Dealing with post-divorce relocation
Hamilton and Chan LLC Blog
by alecsa.geronimo@thomsonreuters.com
5h ago
Child custody is one of the arrangements separating couples must agree on during the divorce process. Often, child custody disputes drift families apart as disagreements continue about who the child should stay with. The conflict further intensifies when one of the parents hopes to relocate the child after the divorce. Relocation is a challenging process that requires thorough consideration. Here are three factors you need to consider when finalizing your child’s relocation. Family and community ties Divorce entails significant changes in the family’s life, especially when your child is young ..read more
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Can divorcing couples avoid taxes and penalties for 401(k)s?
Hamilton and Chan LLC Blog
by gturnercontentcustoms
2d ago
The longer a marriage lasts, the more property people acquire together. They often use some of their income to prepare for the future. Many couples in Hawaii make contributions to 401(k)s or similar tax-sheltered retirement accounts for decades. Funding an account gives someone resources to rely on during retirement and reduces their taxable income at the time of the contribution. People can easily accrue hundreds of thousands of dollars or more in retirement savings accounts during their marriages. They may then have to address those assets when they decide to divorce. Even if the retirement ..read more
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Why is time crucial when keeping the home after the divorce?
Hamilton and Chan LLC Blog
by christelle.arcangel@thomsonreuters.com
2w ago
Keeping the family home after the divorce can be a significant undertaking, depending on the family’s circumstances during the marriage. A party can prefer this setup for sentimental and financial reasons. However, the process associated with this task can be challenging and complex, requiring extensive effort from both parties. When aiming to refinance and keep the home after the divorce, time can also be a crucial factor. If a party waits until after finalizing the divorce, it might be too late. When to initiate discussions about refinancing the home Aside from disputes between divorcing cou ..read more
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How Hawaii’s “no-fault” divorce system affects divorcing couples
Hamilton and Chan LLC Blog
by rizzyleigh.mallari@thomsonreuters.com
3w ago
Going through a divorce is rarely easy. While it may seem overly optimistic to suggest that certain legal aspects could simplify the process, Hawaii’s no-fault divorce system does offer some relief. Understanding what this means and how it impacts the divorce process can be beneficial for any divorcing couple going through this transition. No need for the blame game Hawaii’s “no-fault” system allows spouses to divorce without proving fault. Unlike fault states, where it’s necessary for spouses to demonstrate instances of marital misconduct like infidelity, cruelty or habitual substance abuse ..read more
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What are the different types of alimony in Hawaii?
Hamilton and Chan LLC Blog
by tatjanaanne.perez@thomsonreuters.com
1M ago
In Hawaii, as in many other states, courts can require one spouse to pay financial support to the other during a divorce to minimize the adverse impact of the separation on the lower-earning spouse. This is called alimony or spousal support and it comes in different forms. In terms of duration Courts can award spousal support for a specific period or until the situation meets a particular condition. These types of alimony are as follows: Temporary: Courts award this type of alimony during the divorce proceedings, which aims to support the lower-earning spouse until they issue the final divorce ..read more
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How do courts divide debts in a Hawaii divorce?
Hamilton and Chan LLC Blog
by tatjanaanne.perez@thomsonreuters.com
1M ago
In marriages, spouses usually share the responsibility of debts as part of their commitment towards each other and the union, regardless of the debt or who acquired it. However, the same may no longer be applicable in a divorce. Understanding how courts divide during a divorce can help parties protect their interests and avoid assuming debts that are not theirs. Applying equitable distribution on marital debts In Hawaii, courts divide debts between divorcing spouses the same way they divide assets—fairly and equitably. However, this rule only applies to marital debts or those debts the spouses ..read more
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Do you have to live separately and apart prior to filing for divorce?
Hamilton and Chan LLC Blog
by tatjanaanne.perez@thomsonreuters.com
2M ago
Navigating divorce laws raises key questions, such as whether living separately is mandatory before filing for one. Understanding this requirement is crucial for those considering legal separation and the dissolution of marriage in any state. If you are a Hawaiian resident looking into divorce, here is what you should know about the requirement of living separately. Proving the marriage is unrepairable In Hawaii, spouses can file for divorce upon proving that their marriage is  Before filing the petition, they must have lived separately and apart for a continuous period of at least two ye ..read more
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How mixing properties affects a divorce property division
Hamilton and Chan LLC Blog
by tatjanaanne.perez@thomsonreuters.com
3M ago
In Hawaii, divorce courts divide marital properties between spouses fairly and equitably. Generally, this means assets spouses own before the marriage or acquire as a gift or inheritance are the original owner’s since they are non-marital properties. This also applies to debts and similar obligations. However, there are instances wherein courts include non-marital assets in the property division. Commingling assets During marriages, it is common for spouses to mix their separate properties together, whether it is using one spouse’s personal funds to renovate the marital home or the other spous ..read more
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Does virtual visitation make it easier to relocate a child?
Hamilton and Chan LLC Blog
by annamae.catalan@thomsonreuters.com
3M ago
In the modern digital age, social media and online platforms have become an integral part of our daily lives. These virtual spaces have not only revolutionized the way we communicate and interact with each other. These have also transformed how we approach legal proceedings, including child relocation cases. In Hawaii, family law judges consider the role of social media and online meeting platforms when deciding on child relocation. The legal framework for child relocation in Hawaii Under Hawaii law, judges can modify custody orders when changes warrant it. When a parent desires to relocate wi ..read more
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How a child’s wishes impact custody cases in Hawaii
Hamilton and Chan LLC Blog
by steve.metcalf@thomsonreuters.com
4M ago
In Hawaii, the court carefully considers the child’s wishes when it comes to custody cases. The child’s preference serves as one of several guiding factors in the decision-making process. Children can weigh in on custody agreements since the law does not discount their opinions. However, the court also takes into account whether the child is of sufficient age and has the capacity to reason, thereby able to form an intelligent preference. This nuanced approach ensures that the child’s voice is heard while also maintaining a focus on other factors. Other considerations for deciding custody arran ..read more
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