Hawaii Arbitration Agreement for Divorce
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How to fill out Arbitration Agreement For Divorce?
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FAQ
Ability to pay alimony; separate finances after the divorce; obligation to care for any children; money or property that was hidden or not disclosed to the judge; and.
In other situationsparticularly those with higher stakes or more complex disagreementsarbitration is preferred over mediation. Arbitration is a more formal dispute resolution process than mediation. Therefore, this practice is used when a legal matter has escalated to a more serious issue.
Hawaii is not a community property state, which means that all property will not be automatically divided in a 50/50 split. Instead, the judge will take several factors into account to decide what the most fair and appropriate division of assets will be.
Hawaii is an equitable division state, which means that most assets and debts acquired during the marriage are subject to division between the spouses, regardless of which spouse acquired it or whose name is on it. Exceptions include gift inheritances received during the marriage.
Arbitration could work to resolve your divorce if you have an issue or two on which you did not agree. It would be a cheaper option than a divorce trial with less hostility. Before you opt for a divorce trial, work with your family law attorney to explore all possible ways to settle your case.
Arbitration in CAAP is non-binding, that is, parties may ask for a trial in court if they disagree with the arbitrator's award (decision). The award in a non-binding arbitration becomes the judgment in the case only if a Notice of Appeal and Request for Trial de Novo is not timely filed by a party.
Hawaii is a "no-fault" divorce state. This means that in order to obtain a divorce, it doesn't matter who's to blame for the failure of the marriageadultery doesn't play a role in determining whether or not a judge grants a divorce.
Unlike mediation, the arbitration process is binding, which means that the parties are legally obligated to accept and comply with the arbitration decision/award rendered by the arbitrators. Without question, mediation should almost always be the first step in working towards resolving a dispute.
Thus, in arbitration, the private judge is in control of the process and the outcome, whereas in mediation, the disputing parties maintain control. Most Arbitrators will be flexible and work around the schedules and needs of the parties.
For people who are comfortable discussing and negotiating legal matters without consulting an attorney, mediation is a great option. Although qualified divorce mediators know the relevant law and can draft a settlement recording what you and your spouse agree on, they cannot give you legal advice.