Military Divorce

Hawaii Military Divorce Lawyer

Specific laws and regulations apply to a military divorce for military service members. If you are a service member in Oahu or elsewhere in Hawaii or the Pacific Rim and you need to obtain a military divorce, you should contact the Hawaii military divorce attorney at the firm to discuss your case in a confidential consultation. Christopher Thomas has been a USAF JAG attorney for over 10 years as well as an experienced Hawaii civilian divorce attorney, fully trained in divorce mediation and well-versed in all of the legal aspects of divorce, including child custody and visitation, child support, spousal support, and the division of marital property.

Under specific laws, Active Duty service members are protected against default divorces occurring due to the fact that the service member was unable to respond to the divorce action. This protects military service personnel from being divorced without their knowledge. The law which applies to this is the Soldiers and Sailors Civil Relief Act which provides that a divorce proceeding may be postponed when an active service member is on duty and for up to 60 days thereafter. If the active service member wishes to complete the divorce, he or she can waive the postponement.

In order for a Hawaii 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.

The grounds for a military divorce in Hawaii 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.  In Hawaii, 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. To find out more about how state and federal laws will affect your military divorce, you should consult with the Hawaii military divorce lawyer at the firm about the specific facts of your situation.

Contact the Hawaii Military Divorce Attorney at the firm today if you are contemplating a military divorce in Oahu or the state of Hawaii.