What factors will a court consider when granting a divorce?
In Hawaii, a court will consider several factors when deciding whether or not to grant a divorce. The petitioner must first demonstrate grounds for the divorce, such as adultery, physical or emotional abuse, or irreconcilable differences. Both parties must agree to the divorce and make an out-of-court agreement about how to handle the division of marital assets and debts, and the awarding of spousal support. The court will also consider the length of the marriage, the health of both parties, and the impact that the divorce will have on minor children. The court will take into account the effects that the divorce may have on the financial well-being of both parties, any changes in lifestyle or living arrangements, and the contribution of each partner to the marriage. In cases where one partner has financially supported the other, the court will also consider the amount of support that will be required after the divorce is finalized. The court will also consider the extent of marital misconduct of either spouse, as well as any criminal convictions. The court may take into account the conduct of either party that caused the divorce, such as adultery or abuse, when determining the appropriate division of the marital assets. Lastly, the court may also consider the economic needs of both parties, such as alimony, and whether either party is able to provide for his or her own economic needs.
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