Property Division in Hawaii Divorces
Division Property - Assets & Debts
A critical and often stressful aspect of divorce is the division of marital property, including the assignment of assets and debts. In Hawaii, Family Courts follow the principle of equitable division when addressing these matters. This principle starts with the assumption that all property (both assets and debts) acquired during the marriage is considered marital property and subject to division.
However, Hawaii Family Courts have the discretion to divide assets unevenly if it is necessary to achieve an equitable outcome based on the unique circumstances of each case. Therefore, having an attorney with a deep understanding of Hawaii's property division laws is essential. Such expertise ensures that your specific financial situation and circumstances are effectively presented to the court, helping to achieve a fair and equitable result in your divorce.
Facts and Circumstances That Affect Property Division:
• The parties' respective health needs and education levels.
• The parties' respective employment status and future earning potential following the divorce.
• Where are the children going to be living post-divorce.
• How long the parties were married to each other.
• Were there any bad faith actions by either party to include failing to disclose income, assets, or debts, or violating a restraining order.
• Was there any "marital waste" by either party prior to during the divorce proceedings.
To Receive Assistance with Property Division
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