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Need Representation for Your Divorce in Honolulu?

Protect Your Rights During Divorce

The topic of divorce is one that is very sensitive to many individuals. In the year 2010, the state of Hawaii had the fourth-lowest divorce rate in the nation. Less than 10% of individuals in the state were divorced. In paradise, however, marital problems still exist. Those who wish to get a divorce in Honolulu and are dealing with issues regarding the divorce should speak with a Honolulu attorney like me.

If you are facing the issue of divorce and would like legal guidance, call (808) 201-0496 today

Will My Divorce End Up In A Trial?

According to statistics from the American Bar Association, approximately 95% of all divorces are uncontested. In an uncontested divorce, you and your spouse would work together to negotiate an out-of-court settlement which addresses all of the issues involved in the case. If an uncontested divorce is not possible, on the other hand, you and your spouse will have to bring the case before a family law judge for a full trial to decide on matters including:

Defending Your Rights in Divorce

Before the family law judge will finalize your divorce, it will be necessary to reach a resolution on the many issues involved in the case, whether this is done through negotiation or by decree of the court.

Matters that must be addressed include:

  • Division of shared property, which includes a determination of what assets are to be considered shared property and what is the separate property of each spouse. Questions of property division become especially complex in cases where either spouse owns a business, retirement plan or other assets to which the other party may have a claim.
  • Responsibility for payment of shared debts, which depends in large measure on determining whether certain debts were incurred jointly or if, for example, one of the spouses ran up credit card balances or gambling debts.
  • Whether either spouse will be responsible to pay alimony to the other, and if so, how much he or she will pay and for what duration
  • Where the children will live, whether they will be with one parent or if you and your spouse will share physical child custody while the other parent receives rights of visitation
  • Which parent will be primarily responsible for making decisions about the children's lives on matters including their education, medical care and religious upbringing, or if decision making will be shared between the parents
  • Which parent will be responsible for paying child support, and how much he or she will have to pay

State law provides certain guidelines and requirements concerning the various aspects of a divorce. Many of these, however, are open to interpretation based on the evidence introduced by either party. For example, decisions concerning child custody are influenced by the question of what is in the best interests of the children. Your attorney can make an enormous difference by making arguments and providing evidence to show that the children would be better off living with you.

Divorce FAQs

If you are going through a divorce, then you likely have many questions that must be answered. Feel free to read through the following questions and answers and then contact my firm for additional information.

What is mediation?

Mediation means that the individuals going through the divorce are involved in an uncontested divorce and are able to communicate with one another. When a neutral third party is hired to be the mediator, any conflicts can be calmly discussed and resolved. The purpose is to work out a divorce agreement without having to go through a contested action in the courts.

How long does the process take?

In some cases, a divorce can take just a few weeks. This can occur if both spouses are able to come to an agreement on all important topics, such as child custody and property division. Such a situation would constitute an uncontested divorce. Sometimes, however, a divorce can take months because of the extensive negotiation that must take place, such as in a contested divorce.

What are the grounds for divorce?

In the state of Hawaii, a divorce can be granted for a few reasons. The first ground for divorce is that the marriage is irretrievably broken. The second is that both parties have lived separate and apart under a decree of separation, and no reconciliation has renewed the marriage. If the parties have lived separate and apart for two or more years under a decree of separation and no reconciliation has worked, then the divorce can be granted. The final ground for divorce is if the parties have lived separately for two or more years immediately prior to filing without any likelihood of reconciliation.

What are some divorce terms worth noting?

  • Plaintiff – This is the person filing for divorce
  • Defendant – This is the person that is served the initial divorce papers
  • Venue – This is the type of court where one files for divorce. In Hawaii, the venue for divorce is the Family Court.
  • Complaint for Divorce – This is the document that initiates the divorce petition
  • Decree of Divorce – This is the document that ultimately grants the divorce

What is the residency requirement for divorce in Hawaii?

In order to file for divorce in Hawaii, at least one spouse needs to be a state resident for 6 months or more preceding the divorce. Furthermore, the divorce must be filed in the county court where the resident has lived for three months preceding the divorce.

Speak with a Honolulu Lawyer Today

Before taking any further action on your divorce, contact me to discuss the situation, tell me your side of the story and learn about your legal options. People who attempt to handle divorce on their own frequently make mistakes that end up costing them greatly in the long term, in terms of both money and the quality of their relationship with their children. This may be an enormously stressful experience, but it is not one that you have to face alone.

Contact the Law Office of Steve Cedillos to enlist my services as a Honolulu lawyer. You can also call (808) 201-0496.

Client Reviews

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  • “Very caring and helpful. Couldn't have done it all without Steve. He made a horrible experience bearable!”


Why Choose Attorney Cedillos?

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