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Ashford & Wriston, LLP.

Ashford & Wriston, LLP.

Honolulu, United States

Founded in 1695
30 people in their team
For more than 65 years, Ashford & Wriston has been trusted for its legal expertise in Hawaii. We have expanded our practice groups through...
English

About Family Law in Honolulu, United States:

Family law in Honolulu, United States deals with legal matters related to family relationships, such as marriage, divorce, child custody, and adoption. It encompasses a comprehensive set of laws and regulations that aim to protect the rights and best interests of all family members.

Why You May Need a Lawyer:

There are several situations where seeking legal help in family matters is highly recommended:

  • Divorce or Separation: When going through a divorce or separation, a lawyer can help navigate the complex legal processes, divide assets, determine child custody, and establish support payments.
  • Child Custody or Visitation: If you are a parent fighting for custody or visitation rights, a lawyer can assist in presenting your case, understanding the relevant laws, and protecting the best interests of your child.
  • Adoption: Adopting a child involves extensive legal procedures. A lawyer can guide you through the adoption process, ensuring all requirements are met, and helping to finalize the adoption legally.
  • Domestic Violence: If you or your child are victims of domestic violence, a lawyer can provide legal protection by obtaining restraining orders and taking appropriate legal actions against the abuser.
  • Prenuptial or Postnuptial Agreements: When considering such agreements to protect assets and finances before or during marriage, consulting with a lawyer can help ensure your rights and interests are adequately safeguarded.

Local Laws Overview:

In Honolulu, United States, several key aspects of local laws are particularly relevant to family matters:

  • Divorce: Honolulu follows a no-fault divorce system, which means that neither spouse needs to prove fault or marital misconduct to obtain a divorce. However, property division, child custody, and support matters can still be complex, requiring legal guidance.
  • Child Custody: In determining child custody, Honolulu prioritizes the best interests of the child. Factors such as parental ability to provide care, stability, and the child's preferences (if appropriate) are considered.
  • Child Support: Honolulu has specific guidelines to calculate child support based on various factors, including each parent's income, the child's needs, medical expenses, and childcare costs.
  • Marital Property: Hawaii is an equitable distribution state, meaning that marital property is divided fairly but not necessarily equally. Factors such as each spouse's contribution to the marriage, their financial situations, and the duration of the marriage are considered.
  • Spousal Support: In cases where one spouse needs financial support after a divorce, either temporarily or permanently, Honolulu may award spousal support. The court considers factors such as the length of the marriage, each spouse's financial resources, and the standard of living during the marriage.

Frequently Asked Questions:

1. Can I get a divorce in Honolulu if my spouse does not agree?

Yes, you can still obtain a divorce in Honolulu, even if your spouse does not agree to it. However, the process may take longer and involve more legal steps. Consulting with a lawyer is crucial to understand the specific requirements and options available to you.

2. How is child custody determined in Honolulu?

In Honolulu, child custody is determined based on the best interests of the child. The court considers various factors, including parental capabilities, the child's preferences (if appropriate), and the overall well-being of the child. It is recommended to consult with a lawyer to present your case effectively.

3. What factors are considered when calculating child support in Honolulu?

When calculating child support in Honolulu, factors such as each parent's income, the child's needs, medical expenses, childcare costs, and other relevant factors are taken into account. Consulting with a lawyer can help ensure a fair calculation based on your specific circumstances.

4. How does the court divide property during a divorce in Honolulu?

In Honolulu, marital property is divided fairly but not necessarily equally. The court considers factors such as each spouse's contribution to the marriage, their financial situations, and the duration of the marriage. It is essential to seek legal advice to protect your rights and interests during the property division process.

5. Can I modify a child custody order in Honolulu?

Yes, it is possible to modify a child custody order in Honolulu, but there must be a significant change in circumstances that warrants modification. Consulting with a lawyer to understand the legal requirements and to present your case effectively is highly recommended.

Additional Resources:

For further information and assistance related to family law matters in Honolulu, the following resources can be helpful:

  • Hawaii State Judiciary - Family Court: www.courts.state.hi.us/courts/family_court
  • Hawaii State Bar Association - Family Law Section: www.hsba.org/FamilyLawSection
  • Legal Aid Society of Hawaii: www.legalaidhawaii.com

Next Steps:

If you need legal assistance in family matters in Honolulu, United States, the recommended steps are:

  1. Evaluate your situation: Determine the specific issue you need assistance with and gather relevant documents.
  2. Research lawyers: Look for experienced family law attorneys in Honolulu who can handle your case.
  3. Schedule a consultation: Contact the selected lawyers to schedule an initial consultation.
  4. Prepare for the consultation: Organize your questions and concerns and bring all relevant documents to the meeting.
  5. Consult with an attorney: Discuss your case during the consultation, ask about their experience and fees, and evaluate if they are the right fit for your needs.
  6. Retain a lawyer: If you feel comfortable with a particular attorney, sign an agreement and engage their services to represent you in your family law matter.
Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.