Reviewing Divorce Requirements With a Divorce Lawyer in Honolulu

by | Sep 2, 2015 | Law

Hawaii divorce proceedings require the petitioner to fulfill all prerequisites. This includes establishing residency requirements and serving the divorce summons. If the petitioner is married to a member of the armed forces, they must follow strict guidelines. A divorce lawyer in Honolulu will help the petitioner fulfill these demands.

What Are the Residency Requirements?

Divorce petitioners must live in the state for no less than three months. The petitioner’s spouse could also be a member of the armed forces and stationed in the state. Full time residency is required for the state of Hawaii to hold jurisdiction over the case.

What Grounds Are Available in Hawaii?

Irretrievable breakdown and separation are the two primary reasons for divorce in Hawaii. As a no-fault state, adultery isn’t used as a divorce ground. However, military personnel may use the fault-based ground in military divorce proceedings.

Certain requirements are applied to separation-based grounds. The parties must be separated legally or live apart for at least two years. The petitioner must prove that cohabitation isn’t possible.

What Is Equitable Division of Marital Property?

Hawaii is an equitable division state. This implies that all marital property is divided equally. Each spouse receives properties and assets that have equal value. Any property assignment that present a dispute is sold, and the proceeds are divided.

Evaluating Spousal Support

Alimony assignments reflect the earning potential of each spouse. A spouse receives alimony to provide the same lifestyle achieved during the marriage. In military marriages, the civilian spouse receives support if the couple has children only. Any civilian spouses that commit adultery aren’t entitled to alimony.

Child Support Payments

Child support payments are based on the non-custodial parent’s earnings. They are also based on the total number of children. The final judgment is rendered by the court, but it can be modified. The custodial parent may file for a modification after the first year.

Hawaii divorce follows a no-fault system. The divorce petitioner may use any no-fault grounds. However, in military divorces adultery and abandonment are also used.

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