The Power of Mediation for Divorcing Couples | Johnsen Wikander P.C. West Michigan Divorce Attorneys

The Power of Mediation for Divorcing Couples

Today’s couples have divorce options that did not exist in the recent past. Traditional approaches to divorce, which in West Michigan and other places around the country, involve two attorneys, in an adversarial position, were once the only option. New and trending options, such as Collaborative Divorce, arbitration, and mediation, provide a less stressful approach for couples who do not want to fight their way to freedom.

Instead of creating conflict, mediation places couples in a low-stress, cooperative environment where they can work together to find common ground. Mediation helps to reduce conflict and preserve relationships, often ensuring a healthy co-parenting arrangement once the process is complete.

A Dutch company has taken the mediation approach a step further by offering couples a weekend retreat at a high-end hotel where the end result is their divorce agreement. Called DivorceHotel, couples can check in married, and three days later, leave with a signed divorce.

DivorceHotel, a company and not a specific location, partners with finer hotels to offer a weekend getaway that includes meals, spa treatments, and even free swag bags. Couples looking for a softer approach to the divorce process can pay a single fee which includes their stay, meals and spa access, and the process which leads to signed divorce paperwork by the time they check out.

The approach is unusual, but DivorceHotel now operates throughout Europe and has opened in several hotels around the United States. Couples who wish to avoid confrontation and take a less stressful approach to divorce can work together to achieve a mutually beneficial outcome – while at the same time enjoying a relaxing “vacation.”

The weekend event, held at upscale hotels in New York and Los Angeles, is also available in other locations around the country. One such location is the Gideon Putnam Hotel in Sarasota Springs, NY, where fine weddings take place several times a year. The possibility that a divorce and wedding could overlap at the same location does exist.

Whether accomplished through an offering like DivorceHotel or through an experienced attorney, couples who can still communicate and are willing to work together to reach a mutually achieved agreement can keep their divorce proceeding out of the courtroom and reduce associated stress and costs.

If you are facing divorce, don’t just assume you have to go to court at odds with your spouse. Discuss your options with an experienced attorney and see if there is a better, gentler approach that puts children first and benefits everyone involved.

Mediation is just one of your options. For more information, or to discuss your divorce with an experienced Grand Rapids area attorney, please contact Johnsen Wikander today and let us help you through your most difficult time.

The History of Collaborative Divorce | Johnsen Wikander P.C. West Michigan Divorce Attorneys

The History of Collaborative Divorce

Divorce has traditionally been a frightening path, with spouses often fighting over what may seem like minor details while the children are caught in the middle. Traditional divorce has historically been about the individual, with little to no consideration for the other party.

In 1990, Stuart (“Stu”) Webb, a Minneapolis family lawyer, became tired of watching people fight and decided he would no longer take on divorce cases. He wrote a letter to a local judge voicing his frustrations with the traditional divorce process and outlined his ideas for a less destructive way to handle the breakdown of a marriage.

Instead of running into the courtroom to dissolve each marriage through adversarial practices, Webb decided he would only handle cases where people were willing to work through their divorce together, achieving a peaceful, mutually beneficial result.  If the couple could not work together, he would stop handling the case and let them work through the traditional channels, but with a different lawyer.

Other Minneapolis lawyers discovered what Webb was doing and began to offer the same services. Eventually, the group got together to draw up a roadmap that would standardize their practice and ensure that they were offering families a consistent solution. Although Webb is generally credited with the beginning of the Collaborative practice, other attorneys were going through similar experiences and contributed to the growth of Collaborative Divorce.

The idea of Collaborative Divorce first spread through discussions and word of mouth, slowly spreading across the country until it became a well-known, accepted course of action. In 2009, the first Uniform Collaborative Law Act was created, adopted as law by many states. Within the last few years, Michigan created its own version of the Uniform Collaborative Law Act, formalizing the process for litigants throughout the state.

In a Collaborative Divorce, spouses commit to working together to make the mutually beneficial decisions regarding their assets, money, and of course, their children.

The practice of Collaborate Divorce reduces the combative and adversarial nature of divorce, offering both spouses the opportunity to work with a specially trained team of Collaborative Professionals including financial specialists, mental health professionals, and attorneys. This team works together to help a couple reach an outcome that is acceptable and beneficial to their entire family. The Collaborative method also protects both party’s privacy and helps foster and create better future relationships between spouses, especially when children are involved.

Collaborative Divorce provides a civil approach to the divorce process, very often creating a less stressful and more peaceful solution to divorcing spouses. In West Michigan, contact the trained, experienced Collaborative Law team 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.

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.

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.

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 Doesn’t Have to be Destructive | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Divorce Doesn’t Have to be Destructive

The Cambridge Dictionary website defines Collaboration as – The situation of two or more people working together to create or achieve the same thing.

The Business Dictionary website gives a similar description – Cooperative arrangement in which two or more parties (which may or may not have any previous relationship) work jointly towards a common goal.

No matter which way you definite it, the word Collaboration ends with the same simple but powerful message. People working together to achieve a common goal.

Divorce doesn’t have to be a battle, pitting West Michigan spouse against spouse with their children stuck in the center of the fight. There doesn’t have to be a winner or loser, and assets don’t need to be treated like the spoils of war.

There is another way.

Collaborative Divorce is becoming much more common today, providing a way that couples can bring their marriage to a close without the stress, expense, and potentially combative environment that is common with traditional divorce cases.

Instead of hiring divorce attorneys to litigate their case, Collaborative Divorce provides family law attorneys a path forward which keeps the case out of the courts. The result is a more respectful and private outcome that can even preserve family relationships and ensure both parties can effectively co-parent their children once the process is complete.

Instead of placing decisions in the hands of judges and court systems, Collaborative Divorce gives couples the option of working with a team of professionals trained in Collaborative Practice. Spouses who have decided to divorce, using the Collaborative process, work with financial specialists, mental health professionals and family law attorneys to work toward their common goals. This process also makes their children’s security a top priority.

The experienced team at Johnsen Wikander are trained in Collaborative Divorce and welcome the opportunity to handle your divorce case with mutual respect and consideration. Please contact us today to discuss the options available to you during this difficult time– options which focus on the family and the future such as Collaborative Divorce.

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

Collaborative Divorce FAQs

If you and your spouse have decided to get a divorce, there are likely countless questions pouring through your mind. Through our careers in family law, we have helped people from all walks of life find answers to some of those questions. Our attorneys are trained as Collaborative Divorce attorneys, and we have experienced how beneficial the process can be for people.
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Family Photos Remain Important for Divorced Couple | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Family Photos Remain Important for Divorced Couple

Part of our philosophy as divorce attorneys is to work compassionately with couples who are willing to work with each other. This looks differently for every case we handle, as every relationship is unique, and certainly does not always change or lessen the emotional wear and tear caused by a divorce.

One Alaskan woman has recently gotten a lot of attention for a non-traditional decision she made with her now ex-spouse following their divorce. Victoria and her former husband, Adam, have a son and continue to take photos together even though they have split. Read more

The Pros of Collaborative Divorce | Johnsen Wikander P.C. West Michigan Divorce Attorneys

The Pros of Collaborative Divorce

Going through a divorce does not always have to be a messy process. Many people have a friend or family member they know that went through a long, exhaustive divorce that drained resources and left all parties with a bitter sense of resentment. While some cases require litigation, working through a Collaborative divorce can be a great option. Read more