Contested Divorce in Hawaii – Oahu
Honolulu HI Contested Divorce Lawyers – Family Law Attorneys
The process of divorce may sound daunting, and there are indeed a lot of details that need to be addressed when a married couple decides to get divorced. Just how complicated the proceeding will be depends on a few different factors. If the couple does not have a great deal of shared assets, and if they have no children, the matter is greatly simplified. On the hand-to-mouth financial level, if both people involved have careers and are totally self supporting, this also makes the divorce much simpler because there are no concerns about basic needs being met. But if the couple does have significant shared property, and if they do indeed have children, there are more things to consider. However, the fact is that most people can come to a voluntarily agreement about child custody, visitation, and support, and even spousal support if necessary. The division of property and debt can also be resolved privately in most cases. But in those limited instances when no common ground can be found, the result is a contested divorce.
Contesting the financial aspects of the proceeding is usually less emotional than the matters that involve the children, and this is quite understandable. When discussing the division of property and other shared assets, as well as mutually acquired debt, you are talking about numbers, cold hard facts. Hawaii is what is known as an “equitable distribution” state, which means that if the matter is decided in court the property will be divided in a fair and equitable fashion. The divorcing couple is going to be working with the same facts and figures that the court will see, so it is logical to assume that they can come to an agreement that would mirror any decision the court would make if they are truly being fair minded and objective.
The court is always going to prefer that divorcing couples come to mutually agreed upon terms of their own across every issue, but this is especially true when it come to the children. The state of Hawaii keeps the best interests of the children in mind at all times and their goal is to minimize the trauma that is experienced by the children of divorcing couples, and this objective should guide the actions of the parents as well. But when they simply cannot agree, a professional mediator is often brought in to facilitate a useful dialogue that can usually push the matter forward toward a resolution that is acceptable to both parties. If that effort also fails to bear fruit, the matter will have to be decided in court.
If you are engaged in a contested divorce proceeding, the only way to be sure that your interests are being properly advocated is through the representation of an experienced Honolulu HI divorce lawyer.