Hawaii divorce law synopsis
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Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce, it is important that you know some of the state divorce laws and regulations is the state you may thinking about filing your divorce petition in. After reading the divorce laws of the state you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be. We at Good Divorce Lawyers are here to help!
If you are thinking about filing a Hawaii divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.
The residency requirement for filing a Complaint for Divorce in Hawaii is 6 months, at which time they must file their complaint in the Family Court in their county of residence.
Hawaii Grounds for Divorce
Hawaii is a no-fault divorce state, so while there is no option for spouses to file for a no-fault divorce, there are several grounds to file a no-fault divorce:
- The marriage must be irretrievably broken
- Partners are living separate and apart under a decree of separation
- Partners have been living separate and apart for 2 years or more
- Partners have been living apart for at least 2 years prior to filing for divorce and there is no reasonable likelihood that the marriage will be restored.
Uncontested Divorce in Hawaii
When both parties in a divorce agree on all the elements that must be decided in the divorce, they can file for uncontested divorce. In addition, there is a method for a simplified divorce in Hawaii in which both parties may simply state by affidavit that there is an irretrievable breakdown of the marriage. Then neither party will be required to appear in court.
Contested Divorce in Hawaii
Contested divorces are more complex, because there are always issues that the parties cannot agree on. There are often counterclaims in opposition to those made in the original petition. The parties generally need to retain divorce attorneys to prove their clients’ claims to the court, where a judge will make the final ruling.
Annulment in Hawaii
Under Hawaii annulment laws, the petitioner must prove that a true marriage never existed in order for the court to issue a decree affirming that fact. Annulments are rare in Hawaii because the grounds for this procedure are difficult to prove:
- Incest
- Mental incapacitation, either permanent or temporary
- Underage marriage, for those 15 years old or younger without parental approval
- Fraud
- Duress
- Bigamy
No Fault Divorce in Hawaii
While Hawaii is not a no-fault divorce state, residents can file for a no-fault divorce. The grounds for such a petition are simple: that the marriage is irretrievably broken.
Hawaii Fault Divorce
The law does allow a Hawaii resident to file for a fault-based divorce. There are a number of conditions under which this type of petition maybe filed:
- Consanguinity, or marrying a close relative
- Mental incapacitation
- Impotence
- Force, duress, and fraud
- The wife’s pregnancy at the time of the marriage by a man other than her husband, which was unknown to her husband
- Wilful desertion, lasting for a period of 1 year or more
- Felony conviction and imprisonment for 2 years or more
- Habitual drunkenness
- Cruelty
- Incurable mental illness
- Habitual drug addiction
Hawaii Divorce and Child Custody
Child Custody Laws
Hawaii courts take a number of elements into consideration when determining the custody of a child of divorce, primarily the suitability of those parents, including any prior domestic abuse, the opportunity for ongoing contact with both parents, and the needs of the child.
For a child of 14 years old or older, the wishes of the child is the determining factor, unless the parent they select is unfit. Children between the age of 11 and 14 can express their wishes and the court will take them into consideration in their custody decision.
Child Alimony
Hawaii believes it is in the best interests of the child and the state for both parents to be liable for the support of their minor children, regardless of the gender of the parent or any fault in divorce. Other factors considered in child support orders include:
- The parents’ income and expenses
- The parents’ earning potential, reasonable necessities, and borrowing power
- The child’s needs
- Public aid the child would receive without child support
- The parents’ other dependents
- Parents’ incentives to work
- The balance between supporting the child and avoiding poverty level for the parents
- Avoiding any excessive change in the parents’ income
- Parents of school-age children can work but choose not to, 30 hours of minimum wage income is added to their presumed income
Hawaii follows the Percent of Income Model, which is the most basic method of calculating support using Child Support Worksheets.
Hawaii Divorce Spousal Support
When spouses are unable to come to an agreement about spousal support, or alimony, it is up to the court to order that support according to a number of factors, including the prohibition of either party receiving alimony if they are guilty of desertion or adultery
Lump Sum Alimony
Determined at the discretion of the court.
Permanent Alimony
Determined at the discretion of the court
Temporary Spousal Support
Determined at the discretion of the court
Rehabilitative Alimony
Determined at the discretion of the court
Military Divorce in Hawaii
Spouses in the military are protected by Hawaii law in several ways:
- Divorce papers must be service to the recipient personally
- If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
- Proceedings may be postponed throughout the party’s service and up to 60 days after
- Direct payment of retirement pay is provided to spouses married 10 years or longer
- Child support is not to exceed 60% of serviceperson’s pay and allowances
Help From A Hawaii Divorce Lawyer?
Because the parties in a divorce can file both for a no-fault divorce and for a fault-based divorce, there are many couples that need the advice of a divorce attorney to ensure that their rights are being protected throughout the process. In addition, most experienced divorce lawyers are skilled negotiators who can help those going through this stressful and emotional period and provide solid advice to help them make wise decisions about their family, their finances, and their future.
Copyright Notice: The above abbreviated synopsis of Hawaii state divorce laws is original material which is wholly owned and copyrighted by “Good Divorce Lawyers” a division of MNW Diversified, Inc. This material has been adapted from applicable state laws and unauthorized reproduction is prohibited.