Divorce papers in Hawaii — filing for divorce in HI

Online divorce in Hawaii

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How to get divorce in Hawaii

Online Divorce provides qualitative and approved by the court Hawaii divorce papers. The information below will help you understand more about the divorce in Hawaii. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in Hawaii. We guarantee that in a short time you will receive the correct Hawaii divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.

Below you can find common steps of how to get divorce in Hawaii:

1

As for the rest of the states, the main condition for obtaining a divorce in Hawaii is the fact that your marriage is valid. This means that the marriage ceremony was held in accordance with all the laws of the state.

2

The plaintiff (the spouse who applies for divorce) must be a resident of the state. Similarly, one of the spouses is required to reside in the state for 6 months, until the court provides a divorce.

3

You must have grounds for divorce. The law of Hawaii recognizes the no-fault reasons. This is quite simple, since you do not have to prove to the court that your spouse is guilty in breaking the marriage relations and taking out all the dirty laundry for the court review.

4

It is very good if you and your spouse agree on all the key points of your divorce, such as custody of children, the amount of financial support, the amount of alimony and the period of their payment, as well as the division of common property. In that case, your divorce will be called uncontested and will be granted much faster. If you do not agree on at least one question, then the divorce will be called contested and you will have to go through a series of hearings so that the court can decide on your disputes.

5

Filling out Hawaii divorce papers is one of the most crucial steps in the process of preparing for a divorce. You need to choose exactly the forms that correspond to the type of your divorce, as well as the rules of the island where you file a claim. Note that if you make mistakes in filling out or submit incorrect divorce form documents, the court will reject them. So you will need to start all over again and pay the fee again. Many couples have found Online Divorce as a very comfortable service in form preparation. Our services are ready to provide you with all the necessary papers in the shortest possible time. We give a 100% guarantee that the Hawaii divorce papers filled through the Online Divorce will be approved by the court. You do not need to waste time and nerves on the study of legal nuances. Just answer a few questions about your marriage, and Onlinedivorce.com will do the rest for you. Online Divorce is a simple and convenient way to quickly get all the necessary divorce form documents that meets the state's requirements.

6

After the Hawaii divorce papers are ready you must file them in court. This is the last step. The law of the state also requires that a copy of the documents must be provided to the spouse so that he or she can read them and file a complaint before the divorce proceedings begin.

Residency:

If you are applying for divorce in Hawaii, then you must be a resident of the state, in other words, live in the state for at least 3 months before applying to the court. Also one of the suppers should live in the state for at least 6 months before the divorce is granted.

Servicemen who are residents of other states, but who are serving or staying on a military base in the state of Hawaii for the next 3 months also have the right to file for divorce.

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Valid grounds to get divorce in Hawaii

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Unlike most states, a divorce in Hawaii is granted on the basis of a no-fault reasons.

This means that you do not need to prove the fault of your spouse, which led to a break in the relationship. Enough to say that your marriage is irretrievably broken.

Another way to show the court the intentions to terminate a marriage is to prove that you lived with the spouse separately without cohabitation for more than 2 years.

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Annulment of the marriage in Hawaii

One type of divorce in Hawaii is annulment. This kind of divorce is related to marriages, which never existed. It is understood that these are marriages that have no legal force, that is, they were concluded with violations of state conditions. There are limited requirements for the reason for cancellation of marriage. Thus, you can cancel the marriage for the following reasons:

  • You or your spouse at the time of marriage did not reach the legal age for marriage (18 years), and from the time of the marriage ceremony and during the time while underage spouse didn’t yet reach the age of 18, the couple did not have sexual intercourse;
  • If during the marriage ceremony you or your spouse, because of mental illness or being under the influence of any intoxicating substances (for example, alcohol intoxication), could not voluntarily give a consent to marry or did not understand what is happening;
  • If one of the spouses is terminally ill with impotence;
  • If the marriage was committed fraudulent or forced way;
  • If you or your spouse are too close to each other, for example, the parent and the child or the grandparent and the grandchild or the brother and sister, etc;
  • Bigamy. You or your spouse at the time of entering into the marriage were already married, while the previous marriage was not terminated;

It is generally considered that annulment is a simpler type of divorce in Hawaii. However, this is not quite true. Pay attention, despite the reason why you want to cancel the marriage, you will need to provide evidence to the court that your marriage is invalid. In spite of the fact that the marriage subject to annulment has no legal force, nevertheless, people who want to file a claim for annulment need to fill in various divorce from documents. Filling out a Hawaii divorce papers is sometimes difficult enough, especially if the plaintiff does not have a legal background. However, do not worry, you can use the services of Online Divorce. Using our service, you can be sure in the correctness of your Hawaii divorce papers, as well as in the fact that we will prepare them for you as soon as possible.

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Custody of the child in Hawaii

Custody of the child

When the court begins to examine the issue of guardianship, it is guided by the best interests of the child. So to determine who is more suitable for raising a child the court needs to analyze the amount of circumstances that take place to be in the family.

These include:

  • The wishes of the child.
  • The conformity of the parents.
  • Financial condition of each spouse.
  • The desire of parents to be a guardian and their reputation.
  • Age, health, sex of the child, as well as the mental and physical parameters of the parents.
  • The ability of parents to communicate with each other and overcome disagreements when deciding on the upbringing of a child.
  • Employment of parents.
  • Any other circumstances that the court determines important.

Rules for child support in Hawaii

Under state law, both parents are required to provide financial support to their minor children born in wedlock. However, a spouse who does not have the right to guardianship pays more, since it is implied that the spouse who has the care to spend money on raising a child.

The amount of child support depends on the number of underage children in the family, as well as on the income of both parents and the needs of the child.

The income of the parent, used to anticipate the amount of support, is calculated on the basis of gross and net income. Gross income is a regular income from all sources (salary, bonuses, commissions, etc.).

Net income is the amount you have after paying child support, already defined child benefits, tax costs and other mandatory payments.

Thus, your Hawaii divorce papers should describe the financial situation of you and your spouse. If the spouse intentionally preempts the amount of his or her income in court to pay less, then this is crooked by negative consequences, since the court has all the necessary possibilities to reveal the true income of each spouse. Therefore, it is very important to write in the correct figures in your divorce form documents to avoid problems during litigation.

The child's financial support is aimed to meet his or her needs, including the costs of medical care and education and governed by guidelines. In some situations, the amount of support can be changed, for example, if the parent's income is $ 22000, and the amount of support according to the rules was $ 5000, while the child needs is $ 2000, the paying parent has the right to file a petition with the court for a change the amount of financial support.

Uncontested Hawaii divorce with children
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Rules for spousal support in Hawaii

Rules for spousal support

Spousal support is also called alimony. During a divorce in Hawaii, as in many states, a court may order one of the spouses to pay the second a certain amount of money that covers court expenses.

According to the rules of the state, the following types of spousal support exist:

  • Permanent - alimony, which are rare enough to be assigned as support to a spouse who has very poor prospects for employment;
  • Temporary - alimony, which is paid after the grant of divorce for a certain period of time, so that the receiving spouse had the opportunity to receive education or skills that will help him or her with employment.
  • State law allows the spouse to deviate from the court decision on child support, if both spouses agree with this.

The amount of financial support and type of alimony is affected by the following factors:

  • Professional skills of each party and job placement.
  • The standard of living of a family that was habitual during marriage.
  • The duration of the marriage.
  • Age of each spouse, level of health and emotional state.
  • Presence of guardianship.
  • Other factors that the court may consider important.
  • Note that when divorced in Hawaii there is no fixed formula for calculating alimony, here the court has much freedom.

Property division in Hawaii

Property division

With a divorce in Hawaii, one of the processes that you need to go through is the section of common property that was acquired in the marriage. State law adheres to the rule of equitable distribution, while the division of property also includes the section of pension benefits and payments.

Initially, the court implies that both spouses were equally invested in the acquisition of a property, regardless of the income level of each spouse. If any property goes into full possession to your spouse, then you can get compensation for it in the amount of additional alimony.

Please note that everything you own should be listed in your divorce form documents.

As you can see, the process of filling the Hawaii divorce papers is rather complicated and time-consuming. If you need help with your paperwork, you can always use the services of online divorce in Hawaii to be sure that your documents are drafted exactly as required by Hawaii law.

Divorce without a lawyer in Hawaii

If you apply for a divorce in Hawaii, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Hawaii can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.

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Mediation support in Hawaii

If you are getting a divorce in Hawaii and in your case minor children appear, then you and your spouse will have to visit mediators, as well as provide them with all information regarding your children, as well as your financial declarations.

Divorce forms in Hawaii

Divorce form documents that you have to fill out will depend on the circumstances of your divorce, as well as the islands where you decided to submit papers. Also the Hawaii divorce papers will vary depending on the type of your divorce: contested or uncontested. So, before you start filling out the papers, you should study information about the process of divorce in Hawaii. The state website provides all the necessary information, as well as forms for each island. Usually, the rules for obtaining a divorce vary on each island so it would be good to seek the help of a specialist to make sure your papers are correct. Keep in mind that if you provide incorrect forms to the court that do not correspond to your divorce type or make mistakes in your papers, then the court will reject them, which will lead to additional time and money costs.

If you feel that you are not able to fill in the Hawaii divorce papers yourself or do not want to spend a lot of money on an attorney, then onlinedivorce.com service is exactly what you need. We will select all the necessary papers that are appropriate to the circumstances and type of your divorce, and also compile them in accordance with state regulations. Thus, you can be sure that the divorce form documents filled out by our service will be 100% approved by the court. Online Divorce in Hawaii will be a convenient and cheap way for you with our help to dissolve the marriage.

Uncontested divorce in Hawaii

Uncontested divorce in Hawaii

Uncontested divorce in Hawaii is a faster and simpler way to dissolve a marriage. Its main feature is that you and your spouse discussed all the key points of divorce and do not have any disagreements. This means that both of you agree to a divorce and its cause is an unrequited basis. Also, you have a common decision regarding custody of children, their financial support, alimony and property division. If this is true, then you do not need to file Hawaii divorce papers to the judge, just leave them to the clerk, after which the court will grant a divorce. In case of an uncontested divorce, you do not need to wait for litigation and visit the court hearings in which you and your spouse will have to blame each other.

Since you and your spouse have already made all the decisions and formalized them in your papers, it will be easier for the court to grant you a divorce, as the judge will not have to investigate the circumstances of your case.

Note that for each island there are different divorce form documents that need to be filled. Therefore, before you can file documents, you should consult your clerk. If you do not want to spend a lot of time and effort preparing Hawaii divorce papers, then it makes sense to use the Online Divorce service. This is a quick and convenient way to prepare all the necessary divorce form documents that comply with the rules of the island in which you want to file a claim. With our help, you can start an online divorce in Hawaii, which is easy and cheap for you in obtaining all the necessary securities.

How to serve divorce papers in Hawaii

The last step that you need to take in the process of filing is to send copies of the Hawaii divorce papers to your spouse. The trial of your case will not begin until you provide the court with a document that your spouse has received copies of all the needed papers. The state legislature obliges the defendant (the spouse who does not file for divorce) to get acquainted with the case materials before the court begins. This is done in order for the respondent to have the opportunity to object or make his corrections. Therefore, the court will wait until you provide all the necessary divorce form documents, in other words it is called to serve the spouse.

If both spouses agree on a divorce, then you can ask your partner to sign the form "An Appearance and Waiver", this document indicates that both parties agree with the divorce and the spouse should not be served.

Otherwise, you will have to use the help of a professional serving service or ask a third party not participating in divorce to hand over the documents to your spouse. Note, the third party must be at least 18 years old.

You can also send the Hawaii divorce papers by post, after which the mail officer will give you a receipt stating that the spouse has received the documents. This receipt will need to be presented to the court.

The process of divorce in Hawaii can take at least a few months. If in the process of divorce controversial issues come up the period of litigation may drag on.

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Filing fees for divorce in Hawaii

Total fees will contain sum of Hawaii court filing fees and cost of using the service of online divorce in Hawaii. This cost may vary by county. Please check with your local court officer to determine the exact amount.