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

A legal separation is a court-ordered temporary allocation of property (including bank accounts and the family home), and a temporary separation of spouses. When people are proceeding towards divorce, they are required to obtain a court-ordered legal separation; the act of simply living apart will not suffice. A legal separation will usually address two other legally-binding issues to the marriage: support and custody of any minor children.

If spouses decide not to pursue divorce, a legal separation can be reversed, unlike a divorce which cannot be reversed unless the spouses remarry.

A legal separation is intended to place legal restrictions on the spouses and their property. Each spouse will be ordered by the court to handle property in a specific manner, such as to refrain from obligating the spouses to debts. The separation agreement may also specify a temporary support order, which has the full effect of the law while in place.

The legal separation order is nullified when the final divorce decree is entered by the court.

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 could include distribution of 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 with regard to children: legal custody and physical placement.

Legal custody - or legal placement - 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. It determines where the child or children will reside.

Visitation is a word that is often misleading. Visitation involves a right of a person or persons such as grandparents to visit with a child or children. Visitation orders often result when there is a person or persons who have been very involved in the child's life, offer stability to the child's emotional well-being, or have provided for the child's support. There are other causes that may result in a visitation order as well, but the key to visitation orders is that they do not confer legal responsibilities upon the person receiving visitation for legal decisions such as medical care or residence responsibilities.

Ideally, the courts wants to further society's objectives - to nurture 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.

For example, 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, how the law may affect you now and in the future, and how we may be of assistance.

Attorney Kirt L. Harmon: 906.387.3888