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Divorce
Forms |
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 How
does one say "Til Death Do Us Part" in
Hawaiian? However it's said, we know that it isn't
the oath it once was, and maybe that's no-fault
divorces causing that, or maybe it's a lax society.
In any case, you're here and needing answers.
Take a deep breath. If nothing else, we'll give
you some answers and ease your anxiety. If you're
having a tough time coping, perhaps you should view
this page first.
Child Support
Lawmakers
have put into place Hawaii divorce laws designed
to provide for those going through the divorce
process. The court can issue temporary orders
for care, custody, education, and maintenance
of children, subject to its own revision at any
stage in the legal process. The judge may issue
the following directives: 1. Order the parties
or either of them to provide for the support,
maintenance, and education of the children, 2.
Order either party to provide support and maintenance
to the other and 3. Order either party to provide
support and maintenance to the other.
Child support
obligations are in place until the child reaches
19 years of age. In addition, temporary support
may be ordered for the maintenance of
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the
other spouse, and can be extended or made
permanent with the final decree. Factors considered
by the court may include:
1. Financial resources of
the parties
2. Ability of the party
seeking support and maintenance to meet his or
her needs independently
3. Duration of the marriage
4. Standard
of living established during the marriage
5. Age of the parties
6. Physical and emotional
condition of the parties
7. Usual occupation of the parties during the
marriage
8. Vocational skills and employability of the
party seeking support and maintenance
9. Needs of the parties
10. Custodial and child
support responsibilities
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11.
Ability of the party from whom support and maintenance
is sought tomeet
his or her own needs while meeting the needs of
the party seeking support and maintenance
If a marriage separation
(sometimes referred to as a marital separation
or legal separation) has been decreed, the court
may make such further orders for the support and
maintenance of either spouse and for the support,
maintenance, and education of minor children,
by either spouse, or out of the property of either
spouse, as the court deemed appropriate.
If a marriage separation
(sometimes referred to as a marital separation
or legal separation) has been decreed, the court
may make such further orders for the support and
maintenance of either spouse and for the support,
maintenance, and education of minor children,
by either spouse, or out of the property of either
spouse, as the court deemed appropriate.
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Child Custody
The court may award child
custody or award child support at any time during
or after the proceedings for divorce. Courts in
Hawaii will be guided by the following factors:
1. Child custody should be awarded to either parent
or to both parents according to the best interests
of the child, 2. Child custody may be awarded
to persons other than the father or mother whenever
the award serves the best interest of the child,
3. The court will weigh the wishes
of a minor child when deciding which parent will
be awarded primary child custody, 4. The courts
ability to launch investigations surrounding the
living
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conditions
of the child, 5. The court may allow the testimony
of any person or expert, 6. Should a determination
by the court that family violence has occurred,
the court may rule child custody go solely to
the parent who fell victim to that behavior, and7.
A court may award visitation to a parent who committed
family violence only if the court finds that adequate
provision can be made for
the physical safety and psychological well-being
of the child and for the safety of the parent
who is a victim of family violence.
The court can order counseling,
supervised visitation, joint child custody or
modification of any
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previous order, as it sees
reasonable and prudent.
Co-parenting equally, where the child spends
1/2 the month with each parent (or alternates
weeks) is becoming more common, but carries with
it its own set of challenges. If you are considering
this, it pays to consult with a child psychologist
or another professional in this area. Children's
preferences as to where they want to live are
considered by the court (in many cases) once they
reach their teenage years.
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Visitation/Co-Parenting
Visitation
in Hawaii is much like other states. The parents
have the opportunity to create a parenting plan
that includes the particulars of when the children
will be with the non-custodian, but if they are
unable to agree, the court will make that determination
itself.
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If
a child is capable of forming an informed preference,
a court will consider the wishes of the child
in the custody determination. Typical visitation
for the non-custodian is every other weekend,
one non-overnight
weekday, alternating holidays, Father's and Mother's
Days and a number of weeks in the summer.
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Be
aware that you have to guide your side of the
divorce. Don't rely that your attorney will think
of everything. You set the course; your lawyer
navigates. If you anticipate any problems with
custody or visitation, we suggest you own Child
Custody Strategies.
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Alimony/
Maintenance/ Spousal Support
The court
has the ability to award temporary alimony (spousal
support ) after the initial filing of the case.
In addition, the parties may be required jointly
or severally to pay for any |
court
costs the bench deems just, including compensation
for witnesses, expenses at the trial, attorney's
fees, and the like. Guidelines for alimony are
taken largely from case law rather than provided
by Hawaii state statute.
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Marriage
Annulment
Marital Annulment
In Hawaii
divorce law, the court will Declare the marriage
contract has been broken; in an annulment, the
court says that there never was a marriage. Annulment
is much more difficult to prove -- and is much
rarer -- than divorce. A petition for a marriage
annulment (sometimes called a marital annulment)
is much like a divorce, except |
that
the petitioner must prove grounds for the annulment
request. Acceptable grounds for an annulment include:
underage, another spouse still living, lacking
mental capacity, consent obtained by force, duress,
fraud, Concealment of something import e.g. a
disease. Prohibited marriages include: Between
ancestor and descendant, any degree, brother and
sister half or whole-blood, uncle and niece, aunt
and nephew legitimate or illegitimate; bigamous;
same sex.
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Marriage
Counseling/
Mediation
Parenting plans. In an
action where child custody is contested, the court
will require each of the parties to submit either
a mutual parenting plan, or separate parenting
plans. These plans will include a general outline
of parental responsibilities and parenting time.
This effort should be considered
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a
plan proposal before the court.
Plans may include everything
from residential schedules to holiday, birthday,
and vacation planning, to parental decision-making
and
If
the parties cannot agree on a parenting plan,
the court may order the parties to participate
in alternative
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dispute
resolution (mediation) and in counseling (not
necessarily marriage counseling) with a person
with professional experience in child custody
or parenting issues, or with other appropriate
education, unless there is a finding of family
violence; and develop and file a detailed parenting
plan when requested by either of the parties or
parents. |
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Legal
Separation/
Marital Separation
The parties may petition
for a legal separation (sometimes called a marital
separation or divorce separation), and the court
may grant the separation from "bed and board" |
for
up to two years if the court finds the
marriage has been disrupted. The court will further
decree for the support and maintenance of either
spouse and for the support, maintenance, and
financial support of any children of the marriage.
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Waiting
Period
Waiting period: Alabama divorce law requires that thirty (30) days elapse from the filing of the summons and complaint before a final judgment of divorce be entered.
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Alabama
further requires that neither party to the divorce
may remarry, except to each other, until sixty
days after the judgment of divorce is entered.
If an appeal of the judgment of divorce is taken,
the parties may not remarry, except to each other,
during the pregnancy of the appeal. |
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Grandparents Rights
At the discretion of the court, grandparents may be awarded visitation privileges of minor grandchildren. You should consider having details of grandparents visitation in place before the final decree gets gaveled, otherwise, it may be back to court you go (legal fees). |
Involved grandparents can expect the courts, in general,
to be favorable to petitions requesting time with the children. It goes without saying that a good relationship is always better than a court order. The shame is a fairly high percentage of these cases experiences alienation from the custodial parent.
State
Fact Sheets for Grandparents and Other Relatives
Raising Children |
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Divorce
Settlement
Hawaii is known as an "equitable distribution" state.
If the parties cannot reach a divorce settlement
on dividing marital assets, the court will do
so. Hawaii divorce laws determine that the division
of property and debts between the divorcing parties
should be fair and equitable, but not necessarily
equal. The parties have the opportunity
to come to a divorce settlement and not leave
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settlement
up to the court. There is no fixed standard to
divide property, each case will be decided on
its facts, and the trial court's discretion will
not be disturbed on appeal without a showing ofclear
abuse. [Editor's note: make sure you and your
lawyer make certain you leave no stone unturned,
as once the ink dries on this issue, it's pretty
well set in stone]. Did you come
into this marriage owning a house? Concerned about
the
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equity
in that house that you brought into the marriage?
Worried about having a pre-marital asset be subject
to a divorce settlement? Here's how it works generally.
What you brought into the marriage is usually
all yours. However, any appreciation of the house
or the property value is normally treated as a "marital asset",
meaning that you will likely forfeit a third to
a half of that appreciation to your spouse in
the divorce.
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Residency
Requirements
No divorce will be granted unless either party
to the marriage has been domiciled or has been
physically present in the State for a continuous
period of at least six months prior to filing
for the divorce.
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Anyone
in the military service residing on any military
or federal base, installation, or reservation
within the State or who may be present in the
State under military orders will not be prohibited
the above mentioned requirements.
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