The British Monarchy, Marriage, and Divorce | Johnsen Wikander P.C. West Michigan Divorce Attorneys

The British Monarchy, Marriage, and Divorce

There is a general fascination with the British Royals and their lives, loves, and even deaths. Most people have dreamed about what it must be like to never want for money, or to be treated like a King or Queen. However, money and power cannot buy happiness, and several members of the royal family have been the subject of high-profile news stories for that very reason.

The most famous, of course, is arguably Princess Diana’s split from Prince Charles. Her marriage was the stuff of dreams for many people around the world, and her divorce created more subject matter for the tabloids than even the ever-enduring Bat Boy could hope for. However, many people do not realize that Diana’s divorce was not the first for the Royals. It was just the most well-known at the time.

Before Diana and Charles, the biggest stir in the House of Windsor came about in 1936, when the future King Edward the VIII fell in love with Wallis Simpson, a twice-divorced American woman from Baltimore, Maryland.

In 1936, the Church of England and British Monarchy forbade marriage when the divorced person’s spouse was still living. Wallis Simpson had two husbands who were alive and well, making marriage impossible for Edward. However, Edward was so smitten that he abdicated the throne, giving up his right to the rule in order to marry the woman he loved.

It turned out that her entire reason for chasing Edward in the first place was to land herself in the big chair and become the next Queen of England, so Edward’s decision did nothing to stoke the fires of her love. She did, however, follow through with the marriage in fear that pulling out at the last minute would make her the most hated woman in England. She remained Edward’s wife until he died in 1972. Simpson herself lived to 89 while living in seclusion in Paris.

Because Edward’s brother, George the VI, was made King in his place, the shift placed Elizabeth squarely in line to occupy the throne, and to look rather stately in a tiara. Because of the royal views regarding divorce at that time, the destiny of the entire royal family changed forever.

There were a few other marital upsets before Princess Diana and Prince Charles separated in 1992, but none quite so newsworthy. Because divorce was traditionally such a difficult subject for the British monarchy, most of the breakups took place well out of the spotlight. Or, as far out of the spotlight as possible, anyway.

Times have changed and we are flooded daily with news about Prince Harry’s upcoming marriage to American actress Meghan Markle, who is herself divorced. Markle untied the knot after a short marriage to actor and producer Trevor Howard. Due to the Church of England’s and Royal Family’s softened stance on divorce, Prince Harry and Meghan Markle appear to have a real chance at happiness.

After centuries of unbending rules and traditions, even the House of Windsor and the Queen of England herself have acknowledged that love is imperfect and relationships may not last. The public view on divorce has made it into a non-issue as well instead of creating the stigma it once did. Today’s views allow people who can no longer find common ground to be released from unhappy situations without ending up on the front page.

Although we hope for all marriages to last, it is unrealistic to believe every single one will be a fairytale romance.

If you find yourself facing divorce or considering the process, please contact the experienced West Michigan divorce attorneys at Johnsen Wikander today and let us help you through your most difficult time.

Grandparents Visitation Rights After Divorce | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Grandparents Visitation Rights After Divorce

Child custody and visitation can often become points of contention in divorce cases. When divorcing parents fight over money or personal property, children can often become pawns in their parent’s ugly game. In some cases, grandparents are caught between warring parents and end up being denied time with their grandchildren.

A difficult divorce can create challenges for parents who lose custody of their children, forcing them to follow court-ordered visitation schedules and shared custody orders regardless of the convenience or inconvenience. However, what rights do grandparents have when their children cannot agree on custody and deny them time with their grandchildren?

The answer differs from state to state. In Michigan, if a parent prevents a grandparent from seeing their grandchildren, the grandparent may have little to no recourse. If an informal agreement cannot be reached by the parents, Michigan grandparents can seek a court order granting them visitation rights, or grandparenting time, but it can be a tough road.

In order to seek visitation rights, a grandparent may need to clear several hurdles. Visitation denial by a parent may signal to the court that the grandparent is unfit, or a danger to the child, and the courts defer heavily to the rights of parents in making these decisions.

Unless the grandparents can prove that denying them access to the child could cause mental, physical, or psychological harm, a judge may not grant any visitation rights at all. If a fit parent denies a grandparent access, the court will most likely assume that the parent knows what is best for their children, and deny the grandparent’s request for court-ordered time.

In some cases, a judge may determine that spending time with grandparents is in the best interest of the child. There are many criteria on which this decision will likely be made, but in the absence of any history of abuse, neglect, or hostility, it is not always impossible for grandparents to gain visitation rights.

A judge will likely review other factors before making a decision, including moral concerns, the child’s affection for the grandparent, the grandparents physical and mental health, and the child’s personal preference. Ultimately, the child’s best interests will decide the outcome.

If you are a grandparent who has been expressly denied access to your grandchild, you may have rights. In West Michigan, contact the experienced West Michigan attorneys at Johnsen Wikander and let us help you through this difficult time.

Divorce and the Five Stages of Grief | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Divorce and the Five Stages of Grief

The Kubler-Ross model of grief and mourning suggests that people go through five stages during or after a loss or tragedy, such as the death of a loved one. However, the loss of a family member or friend is not the only source of grief strong enough to create the cycle. Other life-altering events can also generate the same response, such as divorce.

It is said that divorce can be as painful as the death of a loved one, and many people go through the Kubler-Ross stages of grief during the process. Below are the five stages and the extreme emotions some people can expect to experience during their divorce.

1. Denial – many people will respond to the initial announcement or realization that a spouse wants to be released from the marriage with denial. Denial may be a coping mechanism to help soften the initial impact of an emotional or destructive event and can help to reduce the associated pain. In many cases, divorce proceedings may come as a surprise to one partner, and denial may allow time to accept the truth.

2. Anger – An angry response is almost guaranteed to follow denial. The betrayal associated with an affair can even illicit fury in some cases, but even the realization that a spouse has been considering divorce for some time can bring anger and resentment. Intense emotions may drive one partner to focus on little things that were considered annoyances, turning them into much bigger issues. With any divorce, anger is almost assured.

3. Bargaining – The third stage in the emotional rollercoaster associated with divorce is bargaining, which one partner may see as the opportunity to salvage the relationship. Bargaining may include attempts at counseling, or even one partner begging the other not to go while promising change or acceptance of the another’s own poor behavior. Bargaining can add additional time to the divorce process and may not affect the outcome.

4. Depression – The pain of divorce has been compared to the loss of a beloved family member or friend. In many ways, the dissolution of a marriage is just that, especially if one partner intends to move away or has already developed a relationship with someone else. Divorcing spouses can also see the event as failure, and depression may be accompanied by shame.

5. Acceptance – Once the cycle is complete, divorcing partners will reach acceptance and can begin to move on with their lives. Although other emotions may still exist, such as anger and depression, acceptance will allow work to begin so that divorce proceedings can be completed, and spouses can begin to reclaim their lives. Acceptance may not bring happiness, but it can at least help to reduce divorce-related stress and anger.

Divorce is one of the most emotionally challenging events a person can experience. However, as divorcing spouses pass through the five stages of grief during the process, recognizing the steps can help process the event and return to normalcy sooner. Once acceptance has been reached, there is a better chance at a stable, and even happy, life.

The emotional impact of divorce can be overwhelming. If you are struggling with any of the five stages of grief throughout the process, please consider speaking with a mental health professional who can help you work through the cycle. The sooner you can move on, the sooner you can begin to heal.

If you are facing or considering divorce, it is important to speak with an experienced attorney to discuss the options and decisions that are right for your situation. In West Michigan, please contact the experienced attorneys at Johnsen Wikander and let us help you through this difficult time.

A Gentler Process, A Better Answer | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Collaborative Divorce: A Gentler Process, A Better Answer

In 2014, Michigan became the tenth state to adopt laws that provide couples with a better, gentler path forward when facing divorce. Collaborative Law promotes voluntary negotiation and settlement over traditional litigation and can help divorcing couples to achieve a more private, dignified outcome.

Collaborative Divorce focuses on interest-based negotiation, cooperation, and mutually beneficial solutions instead of courtroom battles over assets and custody. Instead of approaching the case as a fight to be won, both parties agree to retain collaboratively-trained lawyers, financial neutrals, and mental health professionals in order to work toward a mutually beneficial outcome for their entire family.

Collaborative Divorce also makes children a top priority, aiming to preserve a workable relationship between divorcing parents. By creating a more cooperative atmosphere throughout divorce proceedings, the process can create a more suitable foundation for co-parenting while removing animosity, stress, and tension between parents.

Collaborative Divorce does not work in every case. At the start, both parties sign a contract agreeing to participate in a fair, honest, and cooperative process until the mutually acceptable outcome is reached. If the process fails at any point, or if either party refuses to cooperate or withdraws from the agreement, the Collaborative Process stops and both parties must resort to the traditional divorce process instead. The collaboratively-trained professionals must withdraw and cannot be involved in the litigation process.

Couples participating in a Collaborative Divorce can reach settlements while maintaining a healthy, workable relationship that puts their children’s needs first. By communicating throughout the process, couples no longer see each other as adversaries, rather as participants in a joint venture that is no longer viable. There is no need to fight, only the need to complete the Collaborative Divorce process amicably and peacefully.

It is important to understand which divorce option is best for you and your situation. In West Michigan, please ask the specially-trained Collaborative Law professionals at Johnsen Wikander if the Collaborative Divorce process can work for you. If you have questions, please contact our attorneys and let us help you through this difficult time.

Weird Reasons People Have Divorced | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Weird Reasons People Have Divorced

Divorce is painful and destructive to those involved, however, in some cases around the world, the reasons people have filed can either be amusing or frightening. People usually get married for love, yet sometimes they get divorced for very strange reasons.

With all the latest celebrity divorce chatter, such as Russell Crowe’s divorce auction or Amber Heard’s sizeable donation, it seems like a good time to talk about something a little different. Here are some weird, unusual, or simply interesting reasons why people have filed for divorce.

In Italy, a 99-year-old man filed for divorce from his 96-year-old wife after 77 years of marriage when he discovered letters she had written to a lover in the 1940’s. She had kept the short-lived tryst a secret until then, but even after nearly eight decades together the betrayal was more than he could handle.

A Japanese woman filed for divorce because she and her husband had at least one irreconcilable difference. After becoming obsessed with the movie Frozen, she discovered that her husband had seen it once but “didn’t really care for it.” This, to her, was reason enough to end their six-year marriage even though it seems like her best option would have been to – Nah, not going to do it.

In China, a woman began to suspect her husband of cheating when their pet mynah bird began to call out words and phrases like “divorce” and “be patient.” The bird would also become more talkative whenever the phone rang which led the woman to put two and two together and fly the coop, no pun intended. The woman even took the bird to a local attorney and asked if it could be allowed to introduce evidence through its testimony.

Another Saudi woman filed for divorce after discovering her husband had been using a nickname to refer to her when he was outside of the house. When she picked up his cell phone to look for a contact’s number, she discovered the entry for her own number was one single word – Guantanamo. Even though he claimed it was a harmless joke, the nickname was too much for her, and she filed the necessary papers in court.

No matter what the circumstances, divorce can be painful and destructive to those involved and affected. If you are facing the uncertainty of divorce, please contact the experienced West Michigan attorneys at Johnsen Wikander and let us help you through this difficult time.

Collaborative Divorce Revisited | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Collaborative Divorce Revisited

The news of Donald Trump Jr. and his wife Vanessa’s impending divorce seems to be everywhere you look these days. Updates are available almost daily while the world awaits the outcome for the President’s oldest son and his wife of 12 years.

No matter what the reason is for the couple’s split, one thing seems certain–they appear to be working together on one important task – co-parenting. Although divorce seems imminent, they have been seen together during several recent breaks and vacations amicably spending time with their 5 children.

Parents who are moving toward divorce have options available which provide a layer of protection for their children during the divorce process, and after proceedings are complete, that did not exist in years past. Collaborative Divorce provides couples with a softer, simpler route to the dissolution of their marriage, helping their marriage to end without fireworks or fighting.

Collaborative practice is an approach to divorce which allows both parties to work together to achieve common, and individual, goals instead of facing each other as adversaries. By engaging in the Collaborative practice, the couple agrees to work with a team of professionals to reach a mutually agreeable settlement without the involvement of the court.

Collaborative Law teams include legal, financial, and mental health professionals specially trained in Collaborative Practice. Both parties agree to full disclosure of all important information and then work together along with the trained team to create a fair settlement.

Collaborative practice can often settle divorce cases more quickly than traditional routes, allowing both parties to move on to more settled lives, creating peaceful, stable environments for their children. When both spouses have worked together to create a mutually acceptable settlement, co-parenting also becomes easier and less impactful on their children.

Collaborative Divorce may not be an option in every case; however, the practice can provide an easier path forward, allowing parents to maintain a working relationship once their marriage has ended. When children are present, their well-being becomes the highest priority, and issues such as custody and support are often agreed upon without stress or resentment.

If you are facing divorce, you may be unaware of the current options available to you and your spouse. Please consult with an experienced attorney to discuss Collaborative Practice and any other options that could bring peace to your family easier than traditional divorce proceedings.

For more information on Collaborative Practice, please contact the experienced West Michigan attorneys at Johnsen Wikander and let us help you through your most difficult time.

Divorce and Financial Considerations | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Divorce and Financial Considerations

Divorce can often boil just below the surface of a marriage for several years before coming to pass, churning until one or both of the spouses can no longer maintain their relationship or avoid the inevitable outcome.

At other times, divorce can be unexpected, leaving one spouse little or no time to prepare for the uncertainty and upheaval that accompanies the end of their marriage. In such cases, a husband or wife who is caught off guard may have little to no time to prepare for the financial issues they may face after their relationship has ended.

No matter how equitably marital assets and debts are divided or how income is distributed through alimony (spousal support) and child support, a newly divorced spouse may find themselves in a difficult situation due to inexperience and lack of knowledge regarding their marital finances. Bills, taxes and insurance all potentially present unfamiliar territory when one spouse has primarily handled those day to day affairs in the past.

Consult with an experienced attorney as soon as possible to avoid common financial pitfalls and consider these important issues in advance of your meeting:

1. Insurance – It may be necessary to assume your own car, renters, homeowners, or health insurance. Pay a visit to your insurance agent to discuss how to proceed with changes in your coverage.

2. Credit Cards – If your credit card was part of a joint account it may be necessary to apply for a card in your own name. Also, it may be best to remove yourself from a joint credit card if you do not need to use the card for expenses while the divorce is pending. You want to protect yourself from being liable for credit card debt incurred by your spouse while a divorce is pending.

3. Banking – Checking and savings accounts should be set up in your own name as soon as legally allowable. Consult with your attorney on the correct process to remove joint account owners or to set up your own accounts.

4. Financial Management – If you have not played a part in your financial management during your marriage, find a good accountant and advisor who can counsel you on issues such as taxes and investments.

5. Taxes – If your spouse has been primarily responsible for filing and paying your joint taxes, find an accountant who can help navigate important tax issues. It’s better to pay a professional than to risk mistakes and potential penalties.

There are other financial implications to divorce aside from the challenges of alimony (spousal support), child support, and the division of assets. If you’re facing divorce, please contact the experienced West Michigan attorneys at Johnsen Wikander and let us help you through your most difficult time.

How the new Tax Code May Impact Children of Divorce | Johnsen Wikander P.C. West Michigan Divorce Attorneys

How the New Tax Code may Impact Children of Divorce

New tax code changes may have collateral effects on divorcing couples in West Michigan. One potential impact could be more complicated disputes over the relevant deductions for minor children. The new Tax Code not only increases the child tax credit to $2,000, it allows for a $500 for other family dependents.

The new Tax Code has also changed the restrictions on 529 College Savings Plans, allowing these funds to be used on K-12, not just college, expenses. Most divorce agreements may not include specific instructions for the use of these funds, creating a potential post-judgment dispute if one parent wishes to deplete the account for pre-college education expenses.

If both parents agree that the 529 Plan should be used for college only, this agreement should be clearly documented so the funds will be available as expected and not used for other, earlier school expenses.

Too often, parents forget that their actions can have long-term effects on their children. A child’s college savings account is now an issue that might be disputed during a divorce case; the ultimate decision significantly impacting the child.

Divorce is difficult for everyone involved, but itis important to keep children out of the process as much as possible. Children of divorcing parents are already going through one of the most difficult experiences in their lives. Parental fighting can lead to behavioral issues that last into the young adult stage, and children of divorce are also more likely to do poorly in school and struggle with anxiety, betrayal, and loss.

For more information on changing tax laws and how they could impact your decisions during a divorce, please contact the experienced West Michigan attorneys at Johnsen Wikander and let us help you through your most difficult time.

The Impact of Changing Tax Laws on Divorce | Johnsen Wikander P.C. West Michigan Divorce Attorneys

The Impact of Changing Tax Laws on Divorce

As most people know the US tax laws are changing in many ways. Those changes will likely have some impact on almost everyone in West Michigan, and in the rest of the United States. However, there are many changes to the Tax Code that most people may be unaware of until changes in their own lives cause them to be exposed to the effects.

Some of the new tax laws will affect couples considering divorce in several ways, such as the changing laws regarding spousal support and tax deductions. However, there are business implications as well. For example, the new laws and related deductions may impact small business owners by potentially affecting their business valuations.

With so much change surrounding the US tax laws, and the implications those changes could have, it is extremely important for anyone considering divorce to discuss the process with an experienced attorney and tax professional immediately. Don’t wait until it’s time to file business and personal taxes next year, ask questions from an experienced West Michigan attorney immediately if you have any major life changes on the horizon.

Divorce is difficult no matter what the circumstances. Many people will be exposed to information from friends and family who have been through the process, and who believe they can provide sound advice. Even if they were able to share information regarding the divorce process or tax implications that was correct in the past, that information will probably not be relevant now.

If you are considering divorce, it is extremely important that you do not wait to discuss the legal and tax implications with an experienced attorney. The decisions you make today could affect your business and personal tax filings in the following year, or possibly for years to come.

We will be featuring a series of articles highlighting the tax changes and what they mean for couples considering divorce, as well as the impact on child support, spousal support, and business valuations. Please stop back for more information on these topics and others that can help you to be better prepared.

It is important that you act now, so please contact the experienced West Michigan divorce attorneys at Johnsen Wikander today and let us help you through this difficult time.

New Divorce Trends - Online Apps | Johnsen Wikander P.C. West Michigan Divorce Attorneys

New Divorce Trends – Online Apps

There are many new trends in modern divorce that would have seemed far-fetched even ten years ago. Nesting, or bird-nesting as it’s also known, has grown in popularity. It is an arrangement whereby children live in a single home while their parents rotate in and out.

Cohabitation is also on the rise for divorced West Michigan parents. Cohabitation means that two parents continue to live together under one roof even though they have divorced. This practice allows both people to save money while continuing to provide a more stable home environment for their children.

Another current divorce trend is the creation of computer and smartphone applications which help divorced parents manage details such as visitation schedules and shared expenses. Post-divorce parenting apps can help ensure appointments are kept and arguments are avoided.

Some of the available divorce-related apps are listed below.

Our Family Wizard

Our Family Wizard provides divorced parents with a place to maintain records of all of their important information which can be accessed by each parent, their attorneys, and even provided to the court if necessary. The app can be accessed from computers or smartphones and, as stated on their site, “Helps keep Children in the Middle” by eliminating uncertainty and clarifying communication. The app even tracks access by each parent and allows reports to be generated.

Click Here for more information on the Our Family Wizard website.

2Houses

2Houses is similar to Our Family Wizard and provides divorced parents with a place to communicate, store and share information, and track all of the family resources necessary to effectively share parental responsibilities. The service includes calendars, expenses trackers, and messaging. There is also an information bank which can house important information such as emergency contacts, medical information, and more.

Access the 2Houses website here for more information.

Talking Parents

Providing an alternative communication platform to text and email, Talking Parents maintains an independent, third-party record of all important communication between parents that can be used to avoid or resolve disputes. Talking Parents helps parents maintain a positive co-parenting experience by keeping communication clear and civil.

Follow this link for more information on the Talking Parents website.

Divorce Force

Accessible from computers and smartphones, Divorce Force connects users with other people going through the process of divorce or those dealing with life after the fact. Divorce Force is an online community and support group focusing on education and support, where people can ask questions and share experiences with their identity protected. However, the site and app also feature other family management resources such as shared calendars.

Visit the Divorce Force website for more information

Sesame Street: Divorce

As part of their Little Children, Big Challenges: Divorce initiative, The Sesame Street team has created a multimedia resource to help parents communicate the many issues of divorce with their children. Primarily intended for parents with children between the ages of 2 and 8 years old, the Sesame Street Divorce toolkit includes downloadable videos, printable guides, and even songs. The focus of the toolkit is to help kids know they are loved and never alone, and to help parents navigate conversations on the tough topics related to divorce. More information is available on the website and through smartphone apps that provide additional tools and resources for parents and children.

Visit the Little Children, Big Challenges: Divorce website here

Divorce Coping Tip of the Day

For a bit of stress relief, there is even an app for your smartphone that will provide a Divorce Coping Tip of the Day. Created by the author of two books on divorce, these tips are full of advice and practical assistance instead of venom and ill-will. Although some references are specific to the United Kingdom, the advice is good for anyone who might benefit from a little like-minded support. And, some comic relief.

Click Here to find the Divorce Coping Tip of the Day app.

The Internet Age has created the ability to provide an application for almost any need, so it should come as no real surprise that apps are also available to help people with the challenges related to divorce.

If you are considering divorce or need more information regarding the process, please contact the experienced West Michigan divorce attorneys at Johnsen Wikander and let us help you through your most difficult time.

Johnsen Wikander is not affiliated with, nor had any influence in the creation of, any of the above-noted resources.