Divorce Laws in Hawaii

November 8, 2009 · Filed Under marriage tips 

Residency

In order to file a divorce case in Hawaii, strong residency requirements should be met for the court to consider the case. The residency requirements Hawaii are: The partner filing a divorce must be living in Hawaii for at least three (3) months. Final divorce approval will be given only when one partner has been Hawaii resident for at least six (6) months. Parties should file a divorce in: (a) the judicial district where the applicant resides; or (b) the judicial district where the both partners last lived.

Documents required for filing divorce

Complaint for Divorce and Final Decree of Divorce – these are the vital documents required to initiate and finalize a divorce case.

Distribution of Property

Hawaii is considered as equitable distribution state, so according to laws, martial properly is divided equally among the parties. If the parties are unable to reach and conclusion about how to distribute property, then court will use three step process for appropriate distribution. First of all court will decide what property is marital. Second, according current real state value, court will determine a value of the marital property. In last, court will divide the marital property in an appropriate way, not necessarily equal, instead what is considered to be fair.

Change of Name or Restoration of name

After filing for a divorce case and if requested either party can restore it name to former name.

Mediation Counseling

The court can delay the case proceedings up to sixty (60) days and can ask the spouses to get appropriate counseling, if one of the spouses does not accept that there has been a severe or significant breakdown of the marriage.

Alimony

Hawaii courts can order permanent or temporary alimony during case proceeding if it feels it is appropriate. The court has the authority to award both spouse maintenance, for both (or anyone), for an unspecified period or a limited period.

Child Custody

Child custody (Joint or Shared) is getting more popular with the Hawaii courts. If parties request to have shared or joint custody, it will most likely be granted, in almost all cases. Joint or Sole custody can be awarded to both parents based on child’s best interests.

Child Support

To settle the problem of child support, both parents can get help from Hawaii court. The court will announce its own decision based on merit, financial situation, burden and other aspects of case.

Minnie Davidson is an experienced writer working as free lance for different companies, including Writing Services Company. Writing services company provides study aids for college and school students. You can visit website here: College Term Papers

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