Robert J Martin Jr Attorney

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Robert J Martin Jr Attorney

Divorce
Whether you are active-duty in Hawaii, or are a military spouse, you will need to be familiar with the protections provided by federal laws, like the Service Members Civil Relief Act, and the Uniformed Services Former Spouse Protection Act. I have represented numerous service members and military spouses in Hawaii Family Court and have a keen understanding of the many unique issues that may arise in military divorce cases, such as military retirement, military medical retirement, Thrift Savings Plans (TSP), military entitlements, early return of dependents (ERD), Tri-Care, and its Continued Health Care Benefits Program (CHCBP).

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Places Near Honolulu with Attorneys

Wake Island (3 miles)
Fort Shafter (4 miles)
Tripler Army Medical Center (6 miles)
Camp H M Smith (10 miles)
Pearlridge (11 miles)
Aiea (11 miles)
Kaneohe (13 miles)
Waimanalo (15 miles)

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Extra Phones: Phone: (808) 536-1220
AKA: Martin Robert J Jr
Categories: Attorneys, Child Custody Attorneys, Criminal Law Attorneys, Divorce Attorneys, Family Law Attorneys

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Phone: (808) 523-8894

Address: 1003 Bishop St Ste 2300, Honolulu, HI 96813

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Robert J Martin Jr Attorney

Divorce
Whether you are active-duty in Hawaii, or are a military spouse, you will need to be familiar with the protections provided by federal laws, like the Service Members Civil Relief Act, and the Uniformed Services Former Spouse Protection Act. I have represented numerous service members and military spouses in Hawaii Family Court and have a keen understanding of the many unique issues that may arise in military divorce cases, such as military retirement, military medical retirement, Thrift Savings Plans (TSP), military entitlements, early return of dependents (ERD), Tri-Care, and its Continued Health Care Benefits Program (CHCBP).
Child Support
If you have children, resolution of your Hawaii divorce case will most likely obligate you or your spouse to pay child support. The amount of child support will depend on the type of physical custody – sole, or joint, and the gross monthly income of each parent. The Hawaii Family Court uses a Child Support Guidelines Worksheet to calculate child support. Each parent’s gross monthly income is entered, and if either parent is entitled to a credit for paying for the children’s health insurance, or for daycare/pre-school, then that amount is also entered and will be deducted from that parent’s child support obligation. Child support may be paid directly to the other parent, or through the Hawaii Child Support Enforcement Agency.
Child Custody and Visitation
One of the issues you may be facing in your Hawaii divorce or paternity case is child custody. It is one of the most contested issues, and can be difficult because they are stressful for everyone involved, they are expensive, and they can take a long time for an attorney to resolve. Child custody cases in Hawaii are even more difficult if you do not have an experienced family law attorney that knows Hawaii law representing you.
Paternity
In Divorce and Paternity cases in Hawaii, reasonable visitation is usually awarded to the non-custodial parent. Visitation is usually awarded by agreement of the parties, or by the Hawaii Family Court after a trial or hearing. The parties will usually agree to a fixed visitation schedule, but sometimes they will agree that visitation will be “by agreement of the parties”, particularly when one or both parents have work schedules that change frequently.
Premarital Agreement
A prenup agreement must comply with very specific requirements/guidelines for it to be enforceable. For example, the Hawaii Family Court will not enforce a prenuptial agreement if a spouse did not fully disclose all of his/her assets and/or debts, and the defrauded spouse could not have known about these undisclosed assets and/or debts. Also, in some cases, if a prenuptial agreement was signed just days before the parties’ wedding, it may appear that a spouse did not have enough time to review it with an attorney, or that the agreement was signed under duress. Finally, the Family Court may not enforce one or more of the provisions if it determines that they are extremely unfair.
Spousal Support
Alimony is never a guarantee in Hawaii Family Court. If you are seeking alimony, you will need to be able to demonstrate a need for it. If you can demonstrate a need for alimony, then the Family Court will need to determine whether your spouse can afford to pay you alimony / spousal support, and for how long. If your spouse is seeking alimony from you, the Hawaii Family Court should not order you to pay more than you can afford.
Legal Separation
If you encounter any “red flag” issues but are not yet ready to give up on your marriage or want to protect your share of assets accrued during the marriage, a post-nuptial agreement may provide the security you need. You will want to be able to focus on the issues affecting your marriage without having to worry about what will happen if it ends in divorce. Post-nuptial agreements are binding in Hawaii Family Court, if they meet certain requirements, and are almost always a better option than a legal separation.

Criminal Defense
I have practiced criminal defense as a deputy public defender in Hawaii, and in private practice, and am also an experienced family law attorney. I have successfully defended clients charged with abuse in jury trials and have negotiated plea agreements on behalf of clients that resulted in their charges eventually being dismissed. Let me help you resolve your abuse case in a way that will give you the best chance at a favorable result in your child custody/visitation case.
Misdemeanors
Abuse of a family or household member is a criminal offense in Hawaii. Abuse can be charged as a misdemeanor, or a felony, depending on the circumstances. Being charged with abuse can significantly impact your child custody case. For example, if the Hawaii Family Court concludes that a parent has been abusive, it creates a rebuttable presumption that the other parent should have physical custody of the children.

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