Overview
The grounds for a military divorce in Hawai’i are the same as for a civilian divorce, which include an irretrievable breakdown of the marriage or a specified time period of living separate and apart.
Under the Servicemembers Civil Relief Act (SCRA), Active Duty service members are protected against default judgements in any civil action or proceeding, such as in divorce or child custody proceedings, in which they do not make an appearance. This protects military service personnel from being divorced without their knowledge.
To make sure your rights are being protected, call us today by phone at (808) 261-7710 or by email to set up a free initial interview and consultation.
In order for a Hawai’i court to have jurisdiction over the divorce, the Active Duty member must be personally served with a summons and a copy of the divorce action. If the case is uncontested, he or she does not have to be served but does have to sign and file a waiver which acknowledges the divorce action.
In Hawai’i, child support and spousal support may not be in excess of 60 percent of a military service member’s pay. Military retirement benefits for spouses in a divorce are governed by the Uniformed Services Former Spouses Protection Act (USFSPA).
Please contact us today to find out more about how state and federal laws will affect your military divorce.