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Divorce

Kleintop & Luria, LLP provides exceptional legal representation in a range of divorce matters.  The firm’s attorneys are highly experienced in handing divorce cases ranging from simple, uncontested matters to extremely complex cases involving extensive assets and complicated child custody issues.  At Kleintop & Luria,  the firm’s lawyers understand that going through a divorce can be a difficult, stressful experience, and as a result, work diligently and tirelessly to protect their clients’ interests.

Eligibility Requirements for Divorce in Hawaii

To petition for a divorce in Hawaii, Hawaii’s laws require that the individual must have lived in Hawaii for six months before petitioning for the divorce.  This requirement applies to military personnel stationed in Hawaii and to individuals who are legal residents of another state or country.

Circumstances for Divorce

According to Hawaii Revised Statutes Section 580-41, the Hawaii family court has the authority to issue a divorce under any one of the following circumstances:

  • The marriage is permanently broken;
  • The parties have lived separately under a decree of separation, the term of separation has ended, and the parties have not reconciled;
  • The parties have lived separately for two years or more under a decree of separate maintenance, and the parties have not reconciled;
  • The parties, preceding the application for divorce, have lived separately for two years or more, and the parties were not reasonably likely to resume cohabitation.  The court must also be satisfied that it would not be harsh, oppressive, or against the public interest to grant the petitioner’s application for divorce.

Duration of Divorce Proceedings

If the divorce is uncontested and the parties are not disputing any of the issues, uncontested divorces proceed more expeditiously than those that are contested.  When there are contentious or disputed issues, such as child custody issues or issues regarding the division of assets, the process will likely take longer.  Typically, however, even in uncontested divorces, divorce proceedings can generally last for up to several months.  For further information, please visit the Judiciary of the State of Hawaii’s site that has additional information about obtaining a divorce in Hawaii.

Property Division

Hawaii is an equitable distribution state, which means that when the parties cannot reach a settlement, the court will divide the assets in an “equitable” fashion, which does not necessarily mean “equal,” but rather means “fairly.”  The types of disputed issues that may arise between the parties include the following:

  • Division of assets and debts
  • Child custody
  • Child support
  • Alimony

The attorneys at Kleintop & Luria, LLP have over 100 years of combined litigation experience in family law.  Using a collaborative approach, the attorneys are able to pool their wealth of knowledge and experience to provide each client with the support, attention, and dependability that he or she deserves.  For qualified, experienced family lawyers, contact Kleintop & Luria, LLP today for assistance.

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