Hawaii has following divorce laws:
Residency Requirements
For filing a divorce case in Hawaii, you have to meet the rigid residency requirements which are mandatory in Hawaii’s divorce laws. Otherwise the court will not consider your divorce case.
Residency Requirements in Hawaii
Hawaii Divorce laws require you to be a resident of Hawaii for atleast a period of three (3) months to file a divorce case. The court will award a final approval for divorce only when one of the spouses has been a resident of Hawaii for atleast six (6) months.
Both you and your spouse are required to file divorce in:
- Judicial district where you are residing
- Judicial district where you and your spouse lived together
Documents Required for Filing Divorce in Hawaii
To initiate and finalize a divorce case according to the Hawaii divorce laws, following documents will prove vital:
- Complaint for Divorce
- Final Divorce Decree
Distribution of Property in Hawaii
Hawaii is an ‘equitable distribution’ state. Since so is the case, the Hawaii divorce laws dictate an equal distribution of
marital or community property amongst both of the spouses. Just in case you and your spouse are unable to reach an agreement, the court will follow a three step process for the distribution of the marital property:
- Establishment of the fact that the property in question is not individual property but marital property.
- Determine the value of your marital property according to the current property prices.
- Divide the property into two parts which might necessarily be equal. For division, the divorce court may take in account various factors, to make it a fair distribution.
Change of Name or Restoration of Name in Hawaii
Hawaii Divorce laws allow you to revert back to your pre-marriage name after you formally file a divorce. This applies to both spouses.
Mediation Counseling in Hawaii
If one of the spouses refuses to acknowledge a significant breakdown of marriage, Hawaii divorce laws dictate a delay of the divorce case proceedings upto sixty (60) days. The court can also ask you to go for
mediation and counseling.
Alimony in Hawaii
Hawaii Divorce laws favor a permanent or temporary
alimony during case proceeding if required. The court has the authority to award maintenance to both spouses for a limited or unlimited period.
Child Custody in Hawaii
Child custody (Joint or Shared) is an important component of Hawaii’s divorce laws. A request for shared or joint custody is usually granted. A child’s interests are taken in account before the court decides this matter.
Child Support in Hawaii
Hawaii’s divorce laws take in consideration merit, financial situation and other aspects of the case, before settling
child support issue.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information in your state.
