From custody and support to spousal support and property division, attorney Michael Fayard is here to guide you and fight for what matters most in your post-marriage life.
To learn more about your options and how to take control of your divorce, call 808-650-5250 to schedule a consultation.
The process of filing for divorce is straightforward in Hawaii. One party must live in the area served by their family court. You must also decide what grounds to use for filing for divorce and determine whether your divorce is contested or uncontested.
Hawaii, like most other states, does not do fault-based divorces. You do not have to prove that your spouse was unfaithful, abusive, or otherwise an inadequate partner to be granted a divorce. You can file if the marriage is irretrievably broken or if you have been living apart for an extended period, either with or without a decree of separation.
When you file for divorce in Hawaii, you should know if it’s uncontested or contested. In an uncontested divorce, both parties agree on the terms of the divorce. This includes everything from child custody to the division of assets. This option is much less expensive and time-consuming. In a contested divorce, one party could fight the divorce, or the parties cannot agree on the divorce terms.
An annulment is an appealing option for some couples, particularly those whose religion or culture does not permit divorce. If an annulment is granted, it is as if the marriage never happened. However, any children born from the union are still considered legitimate.
An annulment may be granted if the marriage is incestuous, involves an underage partner, includes bigamy, includes one partner who cannot consent to marriage, occurred under fraud or coercion, or happened while one partner was concealing a disease.
Michael was co-counsel representing a maritime worker that was injured when a negligent employee struck him in the head with a bell hammer attached to a crane. Pre-trial offer was $0.00.
SR v. TS, et al. – I represented an elderly client that was the injured and was the victim of fraud and theft by thieves using a forged power of attorney and forged deed. Pre-trial offer was $2,500.00.
If you’re pursuing an uncontested divorce, you, your Honolulu divorce lawyer, and your partner will work through paperwork that grants an uncontested divorce by affidavit. It covers topics like the division of property, how debts will be paid, and where the children will live. After it’s submitted, the Hawaii Family Court judge will review it, approve it, and sign it.
If the divorce is contested, your attorney will handle communication with your ex-partner’s lawyer for divorce proceedings. You can discuss the divorce settlement in negotiation sessions, mediation, and conferences. Plan regular meetings with your attorney to provide documentation, submit evidence, and discuss potential solutions.
If both parties agree, the attorneys can draw up the paperwork and submit it under Hawaii divorce laws. In the meantime, the court may draw up temporary orders for custody, child support, and alimony. If there are unresolved issues after negotiations, the court will decide any remaining issues. At that point, your divorce will be granted.
Before your divorce is finalized, family law in Hawaii requires that some issues be agreed upon by both parties or decided by the court. Spend some time thinking over these issues—you’re unlikely to get everything you want in a divorce, so you should know where you’re willing to compromise, what doesn’t matter to you, and what your top priorities are.
Alimony may be awarded depending on each partner’s earning capacity, assets, and financial stability. Hawaii does not specify the amount or duration of alimony, so it all depends on what the parties agree to or what the court decides. Alimony is not based on who erred in the marriage or who was the better spouse—it is solely based on each party’s financial wellbeing after the divorce.
Like most states, Hawaii handles divorce and child custody concerns by deciding what is in the child’s best interests. With resources like the state’s Kids First Hawaii program, parents can understand what their children need during this time and how to best meet their needs during and beyond divorce.
The Hawaii State Judiciary makes it easy to calculate child support. While these are estimations, the calculation accounts for both parents’ income, health insurance expenses, how many children require support, the cost of living for each parent, and childcare expenses. Other extenuating factors may deviate from the worksheet.
Your Honolulu divorce attorney will strive for an equitable distribution of property. Instead of simply dividing all marital property in half, equitable distribution awards property based on each party’s needs and circumstances. The vague laws allow each couple to do what is best for their situation.
Whether you’re anticipating an uncontested or contested divorce, working with a divorce attorney in Honolulu is the best way to protect yourself during this demanding time. While it may seem like an extra expense during an already difficult time, consider what you stand to lose if you do not hire an attorney.
If you don’t understand what you agree to in a divorce decree, you could be left paying for your marriage long after the relationship ends. Meet with attorney Michael Fayard by calling 808-445-6708 or use the online contact form.