The following form is a Property Settlement and Joint Custody Agreement.
Hawaii Annulment Property Settlement and Joint Custody Agreement
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FAQ
Hawaii is not a community property state, which means the judge will decide how property is divided on the basis of the skills and employability of each spouse, any special medical (or other financial) needs, and the value of unpaid work such as raising children and maintaining the home, for instance.
Blood relations ? If you and your spouse are related (cousins or closer) even if you were aware of the blood ties before the marriage. Age ? If you or your spouse were not legally old enough to be married, which in the state of Hawaii is 18, or as young as 16 with written consent from both sets of parents.
This usually occurs when the child turns eighteen (18) years of age unless the child is attending high school or the child is under twenty-three (23) years of age and is presently enrolled as a full-time student or has been accepted into and plans to attend as a full-time student for the next semester a post-high ...
There are two types of child custody in Hawaii: physical and legal custody. "Physical custody" refers to where the child lives. A parent with physical custody lives in the same household as the child. If it serves a child's best interests, a judge may award parents shared physical, also called "joint physical custody".
If one spouse owns property before marriage, or acquires it by gift or inheritance, a court will usually treat that property as a non-marital asset and award it to the original owner in a divorce--but not always, and the judge has discretion to include that property in the division.
Is Hawaii a Mother State? Hawaii, much like other states, follows the ?best interests of the child? standard when determining child custody, which means there is no legal preference for custody towards the mother or the father.
Short of that, there is no specific age under Hawaii law at which a child can choose his custodial parent. Hawaii statutes do provide that the ?preferences? of a child of ?suitable age and discretion? should be given ?due weight and deference? by the court.
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.