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Being Supportive when Friends Divorce | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Being Supportive when Friends Divorce

Married couples are not the only people affected by divorce. Many people have friends or family members who have been through the process as well, and when divorce happens to close friends or relatives it can also cause turmoil for the people close to the couple involved.

People want to be helpful when those around them are hurting or frightened. However, being supportive does not necessarily mean getting overly involved another person’s divorce. There are plenty of problems that arise when someone gives advice, chooses sides or tries to intervene.

Although they may have the best intentions, the advice provided by friends of separating spouses may not be relevant or helpful to the divorcing couple’s situation. No two divorce cases are exactly the same; the same decisions and arrangements very well will not apply to both.

It is also hard for people to remain neutral, no matter how much they try. When friends choose sides, whether it’s because they feel more loyalty toward one spouse over the other or because they perceive some emotional or personal gain from the relationship, feelings can be hurt and may lead to resentment, making an already difficult situation worse.

Friends close to the divorcing couple may trade information back and forth as well. In the search for details or information, rumors often start. This is even more of a problem in the Information Age, when every detail of most people’s lives often end up on Facebook, Instagram or Twitter.

Rumors are problematic enough, but misrepresented information can have a detrimental effect on the situation, especially if it plants the idea in someone’s head that one of the spouses has been acting badly, by hiding money or carrying on an affair.

Unfounded concerns, that lead to rumors, can have an unexpected effect on the divorce case. In litigated or very adversarial cases, a rumor about hidden money or an affair may encourage one spouse to delay the proceedings, often creating additional expense for both parties. Very often, the more litigious a divorce cases, the higher the attorney fee bill.

Being supportive to friends who are going through a divorce does not require getting involved with the situation itself. Provide a shoulder to lean on or a safe place to turn, but allow the divorcing spouse to get their advice and legal information from the right professional.

If you are considering divorce or feel that itis your only option, 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.

Divorce Today – No-Fault vs Fault Explained | Johnsen Wikander P.C. West Michigan Divorce Attorneys

Divorce Today – No-Fault vs Fault Explained

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.

New Tax Laws May Affect Alimony Settlements | Johnsen Wikander P.C. West Michigan Divorce Attorneys

New Tax Laws May Affect Alimony Settlements

The end of a marriage is one of the most difficult and stressful events anyone can go through. Many people have compared their divorce to the death of a loved one or the loss of a limb. Divorce is hard but entering into divorce proceedings unprepared will only make matters more difficult.

With the extra layer of uncertainty provided by our current political climate, it is extremely important to consider the effects that changing laws and tax codes may have on the outcome of a divorce. Any legal changes that affect personal finances, and how they are handled during and after a divorce, can be especially impactful.

Currently, proposed tax changes will end a law that has been in place for more than 70 years. Since 1942, alimony payments have been considered a deductible expense on personal tax filings. At the end of 2018, that law will be cut from the books.

The impact of such cuts on West Michigan couples could be far-reaching. Aside from the increase in cost to the payer, alimony may now become an even more hotly contested issue in divorce cases since it is likely to push either side in the case to disagree with the amount requested.

For the payer, the law means they will carry more expense for years to come. For the payee, the law could mean that they get a lower settlement in their divorce case, potentially affecting their quality of life. This major change has the potential to drive divorce rates up for the remainder of 2018.

For couples already struggling to find even ground in a rocky case, contesting an alimony request could add one more layer of turmoil and difficulty to their divorce proceedings. Before taking steps in any direction, spouses considering divorce should educate themselves on the changing laws and the potential effects.

Anyone considering divorce in 2018 should look to an experienced divorce lawyer for assistance and to become educated regarding the outcome of their decisions. Couples could easily end up fighting over a decision that may have been clear before changes to current laws. This could affect their ability to maintain a civil relationship once their divorce is final, which is an especially disruptive outcome for couples with children.

With any divorce, both parties should consider the importance of education and preparation. Please contact the experienced West Michigan divorce lawyers at Johnsen Wikander for help in understanding current and upcoming changes and how they could affect your case.

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.