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Hawaii Divorce Facts

When going through a divorce in in Hawaii, it's helpful to have some key information. Below you will find some of the most important facts everyone getting a divorce in the state of Hawaii should know. The facts listed here are only a selected few of the more comprehensive set of Hawaii Divorce Laws available for your reference. Remember, every state's law is different, and if you're not sure about a law in your state, you should ask a qualified Hawaii Divorce Professional.

  • Both parties must be physically present or have been domiciled in the state for at least six months prior to filing in order to file for a divorce in Hawaii. A person residing on any military or federal base, installation, or reservation within the state of Hawaii or who is present in the state under military orders are exempted from the above requirements.
  • Divorce should be filed in the judicial district where the plaintiff resides or the judicial district where the plaintiff and the other spouse last resided as a married couple.
  • Hawaii is an equitable distribution state. This does not mean that all property will be divided equally, but it means that the property will be divided as fairly as the court sees fit. When the parties cannot reach a settlement on their own, the family court decides which property and debt is to be considered marital and decides the terms and conditions of its division and distribution.
  • Support in a Hawaii divorce greatly influences how the marital property is distributed. The family court makes the decision on a case-by-case basis. They look at several factors to decide who requires the most financial support, including the financial resources of the parties, potential of the spouse seeking support to meet his or her financial needs on his or her own, the duration of the marriage, standard of living established during the marriage, the age of the parties, the health of both parties, the occupation of each spouse, the vocational skills and employability of the party seeking monetary support, the needs of the parties, the custodial and child support responsibilities, the ability of the party from whom support and maintenance is sought to meet his or her own needs while meeting the needs of the party seeking support and maintenance, and the probable duration of the needs of the party seeking support.
  • The family court awards custody of children to either parent or both parents according to the best interests of the children.
  • Child support is based on each parent's financial burdens, responsibilities, and individual income, and the court considers the same factors in child custody.

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