Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

(616) 310-4975

Collaborative Divorce

What Are My Divorce Options?

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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.

Divorce Options

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. 

  1. 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.
  2. 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. 
  3. 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.  
  4. 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.  
  5. 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) 310-4975 to schedule a consultation.   

The Collaborative Divorce Process: What Is a Financial Neutral?

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In the collaborative divorce process, we utilize the team approach.  The team comprises of the clients, their respective attorneys, a coach, and if necessary, a financial neutral.  What role does a financial neutral play in this process as a team member, and what is the value to the client in retaining a financial neutral?

In many cases there are complex financial issues that must be addressed in the collaborative process.  Simply put, the financial neutral assists the team in answering all financial questions.

A financial neutral will sit down with the parties independent of the team to assist in creating a budget while the parties are going through the collaborative process.

financial neutral

The financial neutral also assists the parties in understanding the impact of different settlement options that are being addressed in the team meetings.  The financial neutral will review all of the assets and debts of the parties, and create a report for the team to review. These reports allow the team to fully understand the financial position of the parties, and to assist the parties in getting to an agreement that is financially fair and equitable for each party.

Financial neutrals also assist in valuing businesses of the parties, or valuing assets that may be difficult to value.

Often times, there may be one spouse who has never been responsible for maintaining the household finances. In these instances, the financial neutral can meet with that party individually, with the consent of the other, to assist them in learning how to create a budget, write a check, balance a checkbook, and pay bills.

Additionally, there is a cost benefit to the clients in hiring a financial neutral:  it allows the attorneys to focus on legal issues, while the financial neutral focuses on the financial issues.  Each part of the professional team is focused on what they do best and what they have been trained to do.

In the end, the financial neutral plays a valuable role as a team member: creating efficiency, saving money for the clients, and providing the team with a full understanding of the client’s financial situation.

Considering Divorce?  Learn your options with Schmitt Law, PLLC

Contemplating a divorce can be one of the hardest decisions to make in life. There are many complexities involving the divorce process, making it overwhelming for most. However, know that you are not alone, and help is available. At Schmitt Law, PLLC we are here to answer your questions, ease your concerns, and protect your rights.

To book a consultation, contact Schmitt Law, PLLC online or by calling (616) 310-4975.

What Is The Collaborative Divorce Participation Agreement?

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You and your spouse have decided to seek a divorce and have agreed to the collaborative divorce process.  You have retained your collaborative divorce attorneys.  Now you are being asked to sign a collaborative divorce participation agreement.  What is the purpose of this agreement and what does the agreement contain?

Collaborative Participation Agmt

The purpose of the collaborative divorce participation agreement is to ensure that the initial team (husband, wife, and their respective attorneys) understand the principles of the collaborative process.  It also identifies that the collaborative team may expand to include a financial neutral, or other necessary professionals.

The collaborative divorce participation agreement contains the following provisions:

  1.   It identifies the goals of the team.
  2.   It contains an agreement that the parties will not seek court intervention.
  3.   It lists cautions to the participants that the process cannot eliminate disharmony, distrust, and differences that may have existed in the past, but that the parties will commit to create an atmosphere of harmony, trust, and cooperation moving forward. 
  4.  It states that the parties agree to negotiate in good faith.
  5.   It states that the parties agree to make a full and fair disclosure of all assets, income, debts, and other relevant information necessary to reach settlement.
  6.  It states that the parties will maintain a high standard of integrity, not take advantage of each other, and will not mislead each other.
  7. It preserves the parties’ financial status quo while the parties are involved with the collaborative divorce process. 
  8. It states that the parties agree the professionals are entitled to be paid, and that the parties have individual financial responsibilities to their respective attorneys.
  9. It states that if experts and consultants are necessary, the team will agree to retain them jointly.
  10. It discusses confidentiality in that the team will treat all information provided during the collaborative process as confidential.  
  11. It discuses the participants rights and obligations pending settlement.
  12. It discusses termination of the collaborative process after settlement and termination of the collaborative process without settlement.
  13. It states that both attorneys are disqualified from representing either party in any adversarial or contested court proceeding, that all team members are disqualified as witnesses, and that their work product will be inadmissible as evidence in any court proceeding.

Before signing the collaborative divorce participation agreement, the team will have a discussion and fully review the provisions to ensure the parties have a complete understanding of the agreement.

Collaborative Divorce – The Litigation Alternative

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) 310-4975 to schedule a consultation to discuss the collaborative divorce process and how it can benefit you. 

Collaborative Divorce Process

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We can agree that divorce is a difficult process for a married couple to go through. In the collaborative divorce process, the focus is on cooperation, not litigation.

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.

A few of the differences between the collaborative divorce process and a litigated divorce are:   

Collaborative Divorce Process
  • The parties agree to the collaborative divorce process and agree to resolve their differences without court intervention.
  • The emphasis is on fashioning solutions that take into account each of the party’s needs and goals and keeping the attention on the needs of their children.
  • The parties look to reach a fair and equitable settlement of all their issues, while  maintaining control of the final outcome.
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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.

The collaborative divorce process requires the parties to commit to work together, and agree to forgo litigation.  When the parties share the mindset that they want to control the end result of their divorce, and want to make decisions in the best interest of their children, the collaborative divorce process is a great solution to protracted and expensive litigation.

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 to schedule a consultation to discuss the collaborative divorce process and how it can benefit you.