Mediation

A Successful Divorce Mediation

August 9, 2022 By Laurie Schmitt

Mediation is set in your divorce case. How do you set yourself up to have a successful mediation? Here are the top tips to ensure you make the most of your time and money at mediation:

COMPROMISE AND CONCESSIONS ARE NECESSARY.

If neither you nor your spouse are willing to move from your point of view, your case will inevitably end up in the hands of the judge. Remember, mediation is a voluntary process wherein you and your spouse maintain total control of the outcome of your divorce. You own the process and own the outcome.

BE PREPARED.

Have your financial documents with you at mediation. Remember, it’s impossible to resolve financial issues without written documentation. Be prepared to show the mediator and your spouse through statements. Don’t expect them to believe it just because you say so.

BE REALISTIC WITH YOUR EXPECTATIONS.

Set your goals appropriately. Remember, there is never a time that just one-party walks out of mediation with everything they set out to get.

BE COOPERATIVE, NOT COMPETITIVE.

Look for your common shared interests. Look for the win/win.

BE OPEN MINDED.

Be prepared to listen to your spouse and consider their point of view. An agreement today can result in improved capacity co-parent in the future. Once again, a win/win.

DON’T PLAY THE BLAME GAME.

The mediator doesn’t want or need to know the details of why you are seeking a divorce. The mediator is a neutral third party assisting you in getting to a resolution. The “what happened during our marriage” conversation is not necessary.

GET YOUR HEAD IN THE GAME.

Enter into mediation with the mindset you are here to fully engage in the process, to get resolution in your divorce, and to walk out of mediation starting your new life.

WATCH YOUR WORDS AND YOUR TONE.

If your true goal is to reach settlement, then be careful what you say and how you say it. This is not marriage counseling, a trial, or the time to hash out your differences.

Mediation empowers couples. Set aside your anger and frustration, your need to win, and your need to blame. If you are able to do so, you will walk out of mediation with a durable agreement that satisfies both you and your spouse. And, you will have maintained total control of the outcome of your divorce. Parties who reach their own agreement are much more satisfied than parties who hand the power over to the judge.

DIVORCE AGREEMENTS BASED ON FAIRNESS

When attorneys listen to their clients and work together to create a fair settlement, contested divorces can be effectively settled through negotiations and alternative dispute methods. When possible, Schmitt Law, PLLC focuses on resolving divorce and child custody matters through mediation or collaborative divorce methods. These alternative dispute methods allow you to have complete control over the outcome of your future.

Contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

What is a Pre-Filing Strategy Meeting?

August 5, 2022 By Laurie Schmitt

After the consultation, many clients contact Schmitt Law, PLLC for a pre-filing strategy meeting. What is a pre-filing strategy meeting and how can it help you?

WHAT IS A PRE-FILING STRATEGY MEETING?

A pre-filing strategy meeting is more in depth than an initial consultation. Consultations are broader in nature, whereas pre-filing strategy meetings focus on specifics…what you should do to prepare for your divorce filing.

WHAT DO WE TALK ABOUT IN A PRE-FILING STRATEGY MEETING?

These conversations are designed to meet the individual needs of each client. We may discuss financial issues, how to protect your assets, and other topics of concern to the client.

Most of all, we talk about what matters most to you – what your greatest concerns are.

HOW CAN A PRE-FILING STRATEGY MEETING HELP YOU?

In a pre-filing strategy meeting, we will outline what you should be doing before the divorce filing, and how you can avoid pre-filing mistakes that may harm you later in your divorce. It’s better to start your divorce on the correct foot, than to pay the price in front of judge for making a bad decision before filing.

CAN I/SHOULD I?

Clients have many questions about what they can or should do before filing for a divorce. Many of these questions require more information than can be covered in an initial consultation. That is why a pre-filing strategy meeting is valuable.

The following are examples of questions presented to Schmitt Law, PLLC in a pre-filing strategy meeting.

Before filing the divorce …. “CAN I/SHOULD I”:

Buy a new car?
Withdraw money from retirement accounts?
Change beneficiaries on life insurance policy?
Remove your spouse from your health insurance policy?
Sell real property and retain the proceeds?
Sell personal property and retain the proceeds?
Give personal property to friends and family?
Continue using credits cards?
Open new credit cards?
Change employers, reduce, or increase my hours, or quit?
Pay off debts that are solely in your name?
Take out loans?
Refinance the marital home?
Take out a home equity loan?
Do major renovations in the marital home?
Clean out the house and garage – downsize the junk?
Have a garage sale?
Donate household items?
Make changes to my tax withholding’s or retirement deductions?
Purchase a new house?
Move into an apartment?
Move and take the children?

If you find yourself prepared to move forward with your divorce, and have concerns as listed above, a pre-filing strategy meeting may be valuable to you.

EXPERIENCED DIVORCE ATTORNEY

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. To get started today, book a consultation online or by calling Schmitt Law, PLLC at (616) 608-4634. Whenever you are ready, we are here for you.

What You Should Expect From Your Attorney

July 5, 2022 By Laurie Schmitt

You find yourself in a position that requires services of an attorney. You have never retained an attorney before now, and do not know what to expect after you have done so.

The following are quick guidelines of what you should expect once you have retained an attorney.

COMMITMENT TO YOUR CASE

That the attorney meets the deadlines set in your case, and does so on time
That the attorney is present and on time for your court hearings (whether these hearings are in-person or via Zoom
That the attorney is prepared for your hearings
That the attorney has prepared you for what may take place at your hearings
That the attorney has integrity and candor when addressing the court

COMMUNICATION

That the attorney responds to you within a reasonable amount of time
That you are allowed to talk directly to the attorney and not always their staff
That the attorney conveys and explains all offers to you that they receive
That the attorney informs you of the most effective way to communicate with them (email, text, or telephone)
That the attorney keeps you informed by providing you with status updates of your case

HONESTY

That the attorney explains your rights as the Michigan law provides
That the attorney explains your risks at trial as it pertains to the specific facts of your case
That the attorney answers your questions with the truth, and not just with what you want to hear
That the attorney is willing to discuss the cost of each course of action that may be available to you
That the attorney is willing to address the “tough questions” you present to them

FAIR AND TIMELY BILLING

That the attorney provides you with monthly invoices
That their invoices clearly explain the legal service provided
That their invoices show the time spent on each legal service provided
That the attorney is willing to answer any questions regarding their invoices
That their invoices clearly show you what you have paid to date, and your remaining trust balance (or what you currenly owe)

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

If you find yourself in a family law case, contact the Michigan family law attorney at Schmitt Law, PLLC. We have extensive experience handling all types of Michigan family law cases including divorce, paternity, child custody, spousal support, 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.

Personal Property Disputes – Are They Worth It?

June 17, 2022 By Laurie Schmitt

One of the most challenging aspects of divorce can be the division of personal property. Often times the parties are able to work together to divide their personal property. The challenge begins when parties are unable to come to an agreement regarding the division of their property.

At Schmitt Law, PLLC, we educate clients that personal property disputes can be costly; exceeding the value of the actual personal property is dispute. We strongly suggest that clients look at the cost-benefit analysis of their dispute: what is the value of the property in dispute (how much would it cost to replace the item) versus the attorney’s fees associated with addressing the issue either with the other attorney or in court.

When it is clear that parties have reached an impasse as to the division of their personal property, at Schmitt Law, PLLC, we suggest to clients that they work with their spouse to create two lists. The first list will be the undisputed personal property – property that the parties have agreed to the division. The second list will identify the items that the parties are unable to agree as to the division. Often times, when parties go through the process of creating these lists, they find the value in making compromises.

At Schmitt Law, PLLC, we share with clients that judges do not favor personal property disputes being brought before the court. The courts are overwhelmed with cases and cannot realistically spend the time on cases addressing personal property disputes. Parties who are unwilling to divide their own personal property may find that leaving the division of their personal property to the court may lead to both parties being very dissatisfied with the result.

Before you rush off to litigate a personal property dispute consider the following:

How much is the specific item worth?
How much would it be to purchase that item new?
How much will my attorney charge me per hour to address this personal property dispute with the other attorney or in court?
Can I compromise and let my spouse retain the item?
Does this item involved have sentimental value to one party?
Am I really fighting over this item out of spite?
Will the judge believe this is a petty dispute?

In summary, parties must find a way through private agreement, through mediation, or with assistance of their attorneys to divide their personal property.

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.

How To Prepare For a Divorce Mediation

April 29, 2022 By Laurie Schmitt

Ending a marriage can be incredibly difficult. Unfortunately, many people believe that litigation is the only way to end their marriage. However, there is an alternative to resolve the outstanding issues and complete your divorce and that is through Mediation.

WHAT IS MEDIATION?

In Mediation, the parties and their attorneys meet with a neutral third party who will assist you in coming to an agreement that is fair and equitable.

WHY DO I WANT TO PARTICIPATE IN MEDIATION?

Mediation offers a less stressful option for couples in that the mediation process offers the couple the ability to maintain total control over the outcome of their case. Additionally, Mediation can save you both time and money verses litigating your case.

WHAT DO I NEED TO DO BEFORE MEDIATION?

Before you attend Mediation, it is important for you and your attorney to prepare. It is also imperative that both you and your attorney have a shared understanding of what your desired outcome is at mediation. At Schmitt Law, PLLC, we sit down with our clients prior to mediation and discuss our strategy. This allows us to be “on the same page” with the client when we attend Mediation.

In order to have a successful mediation, the following information must be compiled prior to attending a divorce Mediation:

Statements for all of your bank accounts.
A list of your vehicles, with a Kelly Blue Book value on each vehicle.
A list of your recreational vehicles (boats, campers, snowmobiles, etc.), with values for each.
Copies of all appraisals for each real property. If you have not had your real property appraised, have it appraised prior to mediation.
Statements for life insurance policies, and their cash value.Statements for each of your retirement accounts (401k’s, IRA’s, 403B’s, pensions, profit sharing, etc.).
Statements for each of your investments (stocks, bonds, mutual funds, etc.).
Statements for all of your credit cards, and documents for all other indebtedness.

If you have children under 18:

Verification of yearly daycare costs.
Cost of employer provided health insurance with breakdown for costs for self and cost for self with family.
Tuition statements.
Prior to mediation discuss with your attorney
- What type of legal custody you are seeking.
- What type of physical custody you are seeking.
- What parenting time schedule you are seeking.
- What holiday schedule you are seeking.
- What type of telephone contact you are seeking.
- Who will provide transportation for pick up and return of the children.
- Who will claim the child as a dependent under City, State and Federal Taxes.

Make sure to provide copies of the documents to your attorney, to ensure they have them available at mediation. The preparation you and your attorney do now will hopefully result in a fair and equitable agreement at mediation (and completion of your divorce).

Experienced Divorce Attorney

We understand that filing for divorce can be an emotional and confusing experience. That is why we are committed to providing personalized service to each client we represent, and will be with you through this difficult journey. We are prepared to guide you in all aspects of your case.

To discuss your circumstances and legal options, contact Schmitt Law, PLLC online or call (616) 608-4634 to schedule a consultation.

What Are My Divorce Options?

March 28, 2022 By SchmittLawAdmin

You are ready to move forward with a divorce. But you have no idea how to get started, and are overwhelmed with all the various terms you find relating to divorce.

When a client arrives for their initial consultation with Schmitt Law, PLLC, they often have no idea of what their options are to obtain a divorce. In the initial consultation, we take the time to discuss the options available to the client to ensure that they select the option that best fits their needs.

The following is a list of options available to parties who are seeking a divorce.

PRE-DIVORCE FILING MEDIATION: Mediation is a process that allows you and your spouse to resolve conflict in a peaceful manner. You and your spouse meet with a neutral third party who is trained in the mediation process (the mediator). The mediator will assist you and your spouse in discussing the outstanding issues, helping both of you review your options, so that you may reach an acceptable outcome of your differences. A pre-divorce filing mediation is held prior to the complaint for divorce being filed. The parties reach a full agreement on their outstanding issues and then proceed to the filing of the complaint for divorce.
MEDIATION AFTER FILING: This process is the same as the pre-filing mediation, with the difference being that the mediation is held after the complaint for divorce has been filed and served on the other party.
COLLABORATIVE DIVORCE PROCESS: In the collaborative divorce process, the parties resolve their issues in a respectful manner, using a team approach. The team assists the parties in crafting solutions in the best interest of each party, without involving the judge to make their final decisions. In the collaborative divorce process, the parties, their respective attorneys and a coach meet in a group setting. An agenda is set for each meeting, to assist the team to stay on track. These meetings are designed to encourage the sharing of ideas and settlement options.
UNCONTESTED DIVORCE: Schmitt Law, PLLC offers a process we call “uncontested divorce”. An uncontested divorce is one in which the parties have resolved all of the issues, and there is no need for court intervention. In this process, we work to ensure that the outcome of the divorce reflects the parties wishes. This process allows the parties to maintain total control of their agreement. Schmitt Law, PLLC accepts uncontested divorces for a flat rate fee.
LITIGATION: In this process, the parties are unable to resolve their differences, and the Judge unilaterally decides the outcome of the parties’ divorce. This is the least desirable option for most parties as it is the most difficult, time consuming, and expensive process to obtain a divorce.

Experienced Divorce Attorney

We understand that filing for divorce can be an emotional and confusing experience. That is why we are committed to providing personalized service to each client we represent and will be with you through this difficult journey. We are prepared to guide you in all aspects of your case.

To discuss your circumstances and legal options, contact Schmitt Law, PLLC online or call (616) 608-4634 to schedule a consultation.

How To Prepare For a Custody Mediation

March 24, 2022 By Laurie Schmitt

All family law cases are difficult. However, custody cases can be the most challenging for parents. Whether your case is a divorce, child custody, parenting time, or child support case, Mediation offers a less stressful option for couples.

In Mediation, the parties and their attorneys meet with a neutral third party who will assist you in coming to an agreement that is fair and equitable.

Before you attend Mediation, it is important for you and your attorney to prepare. It is also imperative that both the client and attorney have a shared understanding of what outcome the client desires through the Mediation process.

As this is a difficult time for the client, it is normal to have questions and concerns about the process and outcome. At Schmitt Law, PLLC, we sit down with every client prior to mediation and discuss our strategy. This allows us to be “on the same page” with the client when we attend Mediation.

The following is a checklist that Schmitt Law, PLLC reviews with all clients prior to attending a custody Mediation.

Make sure you have provided copies of all relevant documents to your attorney so that they can have the necessary documents available for mediation.
What type of legal custody are you seeking? Joint or sole?
What type of physical custody are you seeking? Joint or sole?
What parenting time schedule are you seeking? Does your work schedule allow you to exercise parenting time on the schedule you are seeking? Do you have daycare available if needed?
What holiday schedule are you seeking? The following are the major holidays that Schmitt Law, PLLC typically requests: New Year’s Eve, New Year’s Day, Easter, Memorial Day, July 4, Labor Day, Halloween, Thanksgiving, Christmas Eve, Christmas Day, Child’s birthday, Spring Break, Christmas break, Mother’s or Father’s Day, and any other day important to the client.
What type of telephone contact are you seeking? What days of the week, what time of the day, and for what length of time?
Who will provide transportation for pick up and return of the children?
Who will claim the child as a dependent under City, State and Federal Taxes?
What happens if one or both of the parties require a change in their parenting time schedule?

And through the mediation process, be sure to put your child’s needs first – prioritize what is best for the child, and what is best for their day-to-day routine. When you place the child first, much of the decisions to follow become easy to make.

Experienced Michigan Child Custody Attorney

Laurie Schmitt at Schmitt Law, PLLC is experienced in family law cases involving visitation and custody. Over the years, I have successfully represented hundreds of clients in complicated cases. For skilled legal guidance, please call Laurie at Schmitt Law, PLC at (616) 608-4634, or contact us online to arrange a consultation.

Communication With Your Attorney

February 14, 2022 By Laurie Schmitt

It is important in the early stages of your relationship with your attorney to understand and agree to the preferred method of contact between you and your attorney. Do they prefer emails, texts, or telephone calls? If you establish an agreement about communication when you retain your attorney, you will find that communication, and responses to your communication will be more efficient.

Also, in the initial interview I inform clients that if they are going to be communicating with me from an email account, they should never use their work email account. When you communicate through a work email account, there is no expectation of privacy. What does that mean to the client? That means that any communication you have with your attorney may not be confidential. Your employer may have access to your email account. And, because you may not have any expectation of privacy from that email account, it may not be considered by the court to be confidential. If your email account is not confidential, all communication from it can be subpoenaed by the other attorney and used against you in court.

Similarly, to protect client privacy, clients should open a new secure email account for the sole purpose of communicating with their attorney. The reason for this safety measure is so your spouse cannot gain access to it. If you use a former email account, it may be that you spouse has the password to your account, or could guess what it may be. Open a new account, and password protect it with a password that is obscure, and one that you have never used before. There is nothing more horrifying than to know all of your email communication between you and your attorney has been compromised by your spouse.

Lastly, in January, 2022, Dearborn police reported that criminals have been attaching a small Apple tracker to people’s vehicles in order to monitor them for stalking or auto theft. Officials said Apple AirTags — quarter-sized GPS tracking devices designed to help people locate their wallets, car keys and other personal items — are being used to illegally track people and vehicles. Even though in Michigan, it’s illegal for a citizen to track anyone with a GPS device without their knowledge, it happens not only from criminals but with soon-to-be ex-spouses. If you have a concern that this will be an issue in your case, you can easily monitor for Apple Tags. This is automatic for iPhones, and clients using Android devices can be advised to download and install the app.

If you have questions about the best methods to communicate with your attorney, or any other questions related to the divorce process, contact Schmitt Law, PLLC and set up an appointment. Give us a call at 616-608-4634.