How to Get a Divorce in Hawaii
Hawaiian family courts will grant a divorce application only if you and your spouse have been present in the state for a continuous period of six months or more. Divorce applications must be filed in the district in which you currently live or last lived with your spouse. If you and your spouse agree on all the terms of the divorce--including child custody and division of finances--then you a judge can approve the application without your having to appear in court.
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Instructions
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Make sure you are eligible to file for divorce. In order to file for divorce, Hawaii law stipulates that one of the following conditions must be met: your marriage must be “irretrievably broken;” you must have lived apart from your spouse under a court decree that has expired or a court decree that was issued more than two years prior; or you must have lived apart from your spouse for more than two years without “reasonable likelihood” of reconciliation (for this condition, the granting of a divorce must also not be contrary to the public interest).
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Determine if you and your spouse agree on the conditions of your divorce. In order to file for an uncontested divorce, you and your spouse must agree on who will assume custody of your children, how your assets will be split and whether child support will be paid.
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Consider hiring an attorney. The Hawaii State Judiciary recommends the use of an attorney in certain divorce cases and points out that “If your divorce is very complicated, there may not be forms for everything you need to do, and you will have to create the document yourself.”
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File divorce forms at your nearest family court. The forms you are required to submit and the fees associated with the process vary based on the island on which you live. But you can always find the required forms on the official website of the Hawaii State Judiciary, or at your local family court.
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Appear in court, or have an attorney do so on your behalf, if you are summoned. If your application for an uncontested divorce is approved, it is possible a court appearance will not be necessary. In all other cases, though, a court appearance will be needed to settle the disputed claims in the divorce.
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References
- Photo Credit man and woman divorced image by Ivonne Wierink from Fotolia.com
