Divorce in Hawaii: Everything You Need to Know
Divorce can be a disheartening experience for anyone. It’s a tough and emotional process, and even more complicated in regards to legal matters. If you are a resident of Hawaii and planning to file for divorce, this article is for you. Here are the important things you need to know about divorce in Hawaii.
The basics of Divorce in Hawaii
Hawaii is a no-fault divorce state, which means that the spouse seeking a divorce is not required to prove any fault or wrongdoing to obtain a dissolution of marriage legally. The only requirement for filing a divorce is that one of the spouses has lived in Hawaii for at least six months.
Grounds for Divorce in Hawaii
Although Hawaii is a no-fault divorce state, there are still grounds for divorce in Hawaii. The most common grounds are:
1. Irreconcilable differences
2. Mental incapacity of one spouse
3. Adultery
4. Extreme physical or emotional cruelty
5. Abandonment for a substantial period
6. Imprisonment for a felony conviction
Division of Property
Hawaii is an equitable distribution state. In case of divorce, the marital property will be divided equitably between the spouses. Equitable distribution is not necessarily an equal distribution. The court considers several factors while dividing marital property, such as the length of the marriage, the earning capacity and income of each spouse, and the health and age of each spouse.
Child Custody and Support
If the couple has children, child custody and support are one of the most crucial aspects of a divorce proceeding. Hawaii courts focus on the best interests of the child while deciding custody and visitation rights. The court may award joint custody, sole custody, or split custody, depending upon the specific circumstances of the case. Child support is calculated based on the income of each parent.
Conclusion
Divorce is never easy, but knowing these important aspects of divorce law in Hawaii may help you prepare for the process ahead. Take the time to understand your rights, assets, and obligations before starting the divorce proceedings. This will help you make informed decisions and get through this difficult time as smoothly as possible.
