Family Law

The Oahu family law practice of Lynnae Lee & Associates represents parties in Hawaii divorce proceedings statewide, providing advice and counsel with issues of property division, support and child custody.  The caring and compassionate lawyers at Lynnae Lee & Associates also assist families with paternity, adoption, and guardianships issues, as well as cases of domestic violence.

Divorce

The legal process for dissolving a marriage begins with filing a petition in court.  At least one spouse must have resided in the state for six months before being eligible to file.  Grounds for divorce include the "no-fault" ground that the marriage is irretrievably broken.

Property Division

If the parties cannot agree on how to split up the property belonging to the marital estate, the court will divide and distribute the property, and also allocate responsibility for existing debts and attorney's fees and costs incurred in the divorce.  Allocation and distribution is done in an equitable fashion, considering factors such as the respective merits and relative abilities of the parties, the condition divorce will leave each party in, and the burdens imposed upon either party by the divorce for the benefit of the children.

Alimony

The court may order either party to provide for the support and maintenance of the other party.  The order may be for a specific period of time or indefinite.  The amount of support is determined by the court based on a number of factors, including the financial resources and needs of the parties, the duration of the marriage, the standard of living established during the marriage, and the relative occupations and vocational skills of the parties.

Child Custody

Custody will be awarded by the court to either one or both parents in the best interests of the child.  Even where sole custody is granted, the court may still award visitation rights to the other parent, or to siblings, grandparents and others interested in the child's welfare.

Child Support

The court may order either or both parents to provide for the support, maintenance, and education of the children.  The amount of support is established according to statutory guidelines, which include factors such as the earning potential and borrowing capacity of each parent, any special needs of the child, and whether there are other children or dependants involved.

Paternity and Adoption

Pursuant to Hawaii's Uniform Parentage Act, an action to establish paternity may be brought by a mother, child, putative father, or the state's Child Support Enforcement Agency.  An action to challenge paternity may also be brought within the same statutory time frames and other provisions.  The legal establishment of paternity enables a court to order the payment of child support.

Under Hawaii's adoption laws, any proper adult person may petition the court to adopt.  Adoption proceedings may also be initiated by the Department of Human Services on behalf of the adopting parents in accordance with a permanent plan.

Guardianship

When a person lacks decisional capacity (the ability to understand the nature of the problem, available alternatives and their risks and benefits), the court may declare the person incompetent and appoint a guardian. A guardian has the powers, rights, and duties that a parent has to a minor child, except for liability to third parties for the acts of the ward.  A guardianship proceeding may be initiated by an incapacitated person or by another person interested in the incapacitated person's welfare.  A guardianship may also be established over the property of a minor or incapacitated person.

Restraining Orders

Domestic abuse occurring between family or household members can be physical injury or assault or the threat of imminent bodily harm.  Extreme psychological abuse and malicious property damage can also be domestic abuse.  A temporary restraining order, known in Hawaii as a Family Court Order of Protection, can be issued to prevent such abuse.  A protective order is initially granted for up to 90 days and can be extended by court order, following a hearing.  If you are harmed, stalked or harassed by someone who is not a family or household member, you may seek a District Court Restraining Order by filing an action in district court.

We Offer Experienced, Compassionate Legal Representation

For experienced and compassionate legal representation in a family law matter, contact the attorneys at Lynnae Lee & Associates for a consultation.