Hawaii State has a restrained divorce rate of 3.9% per 1,000 of the total population. Hawaii is considered one of the liberal states in the nation.
The State court declares divorce on the basis of no-fault divorce grounds. In order to get divorced the plaintiff can file for the case and obtain divorce without proving any fault. Divorce can be easily obtained in this state.
Annulment is not a preferred choice with most people as the grounds for annulment are few and it is a complicated process.
Divorce Grounds in Hawaii
Divorce grounds of each state are different. The legal divorce grounds in Hawaii are:
Irretrievable breakdown of the marriage stands for a marital relationship’s breakdown beyond any prospect of reconciliation. You and your spouse can obtain a divorce if so is the case under this divorce ground in Hawaii.
Living Separate without Cohabitation
The court of law may order a mandatory separation before awarding divorce. After completion of this separation period, you are entitled to divorce under this divorce ground in Hawaii.
Mandatory Separation for Two Years
The court of law can also order a mandatory separation of two years in some jurisdictions. Both you and your spouse can bail out of a marriage after completion of two years separation under this divorce ground in Hawaii.
Living Separate for Two Years
If you and your spouse have been living separately for a period of two years or more (without cohabitation with mutual consent) both you and your spouse’s claim for divorce will be considered valid under this divorce ground in Hawaii.
Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Hawaii.
Hawaii Divorce Laws
Hawaii has following divorce laws:
For filing a divorce case in Hawaii, you have to meet the rigid residency requirements which are mandatory in Hawaii’s divorce laws. Otherwise the court will not consider your divorce case.
Residency Requirements in Hawaii
Hawaii Divorce laws require you to be a resident of Hawaii for atleast a period of three (3) months to file a divorce case. The court will award a final approval for divorce only when one of the spouses has been a resident of Hawaii for atleast six (6) months.
Both you and your spouse are required to file divorce in:
- Judicial district where you are residing
- Judicial district where you and your spouse lived together
Documents Required for Filing Divorce in Hawaii
To initiate and finalize a divorce case according to the Hawaii divorce laws, following documents will prove vital:
- Complaint for Divorce
- Final Divorce Decree
Distribution of Property in Hawaii
Hawaii is an ‘equitable distribution’ state. Since so is the case, the Hawaii divorce laws dictate an equal distribution of marital or community property amongst both of the spouses. Just in case you and your spouse are unable to reach an agreement, the court will follow a three step process for the distribution of the marital property:
- Establishment of the fact that the property in question is not individual property but marital property.
- Determine the value of your marital property according to the current property prices.
- Divide the property into two parts which might necessarily be equal. For division, the divorce court may take in account various factors, to make it a fair distribution.
Change of Name or Restoration of Name in Hawaii
Hawaii Divorce laws allow you to revert back to your pre-marriage name after you formally file a divorce. This applies to both spouses.
Mediation Counseling in Hawaii
If one of the spouses refuses to acknowledge a significant breakdown of marriage, Hawaii divorce laws dictate a delay of the divorce case proceedings upto sixty (60) days. The court can also ask you to go for mediation and counseling.
Alimony in Hawaii
Hawaii Divorce laws favor a permanent or temporary alimony during case proceeding if required. The court has the authority to award maintenance to both spouses for a limited or unlimited period.
Child Custody in Hawaii
Child custody (Joint or Shared) is an important component of Hawaii’s divorce laws. A request for shared or joint custody is usually granted. A child’s interests are taken in account before the court decides this matter.
Child Support in Hawaii
Hawaii’s divorce laws take in consideration merit, financial situation and other aspects of the case, before settling child support issue.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information in your state.
Hawaii Annulment Laws
Annulment in Hawaii is rare; this is because people prefer divorce over annulment due to its uncomplicated procedure. Annulment is a terminology used for declaring a marriage void. Like other states, Hawaii also has its own annulment grounds recognized by the Hawaii annulment laws:
Bigamy or Existence of a Prior Marriage
Hawaii annulment laws clearly state that both the spouses must be single at the time of a marriage. If a married person enters into another marriage without divorcing from the first spouse, the marriage will be considered bigamous.
If a person enters into restricted degrees of kinship i.e. have marital relationship with a natural parent, child, grandparent, grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive parent, adoptive child, brother, half brother sister, half sister, adopted brother, or adopted sister, the union is considered incestuous and the marriage is not recognized. Such a marriage can be annulled under Hawaii annulment laws.
According to Hawaii annulment laws, if your spouse has some kind of mental illness which is beyond cure, you can obtain annulment.
If your spouse has a physical disability which is adversely affecting your marital relationship, you can get your marriage annulled under Hawaii annulment laws.
Hawaii Divorce Laws Frequently Asked Questions
- How long do I have to live in Hawaii before I can get divorced?
Under the provisions of Hawaii divorce law you can file for divorce if you are a resident of the State for either six months or 180 days (whichever is longer).
- What if my spouse doesn’t live in Hawaii?
You can still file for divorce.
- How soon can I be rid of my marriage?
This depends on your divorce case and how soon can you and your spouse reach a divorce settlement
- What is the filing fee for divorce in Hawaii?
The filing fee for divorce in Hawaii varies from county to county.
- How do divorce attorneys in Hawaii charge?
Most of the Hawaii divorce lawyers charge their clients per hour, though there are some Hawaii divorce lawyers that are willing to negotiate a flat fee.
- How much can the divorce cost me?
At average a divorce in U.S. costs $18,000.
- Would it possible for me to represent myself in court?
Of course, you can do that. However, it is a lot better to secure the services of a seasoned Hawaii divorce lawyer.
- Can my spouse and I hire the same Hawaii divorce lawyer?
No, that is simply not a possibility since, Hawaii divorce law requires that both spouses be represented separately.
- Do common laws have legal recognition in Hawaii?
No, common laws have no legal recognition in Hawaii.
- Is Hawaii a No-Fault State?
Yes, Hawaii is a no fault State.