Divorce Guide to Hawaii
Divorce Guide to Hawaii
A woman's guide to getting a divorce in Hawaii
HAWAII DIVORCE LAWS:
The Residency Requirement: The party filing for divorce must have lived in Hawaii for six months prior to the filing of the divorce complaint.
Grounds: Irretrievable breakdown of the marriage, or living separate and apart for at least two years, or living apart for a term set by a separation decree issued by any court; all with no likelihood of resuming cohabitation.
Property Division: Hawaii is an equitable distribution “hotchpot” state. This means the court can divide any and all property, however and whenever acquired, in a manner that is “equitable,” not necessarily equal (click the following for an overview and key tips on dividing up property and assets through divorce).
Alimony: The court can award alimony to either the husband or the wife, and it can be indefinite or “rehabilitative,” meaning for a time to allow a party to get back on his or her feet and into the workforce. The court shall consider the respective merits of the parties, the usual occupation of the parties during the marriage, and the vocational skills and employability of the party seeking support and maintenance.
Child Custody and Child Support: As in all states, the primary concern is “the best interests of the child.”
Child support is determined by the Hawaii Child Support “Melson Formula,” very much like Delaware’s formula. This factors in incomes, time sharing, child care, health care, and subsistence needs of all parties (click the following for an overview and list of articles on child custody and child support).
The state of Hawaii has an on-line calculator that can give you an idea of what child support would be: http://hawaii.gov/jud/childpp.htm
The obligation of support ends at age 18, or through 19 if the child is enrolled in high school.
Disclaimer: The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.
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