In 2017, divorce’s moral acceptability rating hit an all-time high. People who have never considered marriage dissolution before, including long-time married couples who are religiously active, now see divorce as a legitimate way to end a poor relationship.
Procedurally, most of these cases settle out of court. Couples agree on issues like property distribution and parenting time division. But this agreement usually does not come quickly or easily. In our experience, if people know what to excpect in a divorce, that insight takes some of the fear out of the marriage dissolution process. Having the right Kamuela divorce lawyer helps immensely as well. Only attorneys with the right tools and temperments should handle modern divorce cases.
In the no-fault divorce era, fault is rarely an issue in a marriage dissolution matter. Instead, the focus is on the children and on property division.
Inertia is one of the key rules of physics. Isaac Newton observered that bodies at rest tend to stay at rest, while bodies in motion tend to stay in motion. Inertial is an important legal principle as well. Once a case starts heading a certain way, it is difficult, but not impossible, to change directions.
In divorce cases, intertial develops quickly. Most Hawaii County family law judges hold temporary hearings about two weeks after a petitioner files divorce paperwork. At this hearing, the judge makes important determinations concerning:
- Temporary Alimony: Many Hawaii County judges hesitate to grant alimony. But if a Kamuela divorce lawyer presents a compelling economic need, the judge will probably go along with the idea. Unless financial circumstances change significantly in the next few months, these alimony orders often become permanent.
- Parenting Time Division: When it comes to the children, most judges like to see as much stability as possible. Therefore, whatever parenting time division is in the temporasry orders, even if the division is not perfect, is likely to be in the permanent orders as well.
Most judges also issue property and personal injunctions. Property injunctions prevent either spouse from disposing of property while the divorce is pending. Personal injunctions apply ot things like disparaging the other parent in front of the children.
Discovery and Kamuela Divorce Lawyers
If new evidence becomes available, it normally surfaces during the discovery process. Just like most temporary orders contain personal and property orders, divorce discovery usually covers these same areas.
Generally, in contested parenting time division cases, the judge orders a social service investigation. A social worker evaluates each home and each parent. The social worker also intwerviews the children, their teachers, their caregivers, and other relevant parties. Then, the social worker submits a report to the court.
This report’s conclusions are not technically binding. But they have considerable weight. In fact, a different social services recommendation is the best way to alter the inertia of a parenting plan determination.
Divorce discobvery usually includes financial discobvery as well. IN some cases, this discovery might not be much more complex than an exchange of W-2s. In other situations, financial discovery may be quite intricate. That’s especially true after a long marriage.
Over time, property becomes commingled. For example, Wife might use funds from her paycheck (marital asset) to pay her student loans (nonmarital debt).
Once discovery is at least substantially complete, Kamuela divorce lawyers may begin settlement negotiations in earnest. Frequently, the parties can talk things out between themselves. Other times, however, mediation is a good idea.
Assuming both parties negotiate in good faith, medication is generally successful. In this context, “good faith” usually means that both sides are willing to make sacrifices to get a deal done. But successful resolution is not mediation’s only benefit.
Mediation usually involves significant cost savings. According to the Department of Justice, mediation and other forms of alternative dispute resolution save civil litigants over $1 million per year in legal fees. That’s money they could put elsewhere.
Additionally, mediation frequently increases voluntary compliance. The litigants feel like they have more control over the outcome. As a result, that could mean fewer subsequent motions to enforce.
Contact a Passionate Divorce Attorney in Kamuela
All marriage dissolutions usually involve financial and emotional issues. For a confidential consultation with an experienced Kamuela divorce lawyer, contact Olson & Sons, L.C. We have offices in Kona and Kamuela.