Divorce and Separate Maintenance Proceedings in Hawaii – Oahu
Honolulu HI Divorce Lawyers – Family Law Attorneys
Divorce and Separate Maintenance Proceedings
Divorce is such a huge and permanent step a large percentage of people who are having marital difficulties will take a step back and live apart for a while before filing a petition for divorce. This can of course be done without any formal legal arrangement in place, but Hawaii is a state that does indeed allow for legal separation. In cases such as these there is often the need for certain conditions of the separation to be documented legally, and these would commonly include matters that are pursuant to the children, like custody, visitation, and child support. In some instances, spousal maintenance can also be agreed upon or ordered by the court. This is a payment from one of the former partners to the other that is similar to what is commonly known as alimony, but in cases of separation it would be paid while the couple was still legally married.
A separation agreement can be entered into privately by the couple involved, and this can be done when they are living apart with the intention of working toward a possible reconciliation at some point in the future. But there are also couples who separate legally who do not have any interest in getting back together. The reasons why they may want to go this route rather than filing for divorce can be due to strongly held religious convictions, as there are faiths that do not allow for divorce. Financial considerations are another reason why a couple may choose to separate rather than get a divorce. For example, staying legally married might allow for continued health care benefits via the employer of one of the people involved.
Separate maintenance can also be agreed upon, or ordered by the court, while a divorce action is pending. This can be a routine aspect of a divorce that is proceeding in an amicable fashion, but it can also be required when the the separation has taken place due to some form of violent or abusive behavior that placed one of the former partners and/or the children at risk. It is worthwhile to note that a temporary spousal maintenance order or agreement would be superseded by a subsequent alimony or spousal support component to a finalized divorce decree.
If you have any questions about divorce and separate maintenance proceedings, simply get in touch with a Honolulu HI family lawyer who has a background handling these types of cases.