Areas of Concentration
Family Law In Hawaii: Small Firm, Big Results
The family attorneys of The Law Office of Sara R. Harvey are experienced in family and divorce laws in Hawaii. The Family Law Section is the largest section of the State Bar in Hawaii. You need a skilled lawyer with professional and personal family law experience who will listen to your unique legal situation and provide quality counsel on your behalf.
The Law Office of Sara Harvey in Honolulu is a small firm that produces big results. Exclusively practicing family law, our firm is an authority on domestic legal matters. We represent men and women when it comes to child custody issues and Hawaii divorce law:
- Divorce, contested & uncontested
- Child Custody
- Child support
- Property division
- Spousal support/alimony
- Relocation
- Post-divorce issues
- Interstate child custody (UCCJEA)
- Parental kidnappings/Custodial interference
- Paternity
- Temporary Restraining Orders (TRO)
- Domestic violence
The Office of Sara R. Harvey concentrates our practice in family law in Hawaii, but does not prepare Prenuptial Agreements or Qualified Domestic Relations Orders.
Divorces, Contested and Uncontested
The divorce process in Hawaii consists of an action for divorce, which is commenced by filing a Complaint for Divorce. Hawaii is a no fault state. Divorce can resolve issues such as child custody, property division, spousal support, child support, and other undisputed issues.
In a contested divorce the parties do not agree on at least one issue. In an uncontested divorce the parties agree on all the issues and submit uncontested divorce documents to the court, often without needing to appear before the judge.
Contact The Law Office of Sara R. Harvey to handle your uncontested or contested divorce, and for more information on Hawaii divorce laws and legal separation in Hawaii.
Child Custody
Child custody is often a major issue in a divorce. A custody battle is also the most emotional issue that parents face. There are two types of custody. Physical custody is how timesharing with the children is split while legal custody addresses and who makes the legal decisions for the children. Whether you are seeking partial, temporary, or sole custody in Hawaii, Attorney Sara R. Harvey is here to help you.
Child Support
Child support is what one party pays to another for the support and maintenance of the children. In Hawaii, child support is determined by using a court ordered formula based on the parties' gross salaries and according to the children custody laws in Hawaii.
Property Division
Hawaii is what is called an "equitable distribution" state. While there are no formulas for property division, there are specific factors involved and different categories of property. There is, however, a formula for division of retirement. These factors are set forth in the statutes and case law.
Spousal Support or Alimony
Spousal support or alimony is financial relief paid by one party to the other during or after the divorce process in Hawaii. There is no set formula to determine spousal support or alimony but there are specific statutory factors upon which a court bases its spousal support or alimony orders.
Relocation
When custody is an issue, often the custodial parent wishes to relocate from Hawaii either at the beginning of the divorce proceedings or after the divorce. The court looks at numerous factors in determining if relocation is in the children's best interest. The Law Office of Sara Harvey has considerable experience in representing the relocating parent or the non-custodial parent.
Post Divorce Issues
Unfortunately, issues often arise post-divorce such as relocation, changes in custody, child support, and/or alimony. Often there are enforcement issues. You need a compassionate and experienced attorney to handle the post-divorce process in Hawaii.
Interstate Child Custody (UCCJEA)
All 50 states have versions either of the UCCJA or the newer UCCJEA which Hawaii adopted in 2002. The UCCJEA addresses jurisdiction over child custody cases when more than one state is involved. These cases require both an immediate and aggressive legal response and the ability to work with counsel in the other states according to child custody laws in Hawaii and the other state. The attorneys of The Law Office of Sara R. Harvey are experienced in family law in Hawaii and UCCJEA cases, which makes them an excellent choice to handle these kinds of cases.
Parental Kidnappings & Custodial Interference
The Parental Kidnapping Prevention Act is the federal statute that acts in conjunction with the UCCJEA. In the Hawaii Statut, the crime of parental kidnapping must meet certain elements to qualify as a crime. The Honolulu Police Department and the Department of the Prosecuting Attorney would become involved.
Paternity
Parents may establish paternity of a child by voluntarily signing documents at the hospital at the time of the birth or thereafter. Otherwise they can establish paternity by filing a Petition with the Family Court. A paternity case may involve issues such as custody/visitation, child support, and the name of the child. The Law Office of Sara R. Harvey has considerable experience in handling these kinds of cases of family law in Hawaii.
Temporary Restraining Orders (TRO)
Temporary Restraining Orders can and should be obtained by a party if the party has been physically or psychologically abused or there have been threats of abuse. The party also can obtain a TRO on behalf of the children if they have been abused. TROs can be obtained through Family Court with the help of a family law firm in Hawaii. There is a hearing several weeks later and if you want an experienced attorney to represent you contact The Law Office of Sara R. Harvey.
Domestic Violence
As is evident in the headlines over the past few years domestic violence is on the rise in Hawaii and elsewhere. The Domestic Violence and Sexual Assault Date Resource Center provides resources for family violence victims and the Hawaii State Coalition Against Domestic Violence protects women and children from abusive relationships. The Law Office of Sara R. Harvey can assist with you with cases involving domestic violence whether you are involved in a divorce process in Hawaii or not.
