Divorce In Hawaii: Frequently Asked Questions
At Greg Ryan & Associates, our Hawaii divorce attorneys help our clients navigate the divorce process. To discuss your specific situation with an experienced divorce lawyer, please call us in Honolulu at 808-796-5613 or complete our contact form.
How is marital property divided in a Hawaii divorce?
In general, the rule of “equitable division” applies to marital property in a Hawaii divorce. “Equitable” does not necessarily mean “equal,” but the Hawaii Family Court frequently decides that an equal division is fair and equitable. IMPORTANT: If you and your spouse are in agreement about how property should be divided, the Court will usually approve the agreement. When there is disagreement, the Court will decide how assets and debts will be divided. For more on what the Court considers when dividing property, please see our asset division overview.
How can I minimize conflict in my divorce?
For many divorcing spouses, mediation is very important for minimizing conflict and, if children are involved, minimizing the negative impact on the kids. In divorce mediation, a neutral third-party — the mediator — works with both spouses to find collaborative solutions about anything from property division to child custody. The mediation process typically occurs outside of court in a location that both parties can agree upon. Because mediation happens outside of court, the spouses can avoid a painful and costly courtroom battle. Our mediation overview has more about the benefits of this type of dispute resolution.
How is spousal support determined in Hawaii?
The Hawaii Family Court may consider many factors when determining the amount and duration of spousal support. Some of the factors include:
- Each spouse’s income and assets
- How long the parties were married
- Each spouse’s age
- Whether or not the spouse seeking support can meet their financial obligations
- The material comfort established while the parties were married
- The estimated duration of the spousal support
For a longer list of factors that the Court may consider, please see our Hawaii spousal support overview.
How is military divorce different than civilian divorce?
In general, a military divorce will proceed in much the same way as a civilian divorce. However, there are rules and considerations that apply specifically to military divorces. One such rule is the so-called 10/10 Rule in military divorce. That rule relates to how military retirement benefits may be divided between divorcing spouses. There may also be unique child custody concerns due to a servicemember’s deployment or TDY. As a former Judge Advocate General in the JAG Corps, our founding attorney, Greg Ryan, can provide valuable counsel and representation in these matters.
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If you are facing divorce or other family law issues, you need an experienced and caring Hawaii divorce attorney to help you successfully navigate the complex legal process. Greg Ryan & Associates in Honolulu is an effective and compassionate law firm. For an initial consultation, please complete our contact form or call 808-796-5613.