by Bradley A. Coates, Esq.

Background

• National Stats = 1 divorce for every 2 marriages
  = 1 divorce every 27 seconds
• Hawai`i divorce rate is high (16th in U.S.)
• Key Causes
  • the "Soap Opera" themes
  • Sex
  • $
  • Family
  • Substance Abuse
  • Emerging women's roles (women initiate 70%)

Contested v. Uncontested Divorces: Two Entirely Separate Tracks

• Uncontested: approximately 3 month (Affidavit without hearing)
  cost: approximately $500-$1,000
• Contested or Dismissed: 1 year from filing
  cost: $ Thousands

Grounds

• No-fault (marriage is irretrievably broken)
• Separation (marriage is temporarily disrupted; max of 2 years
• Annulment (rarely viable)

Residency

• 6 months (3 months for separation)
• Jurisdiction between states is a key issue
• "home court" advantage

Temporary Orders: Motions for Pre Decree Relief (temp custody, support, etc.) (TRO's)

Issues

• Property Settlements: "Equitable Distribution" = approximately 50/50 split; not community property.

• Key Property Items
  • Real Property
  • Retirement
  • Bank and Other Accounts
  • Debts
  • Final Settlement Payments
  
  

• Attorney's Fees - Taxes

• Court's mandate is to achieve "a just and equitable" property division. The Court has a "wide range of choices" to achieve fair division.

• Marital Partnership Model partnership principles now guide Court's choices (return of each partner's initial Capital Contributions is key)

• Spousal Support Issues
  • Alimony (rehabilitative, transitional, exceptional - only 9%)
  • COBRA (Medical Insurance)
  • Resumption of Maiden Name
  
  

• Custody
  • Legal vs. Physical
  • Visitation Schedules (Types A & B)/Cont. Juris.
  • Joint vs. Sole (key is keeping "Status Quo")
  • Social Study" procedures
  • Jurisdiction (UCCJA and PKPA)
  • "home" state
  • Kid's First Program
  
  

• Child Support
  • Child Support Guidelines (relatively high amounts; procedures for modifications
  • Mandatory Wage Withholding (CSEA/OIA/URES)
  • Education
  • Medicals
  • Tax Exemptions

Other Miscellaneous Issues

• Pre-nuptials
• Uniform Pre-Marital Agreement Act HRS Sec. 572D
• Spouse and Domestic Abuse/TRO (Abuse Legal Hotline 586-7371)/"No drop" policy/Mandatory Sentences
• Adoption - new laws re: reduced confidentiality
• Misc. - Paternity (30% of all Hawaii births)/Palimony/No Common-Law Marriage in Hawai`i

Importance of Attorney Selection

• important to Settle vs. Litigate
• seek a "Divorce with Decency" mindset

Miscellaneous Info

• Mediation - Neighborhood Justice Center (ph: 808-521-6767)
• Divorce Experience (ph: 808-548-4519)
• Kid's First (ph: 808-538-5878)