Considering Divorce Blogs & Articles

Posts

Divorce Stories in 2019 | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Divorce Stories in 2019

/in , , /by

In 2019, there were several notable divorce-related events in the news. For our last post of the year, we are revisiting two of the biggest divorce events this year.

New tax laws took effect last year changing the rules for some spouses ending their marriage. Previously, alimony payments were tax-deductible for the payor and included as taxable income for the recipient of the support.

As of January 1, 2019, alimony payments are no longer deductible for the payor, and this significant tax change has impacted many divorce settlements. The change is intended to shift the tax responsibility to the higher income spouse while giving the lower-income spouse some financial relief.

Given the financial changes over the last year, it is important to engage a financial planner as well as an experienced divorce attorney in the divorce process.

In addition to tax changes, 2019 also saw the end of several high profile celebrity relationships. However, one stood out from the rest.

The biggest divorce-related story for 2019 was, by far, the end of Jeff and MacKenzie Bezos’s 25-year marriage. Public statements from both inferred that they had grown apart and were interested in parting on amicable terms. Jeff’s relationship with newswoman Lauren Sanchez, however, created speculation on the true nature of their separation.

The Bezos’ reasons for separating were certainly overshadowed by the bigger story – the financial impact their divorce would have on both spouses as well as Amazon.com, the company they created together.

As the richest man in the world at the time, Jeff Bezos could have been deeply impacted by the divorce settlement and any stock awarded to MacKenzie. The future price of Amazon’s stock was carefully considered as part of the overall settlement agreement.

By giving up too much of his Amazon stock, Jeff Bezos’ control over the company could have been impacted. Since giving up control could have meant a change in the company’s future, awarding MacKenzie too much of the couple’s stock may have resulted in a small financial settlement for her.

Although MacKenzie Bezos was legally entitled to 50 percent of the couple’s Amazon shares, she walked away with approximately one quarter. While Jeff Bezos retains a 12 percent stake in the company, MacKenzie will control just 4 percent.

Although that may seem like an unfair ratio, her 4 percent stake makes MacKenzie Bezos one of the richest people in the world with approximately 38 billion dollars in the bank.

Jeff Bezos retained control of Amazon, with his 12 percent holdings putting his net worth at nearly 115 Billion dollars in 2019.

If you are considering divorce in the coming year, it is important to consult a West Michigan divorce lawyer before taking any action. Please contact the experienced divorce attorneys at Johnson Wikander and let us help you through your most difficult time.

Why Argue When You Can Collaborate? | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Why Argue When You Can Collaborate?

/in , , /by

Divorce is difficult for all parties involved. In many cases, the adversarial nature of traditional divorce is hard on friendships, family relationships, and of course, the spouses who have decided to end their marriage.

However, new processes have emerged over the years which allow divorcing couples to avoid the adversarial nature of traditional divorce. Divorcing couples can now choose to embrace the Collaborative Divorce process, a gentler approach that helps spouses achieve individual and mutual goals while reducing stress, anger and potentially the cost.

The process involves a team of Collaboratively-trained professionals in fields such as family law, mental health and financial planning who assist divorcing spouses to reach a mutually beneficial agreement through interest-based discussions rather than positioned demands.

Children caught up in divorce proceedings are often the most impacted by the potentially combative process. By focusing on a respectful and peaceful approach to family dissolution, Collaborative Divorce can help to protect spouses’ relationships and make post-divorce co-parenting much more attainable.

The newly revised Michigan Court Rules allow couples who have completed the Collaborative process to file a joint “petition” to divorce and permits avoiding often adversarial pretrial hearings. If you complete a Collaborative Divorce, neither spouse is named a “plaintiff” or “defendant,” terms that can emotionally impact a couple after such a non-adversarial and team-centered approach to dissolving their marriage.

By involving a team of professionals from a variety of disciplines, couples often find that costs are reduced. The team uses each professional for a specific purpose, reducing the time that attorneys often spend as counselors and financial advisors. The process is efficient, and couples are motivated to come to the table and have productive and non-adversarial conversations.

If you are considering divorce, please take the time to investigate all of the available options before proceeding with any legal action. In West Michigan, please consult with the specially trained Collaborative Law professionals and Grand Rapids area divorce attorneys at Johnsen Wikander and let us help you through your most difficult time.

Seeking Legal Advice Before Divorce | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Seeking Legal Advice Before Divorce

/in , /by

Most people understand that legal assistance is important in many situations. When an individual faces a lawsuit, possibility of financial gain or loss or potential incarceration, help from an experienced West Michigan lawyer becomes extremely important.

There are, however, a variety of legal issues that people attempt to resolve without the advice of an attorney. Internet-based companies with fancy websites have made many processes appear simple, creating the image that patenting an invention or forming a corporation is a DIY project that can easily be completed over a weekend.

At minimal expense, couples can end their marriage with a few clicks of their mouse and a credit card or PayPal account. However, the decisions made during a separation or divorce—and the language included in the legal documents—can have far-reaching effects, many of which may not be obvious to the unrepresented individual.

While keeping divorce simple and amicable is desirable, answering some generic questions on a form may be a risky way to end a marriage.. Every divorce presents unique circumstances, and individuals should always consider having an attorney review their facts before proceeding on their own.

For example, divorcing couples may start by signing a separation agreement. While this may seem simple enough, a poorly written agreement may lead to future problems for the couple.

If you are considering divorce, please start by consulting with an experienced divorce lawyer.

In West Michigan, please contact the experienced divorce attorneys at Johnsen Wikander today and let us help you through your most difficult time.

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

Finance and Divorce

/in , /by

Divorce can be unexpected, catching either spouse off guard and unprepared for the issues to come. In many relationships one spouse may handle the couples finances, taxes, and other administrative responsibilities, leaving the other spouse completely unprepared to assume those responsibilities after their relationship has ended.

Although the couple’s marital assets and debts may be equally distributed through alimony (spousal support) and child support, a newly divorced spouse may not have the experience to assume control over their own bills, taxes and insurance.

1. If you are facing divorce, it’s important to consult with an experienced divorce lawyer as soon as possible to avoid some of the more common financial problems such as the following:

2. Banking – Checking and savings accounts should be created as soon as legally allowable. Consult with your attorney before removing either spouse from a joint account to avoid legal issues later.

3. Insurance – One spouse will probably take over their own car, renters, homeowners, or health insurance. It’s important to consult with your insurance agent before proceeding with any changes in coverage.

4. Credit Cards –It may be necessary for one spouse to apply for a card in their own name. The other spouse may need to remove additional users from their account and create a new one.

If the card must be used for expenses while the divorce is pending, it may be best to remove the second user from a joint credit card. It’s important to stay protected from any credit card debt incurred by your spouse while a divorce is pending.

5. Financial Management – Find a good accountant and advisor who can counsel you on unfamiliar issues such as taxes and investments.

6. Taxes – If one spouse has been primarily responsible for filing 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.

Aside from the challenges of alimony (spousal support), child support, and the division of assets. There are many other financial implications that must be addressed. 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.

Divorce Roundup for 2018

Divorce Roundup for 2018

/in , /by

In the past year, Americans have seen a fair amount of uncertainty, turmoil and change. Some events may impact the legal decisions facing divorcing spouses in the near future, while other events point to cultural changes that may positively touch the lives of one or both spouses who have chosen to dissolve their marriage.

For our first post of the new year, it seems appropriate to review some information we shared during 2018. Although some of the things we have shared with our West Michigan neighbors has been light-hearted, other posts have addressed critical issues facing the people in the Grand Rapids area who might be considering or going through a divorce.

Our 2018 highlights include:

Divorce Rate Decline

Divorce rates have seen a decline over the past several years, with much of that change attributed to the Millennial’s approach to marriage. With a more results-driven, goal-oriented attitude toward marriage, Millennials are marrying later in life, and divorcing less often.

The Truth About Divorce Rates

Dropping Divorce Rates Influenced by Millennials

Modern Technology, Social Media, and Divorce

Todays’ technology and its occasional overuse can lead to marital problems and also provide attorneys and litigants with evidence that can be used on either side of a case. Facebook, Twitter, Instagram and other social media outlets often show proof of everything from hidden property to infidelity.

There have been some helpful technological advancements too, with the rise of smartphone apps and websites that help with co-parenting and communication, such as Our Family Wizard and the like.

Social Media can be Divorce Case Evidence

New Divorce Trends – Online Apps

Divorce Themed Jewelry

Divorce and Vacations

Cultural Changes, Acceptance, and Divorce

Public sentiment towards divorce has changed dramatically over the last several decades, with television and other media sources contributing to the shift. TV shows like One Day at a Time and even I Love Lucy showed the public that divorced spouses were still human beings with regular problems, undeserving of the stigma and scorn so often directed their way.

Divorced Women on TV

The Power of Mediation for Divorcing Couples

Stay Together for the Kids? Many Kids say No

Divorce and The Office

Divorce and Friendship – Who gets The Smiths?

New Options Available to Divorcing Spouses

Divorce does not have to be the adversarial, “winner take all” contest it once may have been for many divorcing spouses. Newer options, such as Collaborative Divorce, and more common options, like arbitration, and mediation, offer divorcing couples and family lawyers a way to work together, protect their relationships, and create better outcomes for children.

The History of Collaborative Divorce

More than just Divorce

Collaborative Divorce: A Gentler Process, A Better Answer

Collaborative Divorce Revisited

Gentler Approach to Difficult Issues

New Tax Laws, Finances, and Divorce

Tax code changes that take effect in the new year may change the way spouses approach issues like spousal support and alimony. With the tax responsibility shifting from one side to the other, new financial considerations make it more important than ever to discuss the divorce process and outcome with an experienced divorce attorney.

New Tax Laws May Affect Alimony Settlements

Divorce and Financial Considerations

How the New Tax Code may Impact Children of Divorce

The Impact of Changing Tax Laws on Divorce

If you are considering divorce in 2019, please consult with a divorce lawyer before taking any steps forward. In Grand Rapids, Michigan, please contact the experienced divorce attorneys at Johnsen Wikander today and let us help you through your most difficult time.

Divorce and New Tax Laws in 2019

Divorce and New Tax Laws in 2019

/in , /by

With last year’s Tax Cuts and Jobs Act set to take effect in 2019, many West Michigan couples have rushed to finalize their divorces before the end of the year. The adjustments to the U.S. Tax code, drafted in 2018, will implement changes, including the taxes and deductions related to alimony and spousal support payments.

In the past, the person making the payments was able to deduct the amount when filing their taxes while the person receiving the payments was taxed on the income. Under the new tax code, the payor no longer has the advantage of a deduction, and the recipient does not pay taxes on the income.

In previous years, the deduction may have dropped the payer to a lower tax bracket, incentivizing many to pay spousal support. This major change has driven many people, who may have already been considering divorce, to file before the end of the year.

Though the real impact made by the new tax laws remains to be seen, some professionals argue that the shift in tax liability may eliminate some opportunity for negotiation. By removing the deduction, the spouse responsible for writing the alimony checks may have more reason to push for lower payments. With the deduction no longer providing a potential tax advantage, the payer may fight harder to limit their responsibility.

In the past, the month of January has often seen an increase in divorce filings, since couples who were already struggling with their relationship often waited until the new year to file for divorce to reduce the negative impact on the holidays and related events.

However, the opposite will likely be true for divorce filings in 2019; January may bring a reduction in the number of cases filed since the push to beat the clock, and the new tax guidelines, will likely have run its course. Grand Rapids divorce attorneys, judges, and other legal professionals across the country may get a reprieve from the wave of new cases once the current rush is over.

If you are considering divorce now or in 2019, please consult a divorce attorney before taking your first steps. In Grand Rapids, please contact the experienced attorneys at Johnsen Wikander and let us help you through your most difficult time.

Celebrity Divorce Quotes

Celebrity Divorce Quotes

/in , /by

Celebrities are just people too. However, they are people whose dirty laundry is hung out to dry in the middle of the public arena for the whole world to see. When celebrities go through divorce proceedings, they make statements and give interviews that have been known to produce funny, sad, and even touching quotes that may connect with many West Michigan divorcing spouses.

Here are a few.

1. Anna Farris

“Life is too short to be in relationships where you feel this isn’t fully right or somebody doesn’t have your back, or somebody doesn’t fully value you. Don’t be afraid to feel your independence if things aren’t right.”

Recently, divorce rates began to stabilize and drop because of the new approach Millennials are taking. Instead of seeing marriage as strictly based on emotional attraction, Millennials are tying the knot to help each other achieve their individual and common goals, make better use of their pooled resources and help protect each other from unforeseen circumstances.

In other words, they’ve got each other’s backs.

2. Reese Witherspoon

In a 2008 interview with Parade, Witherspoon said, “There are things in my life that are hard to reconcile, like divorce. Sometimes it is very difficult to make sense of how it could possibly happen. Laying blame is so easy. I don’t have time for hate or negativity in my life. There’s no room for it. When you make wrong choices, you have to take responsibility for them: ‘What part of this do I own?’”

There are always two sides to a story. It’s very easy to point fingers and assign blame but in the end, no one can move forward until anger is replaced by cooperation and an agreement is reached. That’s why Collaborative Divorce has become a popular option for many couples; the mutually beneficial outcome helps couples maintain a good relationship which makes responsibilities such as co-parenting better for their children.

In other words, Collaborative Divorce helps couples set aside the blame and negativity and work on being the best parents possible.

3. Jessica Simpson

“It was like a death in the family: You go through the mourning stage, then the rebellion, and then all of a sudden you have to find life by yourself,” she told Glamour in August 2009. “Once you do that, you feel complete—and that’s the only time you can truly fall in love again and give yourself over completely to another person.”

Wise words from Ms. Simpson regarding divorce and death. So many people have compared the two, saying divorce is even harder to handle than the loss of a loved one. The 5 stages of grief also follow divorce, which means the same outcome is inevitable for most people and with acceptance, the healing process can begin.

4. Jennifer Lopez

“There’s no pain or failure like going through a divorce.”

Sometimes it’s nice to know that celebrities, even those as well-known as Jennifer Lopez, have the same fears and doubts, and feel the same pain, that the rest of us do.

If you are facing divorce, please consult with a qualified divorce lawyer before making any decisions. Contact the experienced Grand Rapids divorce attorneys at Johnsen Wikander and let us help you through your most difficult time.

Collaborative Divorce – A Better Approach to a Difficult Issue

Collaborative Divorce – A Better Approach to a Difficult Issue

/in , /by

In the past, divorcing couples were given few choices when the decision was made to end their marriage. A traditional divorce, which often created feelings of anger and resentment due to the adversarial nature of the process, was very often the only choice a couple faced.

In 1990, Stuart Web, a Minnesota divorce lawyer, grew frustrated by the conflict created through traditional divorce proceedings and created the less impactful process known today as Collaborative Divorce. After representing divorce clients for 15 years, Webb recognized the need for a more respectful, less adversarial process that presented both spouses with a mutually beneficial outcome.

Collaborative Divorce has since become a widely accepted option for divorcing couples who wish to work together to achieve an outcome that not only satisfies both spouses’ needs and wishes but also puts the security of any children involved in the divorce above all else.

By reducing the conflict present in many divorce cases, the children receive another benefit to Collaborative Divorce. Relationships between divorcing spouses are more likely to remain respectful and civil when both parties work through the divorce process together, leading to a more stable and friendly co-parenting arrangement.

Collaborative Divorce can also cost less than traditional divorce proceedings. By reducing anger and resentment and introducing cooperation, the time required to achieve an acceptable outcome can be reduced, along with fees and court costs.

The time required to complete the divorce process can also be reduced. If both spouses can work together to make critical decisions and agree on the outcome, the process can move faster and potentially can be completed in less overall time without involvement of the courts.

In a Collaborative Divorce case, both parties agree to work together to reach a mutually beneficial outcome with the assistance of divorce lawyers, financial specialists, mental health professionals, and other important professionals who have been specially trained in the Collaborative Divorce process.

If you are considering divorce, you may not be aware of the options available to you and your spouse today. Please take the time to educate yourself before proceeding with any legal action. In West Michigan, please consult with the specially trained Collaborative Law professionals and Grand Rapids area divorce attorneys at Johnsen Wikander and let us help you through your most difficult time.

Divorce Today – No-Fault vs Fault Explained

Divorce Today – No-Fault vs Fault Explained

/in , /by

At one time, anyone filing for divorce in the United States needed to prove fault before being granted permission to proceed. Reasons for fault varied, and individuals seeking to split with their partner often found reasons to do so anyway.

In a divorce, fault could include adultery, prison time, alcohol or drug abuse and mental or physical cruelty. In many cases, when good reason could not be provided, one or both spouses chose “irreconcilable differences” as their reason for separating.

Today, 17 of the 50 states are “no-fault” states, not requiring (or allowing) spouses to blame the other for the breakdown of their marriage. Traditional reasons for divorce, such as adultery and abuse, are not recognized as reasons for ending the marriage in these no-fault states.

The other 33 states do allow a reason to be given as the reason for the breakdown of the marriage, however, they do not require it. In these states, no-fault is the main reason for the divorce, and any other details provided simply fall under the no-fault umbrella.

One of the biggest differences between fault and no-fault divorce is the cost involved. Since fault requires one spouse accusing the other in order to obtain their divorce, litigation can drag out and legal fees can be significant.

When fault was required in order to proceed with a divorce case, couples often lied under oath when giving a reason for the breakdown of their marriage. By making false statements, people would often commit perjury just to be granted their divorce. The no-fault divorce designation helped the courts to more efficiently process divorce cases and reduce legal fees for litigants.

As a No-Fault state, Michigan does not require a reason for divorce. One spouse, and one spouse only, must state under oath that, “there has been a breakdown in the marriage relationship to the extent the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.” The other spouse may disagree, but the filing spouse will be granted their divorce regardless.

If you are considering divorce or feel that it is one of your only options, be sure to discuss your situation with an experienced West Michigan attorney. In Grand Rapids, please contact the legal professionals at Johnsen Wikander and let us help you through your most difficult time.

The Power of Mediation for Divorcing Couples

The Power of Mediation for Divorcing Couples

/in , , /by

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.