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Weird Divorce Laws Around the World | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Weird Divorce Laws Around the World

Divorce is difficult no matter where a couple resides. However, we Americans mostly face laws intended to protect each other from the bad decisions or behavior of the other person and to ensure that assets are evenly distributed between both parties.

Divorce laws are also intended to protect the children involved, ensuring they have every opportunity to enjoy a happy, stable future albeit it different than before their parents separated. The divorce process may seem long and challenging, but it is intended to protect the family unit, including spouses and minor children.

Other countries have strong laws in place to protect both parties as well, but there are also plenty of international laws that may seem strange to Americans. Some are left over from a forgotten age and should be challenged despite the probable good intentions at the time they were enacted.

In Australia, Aboriginal Women can become divorced from their current husband if they elope with a new partner. They can also persuade their husband to divorce them via the traditional route, but if that fails, they can simply elope and become married to the new person.

In the Philippines, a divorce obtained in another country may not be recognized under their home country’s laws. In this case, remarrying in another country and returning to the Philippines may constitute bigamy, which is a punishable crime in the country.

Traditional Eskimos can divorce simply by living apart. An Eskimo couple who no longer wish to be married can simply move out and begin living separate lives; they do not even necessarily need to retain an attorney. In the “Lower 48” as many Alaskan natives refer to the main body of the US, a law like this could wipe out the rental home market when one half of a couple who wished to divorce simply need to move to a new residence.

This last one is not technically a divorce law but is weird enough to be included here. In France, it is actually legal to marry someone who is no longer alive. Apparently, the law dates back to World War One when men did not return from the war and left fiancés behind to grieve for them. Laws allowed the marriage to proceed as long as there was sufficient proof that the couple truly did intend to marry before the other person’s death.

Divorce is difficult in America, but many other countries make it even more complicated to end a marriage. If you are considering divorce in West Michigan, please consult the experienced divorce attorneys at Johnsen Wikander and let us help you through your most difficult time.

Can Your Divorce get your lover in legal trouble too? | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Cheating and the Law – Can Your Divorce get Your Lover in Legal Trouble, Too?

The story of a man ordered to pay his lover’s husband a total of $8.8 million dollars in damages made the headlines on several news sites this week, including CNN and Great Britain’s DailyMail.com.

When Texan Francisco Huizar involved himself in an affair with the wife of businessman Keith King, a North Carolina law provided the foundation for which Mr. King could pursue relief from Mr. Fransisco, who was sued for Alienation of Affection, among other claims. In other words, the lawsuit claimed that the man’s actions had caused the loss of affection between the two spouses, ultimately leading to the failure of the marriage.

Although most of the fines awarded were meant as punishment for the effects of the affair on the husband, $2.2 million dollars was attributed as compensation for tangible damages stemming from lost revenue related to the affair since the wife was also an employee of her husband’s business. And, for the loss of his wife.

Alienation of Affection laws were abolished in most states, including Michigan. North Carolina is one of a handful of states that still allow legal action to be brought against, not only an extra-marital lover, but anyone shown to have interfered with the with the stability of a marriage, including family members, religious leaders, and even counselors or therapists.

The Alienation of Affection law appears to infer that a spouse can be pushed away from a happy marriage by seduction, malicious intent, influence, or attrition and not through the spouse’s own returned affections, inappropriate actions, or self-interests.

To succeed on a claim of Alienation of Affection, there must be proof that a happy, stable marriage existed before the affections of the third party were introduced into the relationship and those affections created the turmoil which led to infidelity and ultimately to the failure of the marital union.

Although North Carolina is not the only state with Alienation of Affection laws still on the books, it does appear to be the most recent place in which this type of lawsuit has been filed. The $8.8 million dollar King vs. Huizar award is the latest of such lawsuits filed, but it is not the only one. Or the most expensive.

In 2011, a North Carolina judge handed down a judgment ordering the wife of a trucking company owner to pay a total of $30 million dollars in damages to her former husband – the largest settlement of its kind in the state’s history and the result of her affair that paved the way for their divorce. In 2000, a jury awarded a high school wrestling coach $1.4 million dollars when his wife reunited with her high school sweetheart 15 years after graduation and their rekindled romance led both lovers to divorce their spouses.

Although Michigan abolished the Alienation of Affection law along with most other states, there are other issues that can lead to penalties and problems for West Michigan couples considering divorce. If you believe divorce has become the only option left, please consult with an experienced West Michigan divorce attorney to avoid expensive pitfalls or legal issues.

Please contact the experienced Grand Rapids attorneys at Johnsen Wikander and let us help you through your most difficult time.

Divorce and Pets – What about Bentley? | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Divorce and Pets – What about Bentley?

No matter how much of a struggle, or how simple, any West Michigan divorce case may be there is a lot of work involved to determine fair and equitable distribution of assets, healthy custody arrangements for the children, and continued support for everyone for the future. However, there is one other participant in the divorce proceedings that is not always immediately considered.

The family pet.

Whether your furry family member is a cat or dog, or even a fish or lizard, there may be discussion over who should continue to care for it and why. It is very easy for this issue to become nearly as challenging as those involving minor children.

These days, the family pet has often been promoted to a position of prominence in the household that borders on, or truly is, family membership. New home builders regularly take pets into consideration when creating floor plans and option lists that are helpful to pet ownership. Neighborhoods and communities are also designed to include pet parks, pet -friendly walking trails, and other features that might draw in potential buyers. Pets are truly a part of many families.

Although more and more courts are also beginning to recognize the family pet as more than just an object, there are still some which may make decisions based on what’s best for the people involved and not the animal.

This is one more important reason to consider a gentler approach to your divorce case. No matter what situation exists between two angry spouses, the children and the family pet are often caught in the whirlwind and need some stability to maintain a healthy life.

Spouses considering divorce have many gentler, less adversarial options today that did not exist 20 years ago such as arbitration, mediation, and Collaborative Divorce.

Collaborative Divorce begins with a commitment from both spouses to NOT go to court. Instead of involving the West Michigan court system, the process begins with assembling a team of Collaboratively-trained professionals from areas such as financial management and mental health.

This team will work together to guide both partners through the decisions regarding asset allocation, custody and visitation, and financial support. By starting in a less adversarial environment, Collaborative Divorce can lead a couple down an easier path, allowing both spouses to make decisions together and ensure their children’s well-being is considered. And their pets too.

With Collaborative Divorce and the other gentler practices offered by Johnsen Wikander, the pet’s care and living arrangements are placed in the hands of the two spouses and not left up to the courts. An agreeable situation, whether it’s joint custody, visitation, or a split living arrangement, can be met through discussion and the pet’s future and security are controlled by the people who care the most – the fur-baby’s parents.

If you are considering divorce in West Michigan, please get professional advice before making a decision that could have negative effects on you, and on your family’s, future. Please contact the experienced attorneys at Johnsen Wikander and let us help you through your most difficult time.

Divorce and The Office | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Divorce and The Office

The decision to divorce affects every aspect of both spouses lives, including finances, child custody, insurance, and property ownership. However, it can also affect relationships at work whether those relationships are with coworkers or superiors.

Most people do not necessarily wish to make their divorce a part of their work life on top of the stress felt outside of the office. Work may feel like a bit of a sanctuary where the decisions and divisions are hidden by a normal workload. Or, for people who enjoy what they do for a living, their jobs may provide a welcome distraction from the day to day divorce related tasks and trials

People may wish to keep the information regarding their divorce quiet for other reasons. Some people may not agree with the decision to divorce due to political or religious differences, making it harder to share at the office. Others may wish to keep it to themselves because they feel it’s not other people’s business.

However, for spouses who carry the couple’s health insurance, it will become necessary to include the boss, or human resources at the very least. Changes in insurance coverage will mean paperwork that must be handled by the employee spouse’s HR department.

Other issues could bring the news of either spouse’s divorce out into the open, such as questions surrounding either party’s income or financial status. If there is reason to believe that one spouse or the other is being untruthful about their income, an investigation into same (via subpoena or otherwise) could put the impending divorce into the spotlight for coworkers to discover.

At some point, the divorce will very likely become common knowledge – especially in the social media age. It is nearly impossible to prevent news from spreading through Internet channels, so a couple’s split will sooner or later find its way to the office water cooler.

Is it better to keep the news of a divorce quiet at the office, or face it head on? The decision will be different for all people and may be based on the specific circumstances of the divorce.

If you are considering a divorce, please discuss the legal implications of sharing information at work with a professional before putting yourself in a tough situation. Your first step should be to discuss your divorce with an experienced West Michigan attorney such as the team at Johnsen Wikander.

Please contact us today and let us help you through your most difficult time

Gentler Approach to Difficult Issues | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Gentler Approach to Difficult Issues

Celebrity war stories regularly show up in the nightly news and gossip shows as the latest Hollywood power couples break up and begin the battle for assets and custody in the public eye. For weeks or months, the newspapers and magazines lining the grocery store checkout aisles will treat readers to the latest updates as famous couples dissolve their relationships.

Often, the couple’s lives, skirmishes, and the resulting deals are published for all the world to see. Separations like these can make it easy to believe all divorces are overwhelmingly difficult, and will always end in blood, sweat, and tears.

However, the path to marital dissolution no longer needs to include adversarial legal teams and strategic battles. Although the traditional process still exists and may be the proper approach for some couples, other solutions have become popular ways to bring a peaceful end to a couple’s failing marriage.

Divorcing couples today have more options than ever before. Gentler solutions, such as Collaborative Divorce, mediation, and arbitration provide alternatives meant to put families first and preserve a couple’s relationships with each other and with their children.

More peaceful solutions such as these help couples find common ground, placing decisions on the table for discussion, instead of for debate. Couples seek out common sense solutions to financial issues, child custody schedules and the division of assets.

By participating in the formal Collaborative Divorce process, couples contractually agree to enlist the aid of a specially-trained team consisting of legal, mental health, and financial professionals, who help guide and support the couple throughout the process.

Instead of victories and failures, each decision leads to an outcome that tends to favor both parties’ interests and needs, while also heavily focusing on the children’s best interests. The Collaborative Divorce process attempts to preserve relationships between spouses by helping to remove the adversarial nature of a more traditional divorce. Whether a couple resides in Hollywood or Grand Rapids, they have more, and often better options for divorce than ever before. Discuss the available options with an experienced attorney to find the solution that best fits your needs before deciding on a traditional divorce process. In West Michigan, please contact the experienced attorneys at Johnsen Wikander and let us help you through your most difficult time.

Divorce and Vacations | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Divorce and Vacations

It is widely known that divorce is one of the most stressful events that can take place in a person’s life. The emotional impact is as difficult as dealing with a death, but the divorce process and related tasks, such as negotiating settlements, agreeing on child visitation, and meeting with attorneys can be exhausting for everyone involved.

For many people, the best way to deal with the aftermath of a taxing event is to take a vacation. However, once the dust settles and the divorce proceedings are over one or both partners may find traveling alone to be stressful in its own right. Many people have never taken a vacation alone at all.

With the reduction in divorce-related shame and embarrassment, more people are openly discussing the impact the dissolution of their marriage has had on them. Although the divorce rate has fallen in recent years, reaching a 40 year low in Grand Rapids and across the country, the number people listing divorce as the reason for their vacation has increased.

Singles vacations are common, with cruises or resort destinations catering to the single lifestyle. Many include events aimed at connecting people through dances, social events, and excursions. However, many newly divorced people are not ready for the possibility of a new connection and could feel left out of the bigger social scene on such trips.

People who do not wish to travel alone generally book a vacation with one or more close friends. The emotional support that comes from such a trip can help with the feeling of loneliness that often follows a split, and the vacation itself serves as a distraction from the stress and challenge of the divorce process.

Vacations with one or more friends can provide the financial benefits that traveling as a couple created before divorcing as well. Sharing a cruise ship cabin or hotel room can reduce costs, which may be especially important after the newfound expenses that accompany post-divorce life.

In many cases, traveling with a friend who has been through a divorce themselves can be helpful and therapeutic. Even just being with someone who “gets it” can be beneficial.

As summer vacations are booked, travel agents are hearing more and more people give divorce as their reason for traveling. Along with the break from stress and responsibility, travel can provide a recharge and reset, allowing newly divorced people to come back with a different view and better grasp on their path ahead. Divorce may be the best reason for many people to book a trip.

If you are facing divorce, it’s important to be prepared and educated about the modern options and potential outcomes surrounding the divorce process. In West Michigan, please contact the experienced divorce lawyers at Johnsen Wikander and let us help you through this difficult time.

Divorce and Friendship - Who gets The Smiths? | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Divorce and Friendship – Who gets The Smiths?

With any divorce comes the separation and division of assets and financial responsibilities. Items such as a couple’s home, cars, boats, and other tangible items must be fairly distributed between the two parties involved. However, there is another “asset distribution” that almost always takes place during divorce proceedings – friendships.

A couple’s friends seem to favor one partner over the other in many divorce situations, and those friends often take sides during the divorce. There can even be an impact on the married friends if one half of the couple chooses the husband while the other chooses the wife.

When friends choose to remain close to one divorcing spouse but not the other, several other issues can arise. Feelings of betrayal or abandonment can occur when someone believed to be a good friend chooses to maintain a relationship with the other spouse. This can also lead to suspicion if a female friend remains friends with the male spouse of a divorcing couple.

Aside from social discomfort, there can be another byproduct of the friendship split. Since a close friend can also be a confidante, or become one when they offer a sympathetic ear during a difficult situation, issues can arise if personal information is shared.

If a divorcing spouse tells a believable, but untrue, story about their separated partner, relationships can be destroyed. This is enough of a problem when the fact in question involves late nights or lipstick stained shirts, but when the stories are charged with hints of violence or criminal activities, no matter how unbelievable, friendships can be irreparably destroyed.

Exaggerated facts or outright falsehoods can become problematic when friends, and even family, are caught up in the moment and believe something untrue. However, that same information can also affect the outcome of the divorce if the information presents someone as unfit for child custody or creates the impression that either divorcing spouse’s financial situation is being misrepresented.

When divorce is unavoidable, it may be wise to inform close friends together in order to prevent sensationalized accounts of the crumbling relationship or misinformation about the reasons for the divorce. Creating a shared statement can avoid the spreading of false facts and may help maintain relationships after the divorce is final.

If you are considering divorce, please consult with an experienced attorney to review the options available to you before taking any steps forward. Please contact the experienced West Michigan divorce attornies at Johnsen Wikander today and let us help you through your most difficult time.

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.

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.