If you’re facing a divorce, the most pressing concerns are naturally those issues related to your children and their welfare (whenever children are involved). The next most important piece of the divorce puzzle is always finances. Securing a custody arrangement that addresses your fundamental concerns for your children and bolstering your financial stability are the critical factors in nearly every divorce. An experienced family law attorney will help you address these issues with confidence as you segue into your newly forged future.

If you’re looking at a divorce or have divorce-related issues, you’re no doubt going through a very stressful time, but you’re not alone. A dedicated Divorce Attorney can help you to better understand your options and to move with purpose toward your future. Divorce is never easy, but the experienced legal team at Olson & Sons, Attorneys at Law, in both Kona and Kamuela is here to help you navigate the process – armed with the information, guidance, and support that you need. Your case matters, and we’re here to help.

Child Custody Attorneys in Kona and Kamuela

Let’s talk about first things first. Your number one concern is bound to be your children. Divorce is hard on everyone, but as a parent, you naturally want to protect your children and provide them with the best living situation possible even as the relationship between you and your spouse shifts. In Hawaii, the court determines custody issues based on the best interests of the child. If you and your divorcing spouse agree about your children’s living arrangements and trust that you will stay in agreement, the court won’t get involved. Either way, however, it’s important to understand the custody basics:

• Physical Custody
  If one parent has sole, or primary, physical custody of the children, it means that the kids live primarily with that parent. Custody can also be joint/shared, which means that the children divide their time between both parents. Further, custody can be classified as extensive visitation, which means that one parent has sole physical custody but that the other parent has more visitation time than is typical. If one parent is granted sole physical custody, the other parent’s time with the kids is usually referred to as visitation. Child support is based on physical custody.
• Legal Custody
  Legal custody relates to who’s responsible for making important decisions related to the children. These generally include decisions related to medical health, education, and religious upbringing. They can also include decisions such as providing consent for the child to obtain a driver’s permit, join the military, or marry before turning 18. Legal custody is usually joint, but it can be sole.

Your skilled Child Custody Lawyer can support you to better understand the custody question and will help you forge a custody arrangement that works for you.

Kona and Kamuela Property Division Lawyers in Divorce

After custody issues, the division of assets – including property – is the primary hurdle in nearly every divorce. In Hawaii, the courts are looking for a division that is fair and equitable. This can be misleading, however, and it does not mean that your assets will be split evenly down the middle. Instead, this terms means that the court is looking for a division that ensures both of you are treated fairly (in the eyes of the court). Usually, assets and debts that were acquired before the marriage are considered personal (not marital) assets and aren’t included in the division of property. The court, however, has discretion with this issue, and there are no guarantees. For this reason, it is critical that you have an Attorney in Kona or Kamuela represent your rights.

Protecting Your Right to Your Home

When you’re divorcing, the home you live in very well may become a contested asset. It becomes an especially significant issue if you have physical custody of your children and you want to continue to raise them in their home. The court will consider all the variables at play in your divorce when determining how your home will be divided. If you are granted your home in the divorce settlement, you’ll likely need to refinance it and pay your former spouse his or her share of the equity unless other assets compensate your former spouse for their interest in the home.

Hammering Out the Details

There are many different moving pieces in a divorce, but you don’t have to figure everything out all at once. Divorce disrupts the lives of everyone involved, and there’s simply no way around this fact. There are, however, steps that you can take to make things go more smoothly and predictably:

• Voice your concerns with your family law attorney and let him or her know those concerns that are most important to you
• Figure out which issues you’re prepared to compromise on
• Gather your financial and administrative documents and keep them organized and accessible
• Talk openly with your family law attorney and carefully investigate with him or her what your best options are

Every divorce is unique, but an experienced family law attorney understands what’s likely to lie ahead and will help you make the important decisions that you’re facing.

Finally, it’s important to point out that almost no one wants to go to court to work out the important details of a divorce – the outcome is simply too unpredictable, and going to court is invariably costly. It’s always in your best interest to come to a settlement agreement, if you can. Retaining an experienced family law attorney will maximize your chances of reaching a pretrial settlement. In many cases, having an attorney communicate on your behalf is more constructive than rehashing disagreements that have been going on for years.

If You’re Looking at a Divorce, Contact a Big Island Family Law Attorney Today

Working out the terms of a divorce can be difficult, but the dedicated legal team at Olson & Sons, Attorneys at Law, in Kona and Kamuela is here to help. Our experienced family law attorneys have the knowledge, commitment, and compassion to help guide you toward a divorce settlement that works for both you and your children. To set up an appointment today, please give us a call us at 808-331-3113 (Kona) or 808-885-8533 (Kamuela).