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 Hawaii courts divorce papers. The information below may help to understand more about the divorce in Hawaii. onlinedivorce.com provides quick and inexpensive services of online divorce in Hawaii.
The key conditions to get a divorce in Hawaii are:

1

The main condition for obtaining a divorce in Hawaii is the fact that the 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

The grounds for divorce must be pointed out. The law of Hawaii recognizes the no-fault reasons.

4

If the parties can agree on all the key points of the divorce (child custody, the amount of financial support, the amount of alimony, the division of common property) such a divorce is considered to be uncontested. It usually takes less time and money because there is no need to held a number of court trials. If the parties don't agree on at least one question, then the divorce will be called contested and the court decides on all the disputes after the court battle.

5

The appropriate Hawaii divorce papers must be filled out and submitted to the court. Online Divorce may help with preparing all the necessary documents that correspond to the particular divorce case.

6

The copies of the divorce paperwork should be delivered to the non-filing spouse (Defendant) by one of the officially-allowed methods.

Residency:

To be eligible to file for divorce in Hawaii either party must be a resident of the state for at least 3 months before applying to the court. Also, one of the spouses 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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In Hawaii, divorce can be granted on the basis of only the no-fault grounds.
Neither party needs to prove the fault of the other spouse, it's enough to claim that the marriage is irretrievably broken.
Another way to show the court the intentions to terminate a marriage is to prove that the spouses haven't cohabit for more than 2 years.

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Annulment of the marriage in Hawaii

An annulment doesn't terminate the legal marriage, it cancels the marriage which is recognized void according to the state laws.
The following conditions are the grounds to annul the marriage in Hawaii:

  • Underage marriage (under 18 years);
  • If during the marriage ceremony either spouse, because of mental illness or being under the influence of any intoxicating substances could not voluntarily give a consent to marry or did not understand what was happening;
  • Impotence;
  • The marriage was committed fraudulent or forced way;
  • Incestuous marriage;
  • Bigamy.
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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.).

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

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.

So that the court could decide what property division is fair, the parties should list everything they own together or as sole property in the divorce forms or in the settlement agreement.

Divorce without a lawyer in Hawaii

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". The process of divorce in the state of Hawaii can vary from county to county.
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 may be rather convenient to initiate the Pro Se Divorce.

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Mediation support in Hawaii

In Hawaii, if the divorcing couple has minor children the court tends to order divorce mediation.

Divorce forms in Hawaii

Divorce forms and documents which are needed for the particular divorce case vary greatly depending on numerous conditions (is the divorce is contested or not, whether there are minor children of the marriage, and so on).
The Hawaii legislature website provides all the necessary information, as well as forms for each island. Usually, the rules for obtaining a divorce vary on each island however Online Divorce may help to select the appropriate ones and to sort out how to fill them out correctly.

Uncontested divorce in Hawaii

Uncontested divorce in Hawaii

The main feature of an uncontested divorce is that the parties discussed all the key points of divorce and do not have any disagreement, they are assumed to have a common decision regarding custody of children, their financial support, alimony, and property division. So, the Hawaii divorce papers do not need to be filed to the judge, they may be submitted to the clerk, after which the court may grant a divorce. An uncontested divorce is a way to avoid litigation.

How to serve divorce papers in Hawaii

The last stage of filing for divorce in Hawaii is to serve the Defendant with the divorce paperwork. This is done in order for the Defendant to have the opportunity to object or make his corrections. Service rules may vary slightly by island, but generally, the service process must be accomplished in one of the following ways:

  • The Defendant may sign a document called "An Appearance and Waiver";
  • Personal service (handing the documents to the defendant) by a private process server or any adult who is not a party to the case;
  • By certified or registered mail, restricted delivery.

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

The total cost of a Hawaii divorce can't be predicted, due to the fact it depends on numerous individual factors. With the Online Divorce, it may contain the Hawaii court filing fees and cost of using the service of online divorce in Hawaii. This cost may vary by island.