Family Law in Hawaii - Divorce and Child Custody
Whether your divorce is contentious or not, whether you have children or not, or whether you have a lot of assets or not, there is one common theme among all divorce and child custody matters: it is emotionally taxing. Under those circumstances, it can be easy to overlook an important matter or to compromise to something to your detriment. A divorce and child custody lawyer in Hawaii will make sure nothing is overlooked and that any resolution to your divorce or child custody matter is fair and considers your rights and interests.
At Segal Law, our divorce and child custody lawyer helps clients understand what's at stake. Some of the most common questions asked are answered here for you. We know that informed clients make better decisions for themselves and their families. If you want specific answers that relate to your unique situation, contact us online or at 808-865-2100 to schedule a consultation.
How much will my divorce in Hawaii cost?
The cost of your divorce will depend on multiple factors, but mainly it depends on whether the divorce is contested or not. Naturally, an uncontested divorce will not cost as much simply because the process is much more straightforward. In an uncontested divorce, you may not even see a day inside the courtroom. But in contested divorces, the costs depend on factors like:
- The extent of the disputes or disagreements between the spouses
- The potential for custody battles
- The number of assets, including allegations of hidden assets
- The attorney you hire––and that does not only mean the attorney fees, but the lawyer's legal competency and negotiating skills
What if my spouse does not want a divorce?
You can still file for divorce even if your spouse does not want the divorce. Hawaii is a "no-fault divorce" state. No fault simply means the marriage has irretrievably broken down or the spouses have irreconcilable differences.
How is child custody or support determined in Hawaii?
Child custody, visitation, and child support are determined on a case-by-case basis, using specific guidelines and formulas under Hawaii law. These matters, however, are always finally determined by considering the "best interests of the child" standard. In general, though, courts want both parents to build strong relationships with their children. Courts also recognize that both parents are financially responsible for the child. Child custody, visitation, and child support will reflect those beliefs as the basis of the determination.
How is alimony determined in Hawaii?
Alimony, also referred to as spousal support or spousal maintenance, is determined on a case-by-case basis using specific guidelines, including consideration of the present earning ability and future earning opportunities of the spouses. If one spouse was dependent on the other spouse through the marriage, that factor will weigh on a court's decision.
How are assets and debt divided in Hawaii?
Assets and debts are divided according to Hawaii's equitable division of property approach. Equitable division means that most assets and debts acquired during the marriage are treated as sort of "business partnership" property that is subject to fair division between the spouses, regardless of which spouse acquired it or whose name is on it. Exceptions can include gifts and inheritances received during the marriage.
My spouse is abusive. How do I protect myself during the divorce?
Spouses who have abusive spouses are in most danger when they seek divorce. You should protect yourself by getting as much help and support you can. You can file a temporary restraining order and seek a permanent order of protection. Segal Law can help you protect you using that process if you find yourself in an abusive relationship. We can also put you in touch with Hawaii's state and local county programs that are aimed at helping survivors of domestic abuse.
Contact a Divorce and Child Custody Lawyer in Hawaii Today
If you are thinking of a divorce or have been served divorce papers, or need assistance with a child custody matter, contact Segal Law either by using the online contact form or calling us at 808-865-2100. We will schedule a consultation so that you can get your most immediate questions answered.