Divorce Process Options

July 29, 2021

When considering divorce, the follow options are available starting with the lowest cost and conflict level of a kitchen table divorce and moving up the scale to the highest cost and conflict level when the Court must make decisions for your family. Obviously, both parties have an interest in keeping the process low cost, low conflict, and retain some level of control over the final outcome.


Kitchen Table : Parties sit down together and resolve their issues directly. It’s important for both parties to get legal advice in advance so they can be informed in negotiating an agreement on their own. Unbundled legal services can be useful in getting advice and drafting the separation agreement. Parties must be able to communicate amicably and problem-solve on their own.


Mediation : A neutral, third party (Mediator) facilitates negotiations by trying to understand each person’s underlying interests. Parties can decide if they want lawyers present or simply use unbundled legal services before signing off on the separation agreement. Process is voluntary. Parties remain empowered to decide their own outcome and agreements.


Collaborative Practice : Both parties hire a collaborative lawyer to represent them. Collaborative lawyers agree NOT to litigate the divorce. May also involve a family therapist or financial specialist to assist, each family can layer on additional services as needed. If settlement talks fail, parties must hire new attorneys.


Lawyer Negotiation : Both parties hire lawyers to advocate and negotiate on their behalf. If transparency is an issue, lawyers can use court discovery processes to obtain documents and other information. Can escalate to litigation if positions become entrenched and there is no agreement reached.


Arbitration : A Private Judge (Arbitrator) is hired as are lawyers who represent each party. Can be quicker and more streamlined to get an arbitrated decision but tends to be very expensive. Parties can choose their judge.


Court : A Family Court Judge hears the evidence and makes decisions about each case. Parties do not get a final say in the outcome but can appeal the decision. Process is slow, stressful, expensive and often escalates the conflict.

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If you're considering divorce in Hawaii, you’re likely navigating one of the most emotional and complex transitions of your life. You may be imagining long court battles, high legal fees, and months (or even years) of stress. But there’s another option— mediation —and it might be a better fit for your family, your finances, and your future. 1. Mediation is Less Expensive Than Court Legal fees can add up fast in a contested divorce. Between attorney retainers, filing fees, and court costs, traditional divorce can easily cost tens of thousands of dollars. Mediation, on the other hand, typically involves fewer billable hours and shared costs, making it a more affordable path forward. 2. It’s Quicker and More Flexible Court schedules can drag the divorce process out for months. Mediation sessions are scheduled at your convenience and often resolve issues much faster—sometimes in just a few sessions. It can be done either online or in person, giving you the flexibility to stay comfortable in your own space. You set the pace, not the court docket. 3. You Stay in Control In court, a judge makes the final decisions about your property, your finances, and your children. In mediation, you and your spouse work collaboratively with a neutral mediator to come to mutually agreeable solutions. This can feel more empowering and less adversarial. 4. It’s Private and Confidential Court proceedings are public record. Mediation, by contrast, is confidential. Sensitive family matters—like parenting concerns or financial struggles—stay private and are handled with discretion and compassion.  5. It’s Better for Co-Parenting If you’re raising children together, your relationship with your ex doesn’t end after the divorce is finalized. Mediation fosters communication and cooperation, which can lay the foundation for healthier co-parenting. Children benefit when parents can work together respectfully—even after separation. 6. It Honors Hawaii’s Cultural Values At Family Mediation Hawaii, we recognize the importance of aloha, ohana, and community. Mediation allows families to navigate change with respect and dignity, guided by culturally aware mediators who understand the local landscape. Is Mediation Right for You? If you and your spouse are willing to sit down with a neutral third party to discuss your options, mediation could be a great fit. Even in high-conflict situations, mediation can provide a calmer space to work through tough topics. 📅 Ready to explore your options? Fill out this intake form for a free consultation with Family Mediation Hawaii today. Let’s find a peaceful path forward—together.
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The Boards of Directors of both the Association of Family and Conciliation Courts and the National Council of Juvenile and Family Court Judges have approved a Joint Statement on Parent-Child Contact Problems. The statement accomplishes several objectives. It acknowledges risk to children of polarized perspectives and emphasizes the importance of effectively addressing parent-child contact problems by adopting a child-centered approach. In order to reach these objectives, the statement calls for increased professional competence, screening for safety, conflict, and parent-child contact problems, the full consideration of all factors that may contribute to parent-child contact problems while conducting individual case analyses and referring to appropriate and proportional services and interventions when necessary. The Statement is below: AFCC AND NCJFCJ JOINT STATEMENT ON PARENT-CHILD CONTACT PROBLEMS Problem Statement: The vast majority of separating and divorcing parents maintain safe, healthy, and positive relationships with their children; however, a small percentage of parent-child relationships remain strained and/or problematic. Children are at greater risk when parent-child contact problems are not effectively addressed and when family law professionals and others echo and intensify the polarization within the family. This problem may be exacerbated by (1) gendered and politicized assumptions that either parental alienation or intimate partner violence is the determinative issue; (2) contradictory rhetoric about the application of research findings and the efficacy of interventions; (3) indiscriminate use of services; and (4) a lack of understanding of different perspectives, education among family law practitioners, and resources. AFCC and NCJFCJ support transparent, informed, and deliberate dialogue and response to parent-child contact problems following separation and divorce, or when the parents have never resided together, by adhering to the following considerations: Adopt a child-centered approach Children’s behavior should be considered in the context of what is normal for a child’s age, developmental stage, and the family socio-cultural-religious norms. This behavior may also be an expectable, adaptive reaction to stress, change, or an adverse childhood experience. The paramount focus of practitioners working with parent-child contact problems should be to promote the safety, interests, rights, and wellbeing of children and their parents/caregivers at all socioeconomic levels. Children should have the opportunity to express their views in family justice matters that concern them. The stated views of children are not necessarily determinative of their best interests. There are multiple factors that may contribute to children expressing views that do not reflect their best interests. Family justice practitioners should understand the basis for the child’s expressed wishes and acknowledge their rights. 2. Increase competence in working with parent-child-contact problems Specialized knowledge and skill are necessary to work effectively with families with parent-child contact problems. Family law practitioners should receive regular and ongoing training on the various factors related to parent-child contact problems including, but not limited to intimate partner violence, substance misuse, high conflict, denigration, parental alienating behaviors, and healthy parenting. 3. Screen for safety, conflict, and parent-child contact problems In addition to initial and ongoing screening for safety, intimate partner violence and power- imbalances within families in all family law cases, parent-child contact issues, once identified, should be uniquely screened for safety and family risk factors, including the severity, frequency, and impact. Practitioners should, in all cases, employ a structured and evidence-informed screening for family risk factors. 4. Fully consider all factors that may contribute to parent-child contact problems There should be no immediate label used for parent-child contact problems as there are multiple factors and dynamics that may account for these issues. These include interparental conflict before and after the separation, sibling relationships, the adversarial process/litigation, third parties such as aligned professionals and extended family, a lack of functional co-parenting, poor or conflictual parental communication, child maltreatment, a response to a parent’s abusive behaviors, the direct or indirect exposure to intimate partner violence, parental alienating behaviors, an alignment with a parent in response to high conflict coparenting, or a combination of these factors. Therefore, practitioners should maintain a broad lens and sufficiently consider the relative contribution of each potential factor before conclusions are made about cause. 5. Conduct individual case analysis Social science research findings can provide the field with valuable information about the group studied but cannot be used to determine the characteristics or experiences of individual parties or children; therefore, each family/case/situation must be specifically examined and informed by the best available evidence. Each case must be examined uniquely to understand the etiology and current dynamics of the problem for the family justice system to intervene in an effective child- focused manner. 6. Refer to appropriate and proportional services and interventions Practitioners should exercise care in recommending, referring, or ordering family members to services and interventions. These services and interventions should be accessible, accountable, proportional to the nature and severity of factor(s) contributing to the parent-child contact problem(s), particularly when there is a court order requiring such services and interventions. Such services and interventions should be informed by a child-centered approach.
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