAILURE TO DISCLOSE. If you or your spouse are unwilling to be truthful in disclosures, it once again makes it impossible to discuss division of assets. Failure to disclose comes in many forms such as under valuing or failing to list assets on a financial affidavit. The failure to disclose assets by you or your spouse makes it impossible to arrive at a fair and equitable resolution of your divorce case.

MAKE SURE YOU ARE RECEIVING WHAT IS FAIR. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

Do you know what the value of your marital property is? Determining the value of your marital property can be one of the most complex issues in your divorce. You have the right to expect a fair and equitable property division in your divorce. Schmitt Law, PLLC has the knowledge and skill to resolve financial matters using mediation and the collaborative approach, saving you time, money, and stress. To discuss your circumstances and legal options, contact Schmitt Law, PLLC online or call (616) 608-4634 to schedule a consultation.

The Divorce Process

September 27, 2022 By Laurie Schmitt

THE VERIFIED COMPLAINT FOR DIVORCE

To start a divorce proceeding, you must file a Verified Complaint for Divorce and Summons in the county where you reside. In a Verified Complaint for Divorce the party filing the divorce (Plaintiff) will be required to state the following:

That they have resided in Michigan for 180 days or more
That they have resided in the county they are filing the divorce action in for 10 days or more
The date, city, and state where the marriage was performed
Name and birth dates of children
Date of separation (if no longer living together)
Identify any other county or state that has jurisdiction over the children
Identify any other county of state that the party has another child custody proceeding in
Identify any person not a party to the divorce who has physical custody of the children or claims legal or physical custody or parenting time rights with the children
List any information that could affect a child custody proceeding, including a proceeding for enforcement, a domestic violence proceeding, a protective order, termination of parental rights, or adoption in any state
A claim for spousal support (if you are requesting spousal support from your spouse)
A claim for attorney’s fees (if you are requesting your spouse pay for your attorney’s fees)
And that “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved”

The Verified Complaint for Divorce will be signed by the Plaintiff, in front of a notary public.

FILING THE DOCUMENTS WITH THE CLERK OF COURT

Once the Plaintiff has reviewed and signed the Verified Complaint for Divorce, the Verified Complaint for Divorce and Summons is filed with the clerk of the court, and the Summons is issued. At the time of filing, there will be a filing fee paid to the clerk of the court. This filing fee varies (a divorce with no minor children is less to file than a divorce with minor children).

THE SUMMONS

The Summons is a document that is filed with the Verified Complaint for Divorce and served on the Defendant (responding party to the divorce). The Summons notifies the Defendant that an action has commenced against them and sets forth the time limits within which the Defendant must file an answer.

The Summons also identifies the date the Summons was issued and the expiration date of the Summons. If the Summons is not served on the Defendant before the expiration date, the Summons is no longer valid.

SERVICE OF THE DIVORCE DOCUMENTS

After the Verified Complaint for Divorce has been filed with the clerk of the court, and the Summons has been issued, both documents must be served on the Defendant. Service can be in person (voluntary or by a process server) or by mail.

TIME LIMITS FOR DEFENDANT TO FILE AN ANSWER

After the Defendant is served with the Summons and Verified Complaint for Divorce they will have:

21 days to file a written answer with the court – if served personally
28 days to file a written answer with the court – if they were served by mail or served outside of the state

AFFIDAVIT OF SERVICE

After the Defendant has been served, the Plaintiff must prove to the court that the Defendant has been served with the Verified Complaint for Divorce and Summons.

The Plaintiff “proves” to the court service has been completed by filing an Affidavit or Service with the clerk of court. The Affidavit of Service shows the court the name of the person who served the Defendant, as well as the date, time, and location of service of the Defendant.

If the Defendant accepted service voluntarily, an Acknowledgment of Service must be completed and filed with the court.

DEFAULT

After the Verified Complaint for Divorce and Summons are served on the Defendant, they must file an answer with the clerk of the court within specific time limits (see “Time Limits for Defendant to File an Answer”). If the Defendant fails to file an answer within the time allowed, a default will be entered against them. After the default has been entered by the court, the Plaintiff can proceed with the divorce case, and request the court for a default judgment to be entered (after the required statutory wait period).

WAITING PERIOD

Michigan law establishes waiting periods depending on the individual circumstances.

If you do not have minor children of the marriage: There is a two-month waiting period after the filing of the Verified Complaint for Divorce has been filed.

If you have minor children of the marriage: There is a six-month waiting period after the after the filing of the Verified Complaint for Divorce has been filed.

A Judgment of Divorce cannot be entered earlier than these established times.

GRAND RAPIDS DIVORCE COLLABORATIVE 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. 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.

Divorce and Confidential Settlement Agreements

September 20, 2022 By Laurie Schmitt

To complete a divorce, a judgment of divorce must be entered with the court. Once the judgment of divorce is signed by the judge, it becomes a public record. Anyone may go to the clerk of the court and request to review and copy the documents contained in your divorce file, including your judgment of divorce.

How can divorcing couples protect their privacy? The answer: through a confidential settlement agreement.

WHAT IS A CONFIDENTIAL SETTLEMENT AGREEMENT?

Often times, parties want the provisions of their divorce agreement to remain confidential from the public. Keeping the terms of your divorce agreement private can be achieved through a confidential settlement agreement. And as the term implies, that is exactly what a confidential settlement agreement does – keeps your private life away from the public.

WHAT IS THE DIFFERENCE BETWEEN A JUDGMENT OF DIVORCE AND A CONFIDENTIAL SETTLEMENT AGREEMENT?

A judgment of divorce is a public document whereas a confidential settlement agreement is a private contract. It is important that the parties’ assets and liabilities (and division thereof) be clearly addressed. Because a judgment of divorce is public, it should never contain sensitive information such as bank account, credit card, or retirement account numbers. However, because a confidential settlement agreement is not filed with the court, it can contain this information.

HOW DOES A CONFIDENTIAL SETTLEMENT AGREEMENT WORK?

A confidential settlement agreement is a binding contract between the parties that is merged and incorporated into the judgment of divorce. This means that the actual document and terms identified within remain confidential (as the actual confidential settlement agreement is not filed with the court). The parties and their attorneys retain copies of the confidential settlement agreement. The only time that a confidential settlement agreement is filed with the court is if one party violates the terms, and the other party seeks assistance from the court in enforcing the terms.

AN ATTORNEY WHO UNDERSTANDS YOUR CIRCUMSTANCES. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC, our clients benefit from years of experience. We treat every client as an individual, taking the time to understand your unique situation, so as to best advise you on the steps you should take. Whatever stage your life is at, you can trust Schmitt Law, PLLC to guide you through the legal process with expertise and compassion, because we understand that family comes first. 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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