Hawaii Divorce Laws

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Hawaii divorce laws explain the details about the guidelines and provisions for divorce in Hawaii. Though, a divorce is a private affair of a person, it is to be governed by the state laws based on the federal jurisdiction. Thus, it is necessary to know the details about the laws before applying for a dissolution of marriage in Hawaii.

The residency requirements in Hawaii is minimum six months; prior to the application of divorce. If the marriage has been registered in the state, the divorce application can be made by such spouses on the ground of having married in Hawaii. It is important to prove your physical presence in the state for the required period of time. The military members stationed at the counties in this state shall not be treated as an exception for the residency requirement, unless they are granted permission by military law.

Hawaii Divorce Laws regarding Child Support

Child support is a mandatory fee to be provided by either parents to contribute towards the development of the child. Hawaii revised statutes 580-47 and 576D-7 are observed by the Court, while determining the amount of child support. The following issues are thought upon by the Court -

• When an oblige parent, who has children in school and is physically and mentally capable of work but does not work and stays at home, then 30 or less hours of weekly payments at the minimum wage should be paid by the parent
• Due to custody, inequitable and extreme alterations must not take place in either spouse's income
• The standard of living of the child and both parents must be balanced and possibly none should be placed below poverty level
• Both the parents must be encouraged to work
• Whether the obliger parent has any other dependents
• The needs of the child whose support is being finalized
• The borrowing capacity, reasonable necessities and earning potential of both partners
• The resources, income and earnings of both partners. While calculating earnings, the following deductions may be taken into account : Taxes, social security, cost of living allowance, overtime allowance

Hawaii Divorce Laws regarding Child Custody

Child custody is one of the major issues related to divorce. If the partners do not submit an agreement stating the provisions for the parenting of minor children, the court intervenes to give a final decision. Hawaii revised statutes 571-46 are the basis of deciding child custody. The Court contemplates the following issues while finalizing child custody -

• If it is proved that family violence has been caused by one of the parents, then it is concluded that it is not in the best interests of the child and harmful to the child to be kept in joint physical custody or joint legal custody or sole custody of such a parent
• If any person's or expert's testimony is useful for the spiritual, moral, mental and physical well-being of the child, then the Court takes into account such a testimony
• The Court may need an investigation and report regarding the custody, welfare and care of a minor child for any good cause. The court may appoint an inspector to manage this work
• When a child has enough capacity and age to reason and create an intelligent preference, then the child's desires are offered reasonable importance by the Court
• The Court may award custody to the mother or the father or any person other than the parents, keeping in mind the intention of the best interests of the child. The welfare of the children is the top-most priority of the court

Alimony

Alimony, which is also called as a spousal maintenance, is the amount granted by the court for the survival of a spouse. Usually, the alimony is granted to the partner who is in comparatively in adverse financial conditions. The Court is guided by the following issues while deciding the alimony -

• Possible period of the requirement of the party requesting spousal support
• The capacity of the partner from whom alimony is expected to fulfill self and partner's requirements
• Responsibilities pertaining to child support and custody
• Requirements of the parties
• Employability and vocational skills of the partner who has requested alimony
• General occupation of the partners in marital life
• Emotional condition, physical state and age of the partners
• The standard of living enjoyed in marital life
• Period of marital life
• The capacity of the partner requesting alimony to fulfill self requirements independently
• Economical resources of both partner

Thus, this is a brief overview of the Hawaii divorce laws. The matters related to Hawaiian divorce are governed by different county courts at primary level. Later, the complicated appeals may be shifted to the state court for family law.

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