Attorney Kirt L. Harmon represents people in divorce, custody and child support matters. He routinely handles family law issues for people who reside in Alger and Schoolcraft Counties (Munising, Manistique, Au Train, Grand Marais, Michigan areas).

Divorces are never an easy process to go through for any of the parties involved, including Attorney Harmon. There are however many situations in which a divorce is the healthier answer for all parties concerned, particularly the children.

Regardless of your situation, it is always wiser for all parties to ensure that all of the legal "i's" are dotted and "t's" crossed, as the saying goes. That can mean that you and your children are legally safe from losing the family home, have support to sustain the family, and know that the retirement funds you have worked so hard to obtain are in tact. By working with Attorney Harmon, you can be assured that your financial security is protected.

Legal Separation

The first step towards obtaining a divorce is to file a petition with the court to ask that the court intercede in the marriage and dissolve the bonds of matrimony. Upon court approval, that petition legally separates the spouses. The petition asks the court to order the spouses to refrain from disposing of property, separate bank accounts, and temporarily award child custody (called temporary placement) and support.

Divorce

A divorce dissolves the legal relationship between spouses, but it does not dissolve the legal responsibilities of each spouse to the orders of the court. In most instances, the legal responsibilities that ensue after divorce involve child custody and support, or in some instances family support. For example, continuing legal responsibilities include funds from vested retirement programs and medical insurance coverage.

Divorce orders are called "decrees" and they are the final order of the court on all matters pertaining to the divorce. A final divorce decree cannot be reversed. However, some of the provisions of a court's final order can be modified. Modifications usually involve custody of the children, or support of the children or family.

Child Placement

Child placement orders are often called child custody or visitation orders. However, there are two distinctly different orders considered by the court: legal and physical.

Legal placement - or legal custody as it is often called - is the legal responsibility for a child or children involving decisions such as medical treatment and school choices. Courts typically order legal custody jointly to the parents, unless there is some reason for the court to believe that one or both parents cannot make responsible decisions for the child or children.

Physical placement - often called custody or visitation - is an order of the court providing which parent will assume the primary parental role, the child's primary residence, and a schedule "visitation" with the other parent.

Ideally, the courts wants to further society's objectives - to nuture healthy, intelligent contributors to communities and leaders for families. To that end, the court seeks to order custody in the best interests of the child or children involved.

Modifications To Court Orders

While a divorce decree cannot be reversed, certain provisions of a court's final divorce decree are subject to modification as circumstances change over time or additional information becomes available that supports a change.

As income increases for the parent paying support, the parent receiving support for minor children can request a review of the support order for possible modification. As well, the friend of the court can initiate such a review.

Custody orders are also subject to modification by a court or stipulation of the parents. Custody can be changed for numerous reasons, such as a change of workplace for a custodial or non-custodial parent, changes in residents, and abuse. Under the Uniform Family Act, courts strive to keep a child close to family, and often will refuse a request to move a child out of the Munising area.

Divorce Consultation

If you are contemplating divorce, please contact our office to arrange a consultation so that you can understand the process and how the law may affect you now and in the future.

Attorney Kirt L. Harmon: 906.387.3888