Kealia Family Law Lawyer, Hawaii
Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements
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6525 Kuamoo Rd., Kapaa, HI 96746
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LEGAL TERMS
SEPARATE PROPERTY
In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state's... (more...)
In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state's property division laws, but is kept by the spouse who owns it. Separate property includes all property that a spouse obtained before marriage, through inheritance or as a gift. It also includes any property that is traceable to separate property -- for example, cash from the sale of a vintage car owned by one spouse before marriage-and any property that the spouses agree is separate property. Compare community property and equitable distribution.
MARRIAGE LICENSE
A document that authorizes a couple to get married, usually available from the county clerk's office in the state where the marriage will take place. Couples pa... (more...)
A document that authorizes a couple to get married, usually available from the county clerk's office in the state where the marriage will take place. Couples pay a small fee for a marriage license, and must often wait a few days before it is issued. In addition, a few states require a short waiting period--usually not more than a day--between the time the license is issued and the time the marriage may take place. And some states still require blood tests for couples before they will issue a marriage license, though most no longer do.
COMPLAINT
Papers filed with a court clerk by the plaintiff to initiate a lawsuit by setting out facts and legal claims (usually called causes of action). In some states a... (more...)
Papers filed with a court clerk by the plaintiff to initiate a lawsuit by setting out facts and legal claims (usually called causes of action). In some states and in some types of legal actions, such as divorce, complaints are called petitions and the person filing is called the petitioner. To complete the initial stage of a lawsuit, the plaintiff's complaint must be served on the defendant, who then has the opportunity to respond by filing an answer. In practice, few lawyers prepare complaints from scratch. Instead they use -- and sometimes modify -- pre-drafted complaints widely available in form books.
SEPARATION
A situation in which the partners in a married couple live apart. Spouses are said to be living apart if they no longer reside in the same dwelling, even though... (more...)
A situation in which the partners in a married couple live apart. Spouses are said to be living apart if they no longer reside in the same dwelling, even though they may continue their relationship. A legal separation results when the parties separate and a court rules on the division of property, such as alimony or child support -- but does not grant a divorce.
MARITAL TERMINATION AGREEMENT
See divorce agreement.
SOLE CUSTODY
An arrangement whereby only one parent has physical and legal custody of a child and the other parent has visitation rights.
CLOSE CORPORATION
A corporation owned and operated by a few individuals, often members of the same family, rather than by public shareholders. State laws permit close corporation... (more...)
A corporation owned and operated by a few individuals, often members of the same family, rather than by public shareholders. State laws permit close corporations to function more informally than regular corporations. For example, shareholders can make decisions without holding meetings of the board of directors, and can fill vacancies on the board without a vote of the shareholders.
IRREMEDIABLE OR IRRETRIEVABLE BREAKDOWN
The situation that occurs in a marriage when one spouse refuses to live with the other and will not work toward reconciliation. In a number of states, irremedia... (more...)
The situation that occurs in a marriage when one spouse refuses to live with the other and will not work toward reconciliation. In a number of states, irremediable breakdown is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into whether the marriage has actually broken down, and routinely grant a divorce as long as the party seeking the divorce says the marriage has fallen apart. Compare incompatibility; irreconcilable differences.
HOME STUDY
An investigation of prospective adoptive parents to make sure they are fit to raise a child, required by all states. Common areas of inquiry include financial s... (more...)
An investigation of prospective adoptive parents to make sure they are fit to raise a child, required by all states. Common areas of inquiry include financial stability, marital stability, lifestyles and other social factors, physical and mental health and criminal history.
SAMPLE LEGAL CASES
Kahoohanohano v. DHS, STATE
... The duties imposed on DSS by [the Maryland Family Law § 5-706 (relating to investigation of
child abuse report) ] and the implementing regulations . . . are far more specific and focused.
They require a prompt investigation of each reported incident of child abuse. ...
Schiller v. Schiller
... guided by reason and conscience to attain a just result. The partnership model is
the appropriate law for the family courts to apply when exercising their discretion
in the adjudication of property division in divorce proceedings. ...
Kamaka v. Goodsill Anderson Quinn & Stifel
... tortious interference with business relations; (3) injurious falsehood; (4) invasion of privacy; (5)
breach of implied contract based on Goodsill's employee handbook; (6) breach of implied contract
based on Goodsill's employee manual; (7) violation of family leave law; (8) violation ...
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