The Family Court in Hawaii has jurisdiction over divorce, child custody and visitation, child support, alimony and the division of marital assets. Family law also includes other family or child related issues such as domestic violence, paternity, adoption and guardianship.
Marriage is a contract and a lawyer can advise you about your legal rights before you get married. Couples sometimes execute Prenuptial Agreements before marriage to avoid disputes about property rights and support in the event of death or divorce. A lawyer can also assist you with an adoption or guardianship, divorce, custody and child support issues.

PREMARITAL AGREEMENTS
A Premarital Agreement can specify how property will be disposed of in the event of separation, divorce, death or the occurrence of a particular event. Couples who are interested in retaining their premarital assets as separate property are well advised to consult an attorney about a premarital agreement.

DIVORCE
If a divorce appears to be inevitable, it is wise to consult an attorney. The Family Court has exclusive jurisdiction in divorce related issues which include child custody and visitation, child support, alimony and the equitable division of marital assets. The vast majority of divorces are uncontested which means that the husband and wife are in basic agreement on all substantive issues that the Court must address. A contested divorce is usually damaging to both parties and expensive. Your attorney should be skilled in mediation and negotiation in order to avoid the necessity of a contested divorce.

CHILD CUSTODY AND VISITATION
In awarding custody, the Family Court is guided by one fundamental principle ... what is in the best interest of the child? There are two types of custody - legal custody and physical custody. The parent awarded legal custody makes legal decisions for the child such as choice of domicile, school and medical decisions. The parent awarded physical custody is charged with the responsibility to make day-to-day decisions concerning the welfare of the child. The noncustodial parent is entitled to rights of reasonable visitation with the child.

CHILD SUPPORT
Child support is ordered by the Family Court to provide for the support, maintenance, and education of the children. Child support is calculated based on the parents' capacity to earn income and the custody and visitation situations. Child support is an absolute obligation of every parent.

ALIMONY
Alimony, or spousal support, is ordered by the Family Court in cases where the Court is convinced that an alimony award is just and equitable. Alimony may be ordered in monthly payments or in one lump sum payment. Alimony can be rehabilitative, such as for education and job training, or transitional which would include basic support and maintenance.

MARITAL ASSETS
In a divorce, the Court must divide and distribute marital assets. There is no fixed rule and the Family Court has wide discretion to divide property as the Court deems just and equitable. Marriage is a partnership and partnership principles guide and limit the range of the Family Court's choices in dividing assets. The division of marital assets is extremely complex, and it is wise to consult an attorney.

DOMESTIC VIOLENCE
There is no excuse for domestic violence. Victims of domestic violence should consult an attorney immediately. The court affords victims of domestic violence protection by issuing temporary restraining orders (TRO's). Anyone involved in an abusive relationship should seek professional counseling and legal assistance without delay.

COMPLIMENTARY CONSULTATION
Our firm offers a complimentary family law consultation. Our fee structure is reasonable, and our consultation will include a written fee quotation. If you need assistance call us today for your complimentary family law consultation.