Hawaii military families follow strict laws and guidelines for divorces. These proceedings require further steps than a standard divorce. They include provisions that protect military personnel from unfair dissolution. A military family attorney in Oahu helps these service men and women to finalize their divorces amicably.
Protection for Military Personnel
Unified Command Code 50, Section 521 protects military personnel in divorce proceedings. The service member must receive the divorce action personally. The petitioner must acquire proof of delivery. The court won’t grant the divorce based on a default judgment.
Service members who are deployed acquire a postponement for the divorce. The postponement is valid until sixty days after they return from their deployment. However, the service member may choose to waive this right on his or her own accord.
Hawaii Divorce Grounds for Military
Hawaii has three basic grounds for divorce. They are an irretrievable breakdown, legal separation, and living apart for two years. Under military laws, petitioners may use abandonment and adultery as divorce grounds.
Reviewing Article 134 in Divorce Proceedings
Article 134 enforces criminal penalties for adultery committed by a service member. The penalties begin with a dishonorable discharge. The service member loses all financial benefits. They receive a maximum of one year in a military prison.
The court requires clear evidence of infidelity. The petitioner must provide proof of infidelity to use this ground for the divorce. Evidence includes but isn’t limited to photographs, electronic communications, and telephone records.
Spousal and Child Support
The military requires service members to support their children and former spouses. However, certain provisions are utilized to determine the value of the support. Additionally, any civilian spouse found guilty of infidelity forfeits their rights to spousal support. The civilian spouse receives child support if they retain child custody.
Military divorce provisions outline how to proceed once the action is delivered. These provisions identify what percentage is needed for spousal or child support. They also identify circumstances in which criminal penalties are imposed. Divorce petitioners that are married to or are service members need a military family attorney in Oahu to help them with these proceedings. Click here to hire an attorney today.