Divorce: A New Beginning

Divorce can be a significant turning point in life—one that, while often challenging, holds the promise of a new beginning. At Wayfinder’s, we understand that the journey through divorce can evoke a range of emotions, from sadness and uncertainty to hope and renewal. Our goal is to guide you through this transformative process, helping you recognize the opportunity that lies ahead where you can live more authentically in alignment with who you truly are.

Acknowledging the Loss

While it is essential to acknowledge the heartbreak that can accompany the end of a marriage—the dreams, the shared moments, and the life that you built together—it's equally critical to focus on the possibilities that await. By letting go of the past, you open the door to a future filled with new adventures, personal growth, and the chance to rediscover your passions. Divorce, though often viewed as an ending, can be the catalyst for a revitalized sense of self.

Understanding Your Rights and Obligations

As you navigate this new chapter, it's important to understand the various legal matters that will arise during the divorce process. We are here to help you make sense of it all and ensure your rights are protected every step of the way:

What You Are Entitled To: Understanding what you are entitled to in a divorce can be overwhelming. Your rights depend on a variety of factors, including state laws, the length of your marriage, and individual circumstances. Our knowledgeable team will help you comprehend your entitlements and pursue a fair settlement.
State Laws: Divorce laws vary significantly from state to state. The laws governing marital property, alimony, and custody can affect the outcome of your case. We will ensure that you are informed about your home state’s regulations and how they impact your unique situation.
Division of Retirement and Assets: One of the most complex aspects of divorce is the division of marital assets, including real estate, bank accounts, and retirement accounts. Understanding how assets are categorized, valued, and divided can make a significant difference in your financial future. We will guide you through this process to ensure an equitable distribution.
Title and Ownership Rights: How property is titled, how and when it was acquired may affect your rights during a divorce. Whether you co-own a home, car, or other significant assets, our legal team will explain how ownership impacts your case and help you navigate the intricacies of asset division.
Custody and Parenting Plans: If children are involved, custody arrangements and parenting plans will be a major focus of your divorce. We will provide compassionate guidance on how to develop a plan that prioritizes your children's best interests while also respecting your needs as a parent.

Moving Forward with Confidence

Divorce is not just an end—it’s an opportunity to redefine your life. While the path may feel daunting, we believe that with the right support, you can emerge stronger, wiser, and more in tune with who you want to be.

At Wayfinders Law & Mediation LLLC, we are committed to helping you navigate this journey with optimism and clarity. Let us partner with you to transform this challenging time into a positive new chapter. Together, we can work toward a future that reflects your true self, aligns with your values, and embraces the life you deserve.

What is a Collaborative Divorce ?

A collaborative divorce is where the parties and their attorneys negotiate an out of court settlement, without litigation. This does not mean that parties will not have conflict and disagreements. What it does mean is that disagreements will be negotiated without escalation. Sometimes parties reach an impasse and mediation can be an effective tool in finding a way forward. Through constructive dialogue and negotiation with a neutral third party, mediation is a great way to achieve great results, that you often can’t get through the court, plus, you get to move on quicker, cheaper and with less hard feelings.

Prenuptial & Postnuptial Agreements

Prenuptial and postnuptial agreements are great tools for couples who want to protect their assets and set clear expectations, before or after getting married. A prenuptial agreement is done before you tie the knot and outlines how property, debts, and finances will be handled if the marriage doesn’t work out. A postnuptial agreement works the same way but is signed after you're already married. Both agreements can help take the guesswork out of what might happen in the future, giving you and your partner peace of mind.

Whether you're bringing significant assets into the marriage or just want to have a plan in place, these agreements are all about ensuring transparency and protecting both parties. It's not about planning for the worst—it's about setting a foundation for a smooth future together. And if you're not sure which option is best for you, I'm here to help guide you through it.

FAQs

Can I keep the family home?

In most marriages, the family home is one of the biggest assets that needs to be considered when dividing property. If you and your spouse can come to a fair agreement, and you’re financially able to stay in the home, that could definitely be an option. There are also potential tax breaks or deferments that might help make staying in your home more affordable. However, because the family home is often the largest asset, sometimes selling and dividing the proceeds makes sense to help parties move forward fairly. We’ll help you figure out the best path forward for your unique situation

I always trusted my spouse with our finances. How do I know all of our assets will be divided fairly?

It’s common in many marriages that spouses assume different roles and responsibilities. If you’ve taken a backseat on finances, it’s important in divorce that each spouse gain full transparency on income and assets. The court requires such disclosures and there are legal tools like discovery to access information, which helps ensure you get everything you are entitled to.

What is a QDRO?

A Qualified Domestic Relations Order (QDRO) is a court order used in divorce or legal separation to divide retirement assets like 401(k)s or pensions. It’s an important part of property division, ensuring that retirement funds are fairly split according to the plan's rules. Since every retirement plan has its own requirements, having an expert is crucial to ensure your QDRO is properly prepared and accepted without delays.

The process can take anywhere from a few weeks to several months, depending on the complexity of the plan and how quickly everything is approved by the court and the plan administrator. With an experienced attorney, you can avoid complications and make sure everything moves as smoothly as possible.

How do I get a Divorce in Hawaii?

In Hawaii, all divorce filings take place in the Family Court. You can initiate a divorce even if your spouse does not agree to it. If one spouse believes that the marriage is irretrievably broken and cannot be repaired, that spouse has the right to file for divorce.

Additionally, you are eligible to divorce in Hawaii regardless of whether your marriage took place in another state or country. Generally, before filing for divorce, at least one spouse must have been domiciled or physically present in Hawaii for a continuous period of at least six months prior to filing the Complaint for Divorce. Moreover, the spouse filing for divorce must have been domiciled or present in the circuit where the divorce is filed for at least three months before submitting the Complaint. For more details, please refer to Section 580-1 of the Hawaii Revised Statutes or reach out for a consult. We are here to help.

Will I have to pay spousal support as the higher earner?

Spousal support may be awarded when the court identifies a financial need by one spouse following a divorce. If you are nearing retirement, you could be ordered to pay support to your spouse until you actually retire, at which point the order could be reviewed, modified or terminated if your financial situation has changed substantially. Spousal support can be incremental or paid in a lump sum. The asset division process may be used to address your spouse’s financial needs so that you can move forward with more certainty.

How much does getting divorced cost?

Many people worry that getting divorced will cost them far more than they are able to afford. The financial cost of divorces varies significantly based on the level of conflict and whether the parties settle their differences quickly in mediation or battle it out in court. We’ve been involved in cases that could have been resolved in mediation for less than $10,000, which ended up costing the parties over $100,000 because they refused to compromise. Hiring an attorney or mediator, who has your financial best interest at heart, can be one of the most important cost-saving decisions you can make.

How is Child Support Calculated?

In Hawaii, child support is calculated using a specific formula that considers several factors, such as financial status of the parties, number of overnights spent with each party, the number of children being supported, and how other costs are being allocated, such as childcare and education. There can be special circumstances where this amount might be adjusted. Navigating these calculations can get tricky, so as your attorney, we will guide you through the process, so you know you’re getting a fair outcome for your family.

What is an Uncontested Divorce?

If both parties to the marriage agree on all terms of the divorce, this is referred to as an “uncontested divorce.” In this type of divorce, you typically do not need to appear in court if the judge approves your submitted forms. Once the Uncontested Divorce by Affidavit packet is submitted for the judge's review, it usually takes about one to six weeks for the divorce to be finalized. The divorce becomes effective after the Divorce Decree is approved and signed by the judge and then filed and stamped by the court. During the divorce proceedings, several important matters must be settled, including:

Who will have custody of the children and what visitation rights will be granted?
How will the marital property be divided?
How will the marital debts be addressed?
Who will be responsible for paying child support, and what will be the amount?

Until the final Divorce Decree is entered, the judge can issue temporary orders regarding:

Where the children will live and with whom.
Who will cover the children’s expenses.
Spousal or family support obligations.
Responsibility for paying marital debts.

I have never had a career. How can I support myself now?

If you’ve never had a career, it’s natural to feel worried about what comes next after divorce. But starting over is absolutely possible, no matter your age or background. We’ll focus on making sure you have the financial resources you need, whether through spousal support or a fair settlement, while helping you explore career training or job-related services in the community, if that is needed. Together, we’ll create a plan that helps you move forward with confidence

How do I know which assets must be split?

The State of Hawaii has general guidelines for how property division should be handled by assigning categories and rules for disposition to each type of property. Hawaii Law requires that property be distributed in an equitable fashion, but that does not necessarily mean spouses are entitled to equal shares. The timing and manner of acquisition of property plays a pivotal role in determining its category. Additional legal analysis is required to determine how and whether assets should be split. We will crunch the numbers and create a property division plan that looks out for you and your future.

How does title affect ownership of marital property?

In Hawaii, there are guidelines for how marital property is categorized, and the way title is held is not necessarily determinative of whether the asset will be considered separate or marital property. We will do a legal analysis on each asset to determine your claim to each asset, regardless of how title is held.

How much does it cost to file for Divorce?

The cost of filing for divorce in the State of Hawaii is $215.00 for parties without minor children. When parties with minor children file, there is a parent education surcharge of $50, so the total amount is $265.00.

When we represent you, we handle all the filings professionally, making sure that forms are filled out correctly, filed through our online portal. We also ensure parties are served according to the rules, and that any proof of service is filed. There are many timelines and procedures that must be adhered to, which is something we handle, so you don’t have to.

How do I know if the Prenuptial Agreement we signed is enforceable?

Not all prenuptial agreements will be enforced when parties decide to go their own ways. There are criteria that should be followed to ensure that a prenuptial agreement is valid and enforceable.

We will review your prenuptial agreement and analyze whether it is likely to be enforceable by the Family Court of Hawaii.

Resources

Books

Navigating Divorce with Solid Advice from the Pros.
Podcasts

Coaching and advice for landing on your feet after transition and beyond.
Support Groups

Support for big life transitions like divorce, sharing custody and restarting life anew.
Raising Kids

During transitions, kids need even more from you, their steady guide Here are some things that might help.