Divorce

Based in Honolulu, the Law Offices of Mark A. Worsham assists clients throughout Hawai'i in all aspects of divorce and separation, including division of marital property; spousal support, also known as alimony; and child support, custody, visitation, and relocation matters.

Divorce

Under Hawai'i Statutes Section 580-41, the family court will grant a divorce if it finds that the marriage is irretrievably broken, or in some cases where the parties have lived apart for two years or more. A joint application for divorce is not required; only one spouse need apply.

Division of Marital Property

Under Hawai'i Statutes Section 580-47, after granting a divorce, the court may make "fair and equitable" orders for the division of marital property. In making these orders, the court will take the following factors into consideration:

• the respective merits of the parties;
• the relative abilities of the parties;
• the condition in which each party will be left by the divorce;
• the burdens imposed upon either party for the benefit of the children of the parties; and,
• all other circumstances of the case.

Spousal Support

The court may order spousal support, also known as alimony, to be paid indefinitely or for a period of time sufficient to allow the party seeking support to secure adequate training or education to qualify for appropriate employment. In determining the amount of support and the period of time for which it will be ordered, the court will look at the division of marital property factors (listed above) as well as the following:

• financial resources of the parties;
• ability of the party seeking support and maintenance to meet his or her needs independently;
• duration of the marriage;
• standard of living established during the marriage;
• age of the parties;
• physical and emotional condition of the parties;
• usual occupation of the parties during the marriage;
• vocational skills and employability of the party seeking support and maintenance;
• needs of the parties;
• custodial and child support responsibilities;
• ability of the party from whom support and maintenance is sought to meet his or her own needs while meeting the needs of the party seeking support and maintenance;
• other factors which measure the financial condition in which the parties will be left as the result of the action under which the determination of maintenance is made; and
• probable duration of the need of the party seeking support and maintenance.

Child Custody and Support

At the Law Offices of Mark A. Worsham, our divorce representation includes assistance with the full range of custody, support, and visitation issues, including post-judgment modifications. To learn more about our work in this area, visit the child custody and support overview.

Seek Advice from Experienced and Caring Family Law Counsel

We understand that going through a divorce is often among the most painful experiences a person must endure, and are committed to providing legal representation that is both compassionate and realistic. We are approachable and reliable, able to travel, and available for appointments at flexible hours. To schedule a free initial consultation with an experienced divorce lawyer, contact the Law Offices of Mark A. Worsham today.