A divorce can be difficult and highly emotional whether you
are seeking one yourself or if you have been served with a divorce
complaint.
No-Fault Divorce
Hawaii is a no-fault divorce state. A no-fault divorce grants a legal end to a
marriage that is no longer working, without the need to assign fault to either
spouse. It is no longer necessary to
allege adultery, abandonment or other similar objectionable behavior. No-fault divorce has become the benchmark
throughout the country and lends itself to a more civilized end to marriage.
Marital Property Division
You and your spouse may agree how to divide your jointly
owned property or you may ask a judge to divide it for you. If a judge must divide your marital property,
he or she will partition the property equitably. Equitable distribution is not the same as
equal distribution. Most of the time, a
judge will divide marital property equally but will place a priority on
apportioning it fairly.
Marital property is property that you and your spouse
received while you were married. Gifts
during the marriage, property you inherit and property you received before you
were married are not marital property.
Considering Factors
The court will consider many factors when deciding how to
distribute marital property including:
-Financial circumstances
of each spouse.
-The value
of your separately owned property.
-Amount each
spouse contributed to acquiring marital property.
-Support
for the other spouse’s education.
-Individual
debt.
-Age and
health of each spouse.
-Premarital
agreements.
There are many factors a judge will take into account when
deciding how to divide your marital property.
If you are considering a divorce, particularly in a situation that is
likely to be contested, you should contact an attorney to guide you through the
legal process and help make sure you receive your fair share of marital
property.
Click here for more information filing a divorce on Maui including a civil union divorce.
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