Family matters

DIVORCE - a divorce legal ends a marriage and settles all matters pertaining to child custody, visitation, support and division of assets and debts between a husband and wife.  LEGAL-EZ is a 'full service' legal document preparation company making the divorce process EZ for you!  Our friendly and professional staff prepares all documents necessary for your divorce, files the documents with the Circuit Court, and will continue to work with you until your divorce is finalized, without the high cost of attorney's fees! 

 

LEGAL SEPARATION  - In  Hawaii, a legal separation lasts for a maximum of two years - it can be changed over to a divorce retaining the filing fee and submitting all documents as in a divorce.


MOTION FOR PRE OR POST DECREE RELIEF  -Frequently, when parties file a divorce, there is a need to  immediately determine financial rights and liabilities, as well as child  custody and support. This is done through a Motion for Pre-Decree  Relief, which will determine the rights of the parties temporarily,  pending the final divorce decree.
     Sometimes, following a  divorce, the parties may seek a change in the custodial award set forth  in the divorce decree, or they may otherwise seek to enforce the divorce  decree in terms of financial awards, custody, visitation, or child  support. This is done through a Motion for Post-Decree Relief, which  will determine the rights of the parties in a post-divorce setting.

MODIFICATION OF CHILD SUPPORT OR VISITATION  - Once a child support order or agreement is in place, the payment  amount may be increased or decreased under certain circumstances. If a  parent's earning ability or a child's financial needs have changed -  that could conceivably be enough to trigger a modification. The  modification can also be used to change court-ordered visitation between  the parents.

PRE OR POST-NUPTUAL AGREEMENTS   - A Pre-Nuptual Agreement is a legal contract (agreement) you enter into between you and your spouse-to-be before the  marriage. The purpose of the agreement is to ensure that you and your  spouse-to-be enter into the marriage with a clear understanding on the  division of finances in the event of a divorce or separation.  The terms of the agreement can vary, depending on your mutual wishes. It can cover how to  split property purchased during the marriage. It can also cover how to  split items you both owned prior to the marriage. Pre-Nuptual Agreements can also  decide who will pay specific bills over the course of the marriage, or payment of alimony or any number of mutual agreements.

      A Post-Nuptual agreement is a legal contract you enter into after  marriage. Its purpose would be the same as for a Pre-Nuptual, but is signed AFTER the marriage.  l

POWER OF ATTORNEY - A power  of attorney is a legal document that gives someone you choose  the power to act in your place. In case you ever become mentally  incapacitated, you'll need what are known as "durable" powers  of attorney for medical care and finances.

GUARDIANSHIP -  a guardianship is a legal relationship that gives one or more  individuals or agencies the responsibility of the personal affairs of  the protected person. A protected person is someone who has been  determined by the court to be either incompetent or incapacitated.

NAME CHANGE  - The Courts are often willing to accept name changes for almost any  legitimate reason. However, the granting of an application for change of  name is discretionary with the Court. For an order/decree/judgment of  name change to be granted, the Court must find compliance with the  requirements of notice and the requirements for the allegations in the  application. The Court must also find good and sufficient reason for the  change, find the change consistent with the public interest and if the  change of name is for a minor child, find that the change is in the best  interests of the minor child.

     You cannot change your/one's  name for a fraudulent purpose, such as to avoid debts, you cannot change  to a name that could affect the rights of another person, such as a  celebrity, you cannot use a curse word, racial slur, obscene and/or an  offensive word as part of your/one's name and you cannot change to a  name that would cause deliberate confusion (for example, a name with  punctuation and/or a number in it).

PATERNITY - Paternity  is a legal determination that a male individual is the father of a  child if the child’s parents were not married at the time of the child’s  birth. Until paternity is established the child’s father does not have  legal rights over that child. Besides establishing a father’s legal  rights, paternity is often needed to establish custody and visitation as  well as child support for that child.

STIPULATION TO AMEND DIVORCE DECREE - Life  is full of changes, and it's possible to change a divorce order to help  you cope with those changes. Filing a 'Stipulation to amend divorce  decree' is the legal process of amending a divorce order issued by a  court. A final divorce decree will specify rights and obligations  regarding child custody and visitation, as well as spousal support,  division of property, and other matters. A petition to amend a divorce  decree can be filed for modifying any of the rights and obligations  specified in the divorce decree within the first year of the divorce.  There are no time limits in regards to matters of the children.

MOTION TO SET FOR TRIAL  - If the spouse refuses to cooperate and fails to file an answer after  service of process, Plaintiff will appear at a court hearing on a motion  for default judgment and can then submit the decree for approval. If  the spouse files an answer, the plaintiff will file a motion for  pretrial conference/motion to set for trial together with a position  statement. It takes about three weeks to a month to get a motions  hearing set.

EX PARTE MOTIONS - Ex  parte motions, or "emergency" motions, are exceedingly common in  divorce and custody cases, much to the chagrin of Circuit Court judges.  Literally meaning "without the [other] party," ex parte motions look  like an attractive option for litigants who feel a sense of urgency  about their claims. They have been widely adopted by many pro  se (self-represented) litigants, because of their ease to file and the  perceived instant relief they may afford.

AFFIDAVIT OF DEATH, MARRIAGE, ETC. -  a document that verifies the proof of the matter requested.