Jackie Kong, Esq.

Jackie Kong, Esq.

Hawaii Divorce and Family Law Attorney

All About Property Division under Hawaii Divorce Law and Tips to Win Your Case

May 19, 2024

Divorce is a taxing process that requires all of your energy, especially if it is a contested one. Divorces become even more complicated when child care and property are involved. The phase is both physically and emotionally straining. But that does not mean you settle for anything that is given to you.

Property rights in the case of a separation between spouses are clearly stated in the Hawaiian family law. No one can stop you from getting what’s due. The process may be straining, but the right strategies can help you win the case in your favor.

If you are going through a divorce that involves property division, you are not alone. In this article, we shall explain Hawaii’s divorce property divisionlaws and the decisive factors. We also have the best tips for you to conquer your battles.

How Property Division is Done Between Spouses in Hawaii and the Factors Involved

Hawaii divorce law property division

Hawaii divorce law property division between married people is relatively straightforward. According to its equitable division laws, all property bought within the span of marriage belongs to both husband and wife. No matter who officially acquires it, the other person becomes a holder of the same by default. However, it exempts any ancestral property or gifts on both sides. Besides the assets, any ongoing debts will also be divided among partners. However, this depends on the employability and earning capacity of both parties.

If both parties agree on the division, the court rarely interferes. But if there’s a dispute regarding the same, then the court decides who gets what assets and how debts will be managed among the former partners. The process depends on a lot of factors like:

Divorce proceedings in Hawaii will scrutinize all the factors given above to conclude a case of a contested divorce.

Tips to Ensure You Get a Fair Property Division After Divorce

While there is no perfect recipe to win a case, there are certain tips and strategies that will help you build an intelligent case in your favor.

Know Your Rights

Not everybody who is fighting a divorce case knows their rights. If you want to win a case, it is crucial to be invested in it. Know your rights and the terms properly. You can either read small books or ask your lawyer.

If you are looking for support after divorce, it is important to understand the factors that affect the amount. Moreover, know the difference between alimony and spousal support before negotiating with your spouse.

Get an Experienced Attorney

Divorces based on mutual settlements hardly require attorneys. However, if the divorce is contested and involves property division and children, a good, experienced lawyer is non-negotiable. It is impossible to navigate such a rough phase without professional help.

Choose a lawyer with experience in the field and high success rates. Make sure you do thorough research on their background and reviews before hiring one. The best lawyers have groups of the most efficient people in the legal world, making it easy for them to fight your case with utmost sincerity.

Refrain from Making Derogatory Comments or Remarks

While the divorce proceedings are ongoing, there’s no need to foul-mouth your partner in public. A lot of people resort to social media to display their grievances. It often backfires.

Listen to Your Lawyer

Always listen to what your attorney advises. They can often guess the next step the opponent’s lawyer is going to take and thus may have a strategy in mind. Your cooperation is paramount to making it work. Thus, always discuss important matters and listen to what they have to say.

Be Transparent

Being transparent in front of the court is very important. Remember, the other party will constantly try to investigate matters that might present you in a bad light. Thus, it is best to be transparent about your financial conditions and needs in front of the court.

Similar Link: Navigating Alimony in Hawaii: Types and Factors that Affect Your Case

Final Words

Property division often ends up messy and ugly, but it does not have to go against you. Now that you know the factors and basics of property division between spouses, you have a better understanding of your situation. All that is left to do is hire an experienced attorney who will help you win your case.

 

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Jackie Kong, Esq.

Jackie Kong, Esq., a Hawaii Divorce and Family Law Attorney

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