Divorce Guide

Divorce Guide

Hawaii Divorce Rights

Hawaii is one of the fifty states of the United States of America. This is an island in the sea territory of the USA. The United States of America which is considered to be registering one of the highest numbers of divorce related cases in the world has been concerned about this issue. Any person filing the case of divorce in Hawaii State has to be a resident of the state for a continuous period of six months before filing the case. This residential obligation is not however applicable on a person who has been residing in any military base.

The divorce law of Hawaii has defined some of the grounds which would be considered lawful in order to decide and proceed in the cases of divorce. There are family courts in Hawaii which decide as to which case is suitable for the application of the divorce laws of Hawaii. The grounds which are generally considered suitable by the family courts of Hawaii are: when the marriage is considered to be broken down irretrievably, when the parties involved in the case have been living separately for a period of 2 or more years, when there is no possible term of reconciliation between the spouses.

The spouse who files the petition for the dissolution of the marriage in Hawaii is known as plaintiff and the spouse who receives the petition and has to respond to the petition is known as respondent. The name of the court where the case of divorce is filed in Hawaii is known as Family Court. Soon after filing the case, the court assigns a case number and asks the plaintiff to submit some related documents.

The documents which are required while filing the case are: complaint for divorce and the decree for divorce. Marital settlement agreement, matrimonial action information and the income and expense statement are some of the other documents which are required by the family court in Hawaii.

Hawaii, just like some other states of the USA, also follows the principle of equitable distribution. It is to be noted here that the equitable distribution does not mean an equal distribution of resources; it however means a fair distribution of resources. The court also considers the factors such as resources available to the respective parties and other related factors which the court might find important.

Family court in Hawaii does decide on the matters of spousal support and other related issues. It is however not essential that every case will involve the support of one spouse by another spouse. A number of factors such as the duration of the marriage, individual resources of the two parties concerned, standard of living, age and health, vocational skills of the parties are considered by the court before arriving at any conclusion.

When one or more minor children are involved in the case of divorce, all necessary alternatives are discussed so as to lessen the physical or emotional trauma that children may experience. Hawaii makes use of the percentage of income formula in order to arrive at the support to be provided by any of the parents. This formula is used by many other states of USA.

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