Hawaii Divorce Lawyers

Why to approach a Hawaii divorce lawyer?

Divorce is an economically complex and emotional issue. In order to safeguard the rights and fortunes of the partners involved in a divorce, it is essential to take the services of a divorce lawyer. It may happen that the lawyer may refer the partners to a marriage counselor and assist in saving the marriage. In case divorce cannot be prevented, the lawyer will assist in taking steps to terminate the marriage and advise regarding a fair division of property, support and custody of the children. The lawyer can seek protection if one partner threatens to harass or assault the other, hide the property pertaining to the marriage or violate the visitation or custody rights. It is the duty of the lawyer to advise his client when unexpected problems arise, ensure that timely steps are taken to get a divorce and prepare a separation agreement.

Property division and Hawaii divorce lawyer

The divorce lawyer in the state assists the client in preventing overlook of valuable assets like pension rights. The lawyer helps in getting a fair division of property. If the partners are not successful in finalizing the property division, the court separates the property based on several factors like –

• Career potential and income of each partner
• Needs and financial resources of each partner
• Contribution of every partner to homemaking and child care
• Contribution of every partner to property

Grounds of divorce

As per the divorce law in the state, the following no-fault grounds are considered while granting the divorce –

• If the partners are living apart and separate for a span of 2 years and it is not oppressive or harsh for the defendant spouse to grant the divorce
• Irretrievable breakdown of the marriage

Tax Consequences

It is the duty of the lawyer to advise his client regarding the tax aspects of divorce. The taxes may get affected by the property division. As per the law of the state, support payments may be deductible or taxable. Taxes are also affected by child custody inclusive of child care credit, dependent exemptions and right to claim head of household status.

Alimony and child support

If the partners applying for divorce are unable to come to a decision regarding alimony, then the judge takes the decision regarding who ought to pay the money, the amount of money to be paid and for what duration the money should be paid. Such a spousal support may be awarded till the receiving spouse is remarried or is dead or becomes self supporting. This alimony to be paid depends on factors like –

• Circumstances leading to the divorce
• The financial needs
• The standard of living
• The individual income and property

Both the spouses are responsible towards supporting the children. If there is an absence of consensus between them, the court takes the decision on the basis of financial resources, income, custody and other obligations.

As per Hawaii law, the partners can approach the court after some years and request to alter the alimony or child support. However, it is mandatory that such partners must be able to furnish proof of alteration in needs or financial resources.

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