Areas of Concentration
Family Law In Hawaii: Small Firm, Big Results
The Law Office of Sara R. Harvey is a comprehensive family law firm in Honolulu serving all of Hawaii in divorce, child custody, and other family law matters. Below is a brief summary of our major areas of practice, with links to fuller discussions of certain topics. For more information, or if you need advice and representation in a particular family law matter, please contact the Law Office of Sara R. Harvey for assistance.
Divorce
Our office can help you with an uncontested divorce with or without children, as well as offer strong and effective advocacy in a contested divorce. Our approach in uncontested divorces is to get it right the first time so that you will not have to go to court and can move forward with your life as soon as possible. In contested divorces, we strongly encourage a mediated or collaborative approach but fight hard in the courtroom when litigation is called. See our page on Divorce for more information.
Child Custody
See our page on Child Custody for a full discussion of Hawaii child custody law, including the factors involved in determining joint or sole custody, and the different types of visitation which may be awarded.
Child Support
Child support is normally awarded to the non-custodial parent, and the amount is based on a formula calculated according to statutory guidelines. Still, the court may deviate from the guideline amount in exceptional circumstances, and it is important to have a knowledgeable attorney assisting in the proper calculation of the spouses' income. See our page on Child Support for more information.
Property Division
Hawaii is an equitable distribution state, meaning that marital property is not subject to an even 50/50 split but is based on whatever the court deems is fair. The proper identification and valuation of marital versus separate property is paramount, and the issues can get quite complex. See our page on Property Division for more information.
Spousal Support/Alimony
Spousal support is not automatically granted in every case. The court looks at many factors to decide whether to grant alimony, and if so, for what amount and whether it should be temporary or awarded indefinitely. Some of the main factors considered by the court include the financial needs and earning ability of each spouse, how long the marriage lasted, the age and health of the spouses, and the financial impact of the custody and child support awards on the parties. It is important to have an experienced attorney who knows how to argue for the proper determination of spousal support in your case.
Pre & Post-Divorce Issues
Our family law practice encompasses the entire divorce process, from pre-divorce planning and advice to post-divorce issues such as relocations, modifications, and enforcement. See our page on Pre & Post-Divorce Issues for more information.
Interstate Child Custody
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), adopted in Hawaii and other states, helps to facilitate the resolution of custody disputes when the parents are in different states by defining the child's "home state" and which courts should have jurisdiction over the matter. Our office is experienced in interstate child custody cases and their resolution under Hawaii law and the UCCJEA.
Parental Kidnappings & Custodial Interference
Parental kidnapping or child abduction is not only a violation of the family court's domestic relations orders; it is also a crime. Custodial interference in the second degree can be charged as a misdemeanor or felony, and custodial interference in the first degree is always a felony. Even more importantly, child stealing is almost always detrimental to the child. The Federal Parental Kidnapping Prevention Act works together with the UCCJEA to make sure the authorities can locate and bring back the child no matter where he or she has been taken.
Paternity
The issue of paternity is often raised in a divorce if it has not previously been established or is in question. A child's legal father has a legal right to custody and visitation, as well as a legal obligation to financially support the child. Parents who are unmarried may establish paternity by signing a voluntary declaration at the hospital at the time of birth or shortly thereafter, or by filing a petition with the family court. When the couple is married at the time of birth, the husband is presumed to be the father, although this presumption may be challenged in a paternity proceeding. These proceedings can be hard-fought and complicated, since the establishment of paternity in one person may terminate the parental rights in another. Our office is experienced in paternity cases in the context of a divorce and in stand-alone proceedings.
Domestic Violence
Domestic violence is most often thought of as physical abuse, but it also encompasses verbal abuse and forms of psychological intimidation, such as stalking or harassment, when committed by a current spouse or boyfriend/girlfriend or an ex, or a family or household member. The remedy to stop domestic violence is a temporary restraining order (TRO), which can be used to order the abuser out of your house and away from having any contact with you or your children or others in the household. After a court issues a TRO, it will schedule a hearing on whether an injunction should be issued, which can extend the restraining order for up to three years.
If you have been a victim of abuse or fear for the safety of yourself or your children, get to a safe place and call 9-1-1, or visit the Hawaii State Coalition Against Domestic Violence website to find a shelter or agency in your area. Contact our office for help in obtaining a TRO or long-term protective order.
Civil Unions/Domestic Partnerships
Our office welcomes same-sex partners wishing to enter into a civil union under Hawaii's new law, or establishing a reciprocal beneficiary relationship under the older law. We can help address pre-union planning issues, and also represent partners in dissolutions when necessary. See our page on Civil Unions/Domestic Partnerships for more information.
Alternative Dispute Resolution
The Law Office of Sara R. Harvey strongly encourages the use of mediation, collaboration and other ADR methods whenever possible to achieve a positive outcome that is mutually beneficial, voluntarily implemented and complied with, and is reached in an atmosphere of dignity and respect. Visit our Alternative Dispute Resolution page to learn more about the different types of ADR and their advantages in your divorce or child custody dispute.
