Divorce Guide

Divorce Guide

Getting a Divorce in Hawaii

Getting a divorce in Hawaii requires the couple to deal with the family law and separation issues taking place in the state. They are mostly handled through the family court. The divorce act is the law made by Hawaii Parliament which is equally administered across all the territories. It states that the family court will deal with all the divorce cases, as per the Hawaii law.

If you decide to file for divorce in Hawaii, make sure you fulfill all the residential requirements and grounds that are applicable by Hawaii law. As per the law, at least one of the spouses should have lived in the Hawaii state for at least six months before filing the petition. Only one spouse must have lived in the circuit where divorce will be filed for at least 3 months under the divorce law of Hawaii.

Hawaii deals with no fault divorce. The parties must have lived separately for the period of two years or more under the decree of separate maintenance. Other grounds like cruelty, adultery, metal heath problems are also acceptable for filing the divorce.

Process of Filing Divorce

  • You need to fulfill all the grounds and residential requirements that are legally acceptable by court.
  • Appoint the lawyer who can advice you in your case. It is an advantage to have a lawyer who can understand all the related issues and laws.
  • You have to file the divorce papers to the judicial district court where you stay. You can get the divorce forms at Hawaii state judiciary website. Note that each island has a separate form.
  • Pay the necessary filing fee to the Hawaii state judiciary. If children are not present in the issues, the fee is $175.
  • Hawaii state judiciary conducts the divorce law seminars; attending those seminars can guide you well in your divorce case. You can clear your doubts related to the issues for which you are filing the divorce. Attend the court hearing and get the decree, after which divorce is granted by the court.

Documents Required for Filing Divorce

The person should have a complaint for divorce which is known as a divorce petition. There are few other documents required to finalize the divorce as per Hawaii law, which includes matrimonial action sheet, marital settlement agreement, income and expense statement and appearance and waiver document.

It deals with issues related to family law that includes child support, child custody, alimony, property division and debt issues. Hawaii is referred as the equitable distribution state; hence the court will divide the property evenly, based on all the facts and evidences. Division will be as follows:

The court will classify the property and debt that is considered marital; the court will then assign the monetary value on the marital property and will distribute the assets between the parties in an equitable and fair way.

The best way of getting a divorce in Hawaii is to have all the information before the proceedings. The state has different laws, so it is advisable to check your individual laws and restrictions of the state.

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