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Hawaii
Divorce Filing Information
We provide this information
as a courtesy. This is not meant to replace legal advice.
RESIDENCY
REQUIREMENTS
The Plaintiff
must be a resident for at least 3 months prior to filing the divorce.
The divorce will not be finalized until one of the parties has been
a resident of Hawaii for six months.
The divorce
should be filed either where the Plaintiff resides or where both
parties last resided.
GROUNDS
FOR DIVORCE:
No-Fault:
Iirretrievable
breakdown of the marriage;
Lliving
separate and apart without cohabitation for 2 years and it would
not be harsh or oppressive to the defendant spouse to grant the
divorce.
LEGAL
SEPARATION:
The grounds
for legal separation in Hawaii are the same as for divorce:
No-Fault:
Iirretrievable
breakdown of the marriage;
Lliving
separate and apart without cohabitation for 2 years and it would
not be harsh or oppressive to the defendant spouse to grant the
divorce.
SIMPLIFIED
DIVORCE
If both
parties are in agreement and both parties sign the papers, a hearing
can be waived.
PROPERTY
DISTRIBUTION:
If the
parties cannot agree on property division, the court will decide
based on equitible distribution.
The parties
can agree and sign a Marital Settlement Agreement which will stipulate
how the marital property shall be divided.
CHILD
ISSUES
Parties
can agree on child custody, either sole custody or joint custody.
If the parties cannot agree, the court will decide what is in the
best interest of the minor children.
Parties
must attend a parenting class through the court.
Parties
may agree on child support. If they cannot agree on child support,
the court will decide using the Hawaii child support guidelines.
The court will calculate child support and include costs for heath
and dental insurance, child care, and extraordinary needs for the
children.
All family
law cases must be filed on state mandated forms. We use these forms
for all packages.
Order
Your Hawaii Divorce Package Now $99.94
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