Divorce Law in Hawaii
How to Find a Hawaii Divorce Attorney
Regardless of what Donald Trump tiringly says, President Barack Obama was born in Hawaii. But you already know that. Perhaps you also know that President Obama's parents were divorced and his father only visited him in Hawaii once after the break up.
We did not come to fear the future. We came here to shape it.
-President Barack Obama
In spite of the divorce, he went on to do great things and have a strong family. You and your children can do the same. If you are considering divorce and are researching Hawaii divorce lawyers, this article is for you.
In this article (which is based upon Hawaii divorce law), we'll discuss:
- Hawaii specific divorce law requirements;
- What you need to know about divorce, in general;
- Whether it's in your best interest to hire a Hawaii divorce attorney;
- How to find and select a qualified divorce lawyer; and
- How to prepare to work with your lawyer.
Hawaii Divorce Law Specifics
- A Hawaiian court only has jurisdiction to grant your divorce if either you or your spouse have either been domiciled or have resided in Hawaii for the 6 months immediately prior the divorce filing.
- Hawaii law requires that initial divorce filings cite the grounds for divorce. There are four different grounds, but they are very similar - irreconcilable differences and living apart.
- Unfortunately, Hawaii divorce law terms, which identify you and your spouse, are archaic and the terms, "plaintiff" and "defendant" are used.
- Divorce filings are made in the Family Court.
- Property distribution will be equitable, which means, "fair", not necessarily equal.
- Spousal support (i.e. alimony) may be awarded in some cases and child support in based upon the Percentage of Income Formula.
What You Need to Know About Divorce in a Nutshell
If you want to get through your divorce and into a strong future,
- Get good legal advice and hire a divorce lawyer who will work cooperatively and encourage you and your spouse to work out a marital settlement agreement.
- Keep in mind that if you cooperate, compromise, and follow your attorney's direction, you will pay lower legal fees and get more of what you want in the divorce.
- Going to court is a complete loss of control, further antagonizes all parties involved, causes increased stress, and costs a lot of money.
- Remember that your divorce lawyer and your children are not your therapists. Work with a qualified therapist.
Is it in Your Best Interests to Work with a Hawaii Divorce Lawyer?
Of course it is. After all, your future, children, finances, and sense of wellbeing are at stake. Think about what just one or two mistakes could cost you; and, if you give up marital rights during your divorce, you can't go back and assert them later.
Even Hawaiian attorneys, who go through divorce, hire their own divorce lawyers.
How to Find and Select a Hawaii Divorce Attorney
For quick and easy results, Google "How to Find a Hawaii Divorce Attorney" or ask friends and family for referrals.
Narrow the list of potential attorneys down to those licensed in the state of Hawaii who focus their practice on divorce and family law.
Then, interview attorneys with whom you may want to work and ask:
- If the attorney is experienced in working collaboratively.
- If he or she will answer your questions and let you know how best to communicate with him or her.
- If he or she will help you keep your legal fees and stress level to a minimum.
It's okay to ask about fees, time frame, what you can expect, and whatever else is on your mind. Choose the attorney you feel most comfortable with.
How to Prepare to Work with Your Divorce Attorney
Most of the work in preparing to work and actually working with your divorce attorney is mental and emotional. The more you can keep it together, the lower your legal fees and the more you'll get what you want. Really.
Of course, there's some paperwork as well.
- Consider reconciliation. Is your marriage truly irretrievably broken? What if your anger vanishes in 2 weeks or 2 months? Divorce will always be an option; there's no requirement that you take action right this minute.
- Meet with a therapist. Everyone needs someone to talk to when going through tremendous change. Don't use your children or your divorce lawyer as a therapist.
- Practice the 4cs. Cooperation, communication, collaboration, and compromise are key to getting what you want and keeping legal fees to a minimum. The more you say "yes", the more you'll actually gain.
- Gather financial documentation. You'll need to have income, expense, debt, and asset information.
- Make a wish list. Jot down everything you would like in the divorce regarding finances, terms, and your children. Star** the items that are your top priority.
- Make a question list. Keep track of all of your questions and concerns to address with your lawyer during your next telephone conference.
Where you are right now doesn't have to determine where you'll end up. No one's written your destiny for you, because here in America, you write your own destiny. You make your own future.
- Hawaii Native, President Barack Obama