Learn How to File for a Hawaii Divorce and Prepare for Court

Couples with disturbed married lives can opt to get a divorce in Hawaii. However, there are specific Hawaii divorce laws, and you need to carefully observe them in order to be granted a divorce. Before filing the divorce petition, a thorough understanding of these Hawaii divorce laws is required.

To start off, there are certain residency requirements which you have to meet before applying for divorce. You and your partner must have had the marriage domiciled in Hawaii. The laws for Hawaii divorce also state that the applicant and his/her spouse must have been residents for a minimum of six months.

The family court at Hawaii has the responsibility of hearing and settling all the Hawaii divorce cases. There are specific grounds on the basis of which a motion for divorce can be accepted. However, first of all the authorities have to be convinced that the marriage has indeed broken down irrevocably between your husband/wife and yourself.

A temporary separation decree can also be opted for, as per the Hawaii divorce regulations. In such cases, a period of up to two years is provided during which the two of you can use separate living as well as sleeping quarters. If no chances of reconciliation are observed even after this period, Hawaii divorce laws allow you and your partner to move for full divorce.

When a permanent separation is being opted for by the contesting parties, the Hawaii divorce laws also take into consideration all the relevant issues. These include the determination of alimony payment (from you to your partner, or vice versa), and allotting custody of minor children (if present) from the marriage to either you or your spouse.

In fact, child custody is an extremely important component of the entire Hawaii divorce process. If the court deems it necessary, special parenting education classes are arranged, and you and your husband/wife are supposed to attend them.

Property Distribution and Divorce

Hawaii divorce laws are such that the state ranks as one of those with equitable property-rights distribution. Your spouse and you can either come to a decision on your own as to how the assets should be divided. Alternatively, you can accept the court’s ruling in these affairs as binding.

While distributing the assets between the husband and the wife, Hawaii divorce consultants take into account the financial status of both. The potential effects of the divorce on the two of you are considered, too. The decision to allow you (or your partner) to take charge of his/her minor child is also influenced by these factors.

Alimony and Divorce

Hawaii divorce laws have specific regulations regarding the determination of alimony. The court can either direct you or your spouse to pay alimony to his/her estranged spouse for an indefinite period. Those opting for a Hawaii divorce settlement can also be directed to pay alimony for a certain, stipulated period of time. Your and your spouse’s age and the duration of your marriage are also considered by the Hawaii divorce directives.

It is advisable for you and your estranged partner to develop your familiarity with the Hawaii divorce laws. Proper observation of the divorce laws can help to complete the process in a systematic and speedy manner.