Military Divorce in Hawaii
There are unique issues that arise in a military divorce, as opposed to a divorce between two civilians. It is important for your Hawaii Divorce Attorney to fully understand these so he or she can actively protect your rights and interests in any issue that may arise: child custody, child support, spousal support, property division and more.
How is military divorce different?
One of the first issues that arise in a military divorce is where it should be filed. Because a service member is stationed throughout the United States and the world, the issue of where to file arises more frequently than with nonmilitary divorces. A divorce may be filed where the service member is stationed or the state that he or she is a resident of. Additionally, specific laws protect a serviceman or woman from being held in "default" for a delayed response to a divorce action. These laws are crucial in that they protect active members of the military from being divorced without even knowing it.
The grounds for a military divorce are the same as a civilian divorce, but addressing child support, spousal support, and property division may be slightly different. One important note is that spousal support and child support cannot exceed 60% of a military service member's pay. Generally speaking, child support will be calculated based off Hawaii guidelines. In regard to property division, the Uniformed Services Former Spouses' Protection Act governs what military retirement benefits may be included as marital property and divided in a divorce. Retirement benefits will not be awarded unless they have been married for at least 10 years while one spouse was on active duty.
Divorce Representation for Hawaii Military Members & Veterans
At Ohana Legal, we are committed to representing clients throughout Hawaii who are on active duty or whose spouse is on active duty, addressing the many issues that could arise in a military divorce. Ohana Legal can help you seek the most advantageous outcome to your divorce. Contact a Hawaii military divorce lawyer at our firm today.