Hawaii Divorce Law
Divorce law in Hawaii is a very complex process, including many forms that must be executed properly and the strict rules and requirements that apply to everyone. That is why you need a skilled, experienced divorce attorney like Sara R. Harvey to guide you every step of the way.
In general, Hawaii recognizes no fault divorces, or divorces based essentially on irreconcilable differences. Hawaii also supports the equitable distribution of property and assets, meaning that property and assets are split fairly but not necessarily 50-50.
Requirements for Hawaii divorce
All divorcing couples in Hawaii must meet the following legal requirements:
- They must be domiciled or physically present in Hawaii for six consecutive months prior to a final divorce decree.
- Grounds for the divorce may be based on a two-year marital separation or a marriage that is irretrievably broken.
- Hawaii divorce forms, including the Complaint for Divorce and Summons to Answer Complaint, must be file-stamped and submitted at the courthouse.
- If there are dependent children, divorcing spouses must also complete the Matrimonial Action Information (MAI) form, which provides vital information about the spouses and their children.
- Divorcing spouses with dependent children must also attend a mandatory Kids First II program.
- The spouse filing for divorce must serve notice on the other spouse by sending divorce forms via certified mail or physical delivery according to strict rules.
- Payment of the court filing fee for your county in Hawaii.
Child custody and support under Hawaii divorce laws
The Hawaii family court system and divorce laws in Hawaii govern all aspects of the divorce process, including emotionally charged issues such as spousal and child support as well as child custody arrangements. The goal of Hawaii divorce court is to make custody decisions that are in the best interests of the child and to establish child and spousal support payments that do not drive either parent into poverty.
According to Hawaii child support guidelines, the amount of child support is determined using a percentage of income formula that calculates the support obligation as a percentage of the gross income of the non-custodial parent, depending upon the number of dependent children they are obligated to support.
Child and spousal support obligations are not necessarily the husband's responsibility. Increasingly, the vocational skills, employment prospects, and daily childcare responsibilities of both parties are considered in the final determination on support payments.
Contact our Hawaii family law firm today
If you need a family law attorney, divorce lawyer, or child custody lawyer, The Law Office of Sara R. Harvey can advise you of your rights under the family laws of Hawaii. Attorney Sara R. Harvey provides skillful, experienced representation in the courtroom as well as using collaborative divorce and mediation techniques that foster equitable divorce settlements that are less stressful and costly. Please contact The Law Office of Sara R. Harvey at 866-637-1598 or complete our quick contact web form to arrange for a consultation today.
