Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

616.608.4634

Divorce Mediation

Should I Seek Legal Advice If My Divorce Will Be Amicable?

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Many divorcing couples are looking to divorce amicably. And seeking legal advice may be viewed as hostile or taking an aggressive step against the other party.  But this could not be further from the truth. Seeking legal advice can actually help divorcing couples through the divorce process.

There are steps family law attorneys can take on your behalf to keep the divorce process moving forward while maintaining an amicable position in the divorce. Family law attorneys can provide the following assistance:

Amicable Divorce
  • Evaluate and assessing your legal situation, and provide in-depth legal advice based off the current law in the State of Michigan.
  • Provide procedural information regarding filing and serving of court documents.
  • Review court documents prepared by you or the opposing party/counsel.
  • Suggest documents for you to prepare.
  • Draft 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.
  • Advise you as to what to expect in your court appearance.
  • Prepare you for your court appearance or a Friend of the Court evaluation.
  • Assist you to evaluate whether an agreement is fair based on the financial circumstances of you and your spouse and by reviewing financial disclosures).
  • Assist you in drafting a response 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.

By seeking legal advice in your divorce, you can achieve efficiency in the divorce process and confirm the fairness of your agreement (custody, parenting time, child support, division of assets and debts, and transfer and sale of assets). It is important to understand that addressing these matters properly, through legal advice of a family law attorney, can keep the process on track and keep your divorce amicable.

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

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.

Top 5 Divorce Myths Debunked

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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.

Divorce Myths

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

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 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.