Hawaii Divorce Forms and Papers
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To file the Hawaii divorce papers either spouse must have been a state resident for at least six (6) months. If the couple decides to file a no-fault divorce, it must be under the grounds in Statute 580-41.
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- One of the grounds for divorce must be;
- The marriage is irretrievably broken;
- The parties have lived separate and apart under a decree of separation from bed and board entered by any court of competent jurisdiction;
- The parties have lived separate and apart for a period of two years or more under a decree of separate maintenance entered by any court of competent jurisdiction; or
- The parties have lived separate and apart for a continuous period of two years or more immediately preceding the application, there is no reasonable likelihood that cohabitation will be resumed.
Instructions on How to File For Divorce
Step 1 – The first step in a no-fault situation such as this is for one partner to do the actual filing with the courts. You must first obtain the following three forms and fill them out. They are;
You then must pay a $160 fee for this filing at the Court Clerk’s Office.
Step 2 – Your spouse must be formally notified of your actions, even if he or she is, in reality aware of what you are doing. You do this by sending copies of the documents and the Appearance and Waiver; the spouse then fills in the latter, and you must then return to Court Clerk.
- If you have minor children, you and your partner must attend mandatory Parental Education Classes taught under the direction of the State. You will receive a certificate upon successful completion of the course, and you must file it.
Step 3 – Perhaps the most difficult part comes next, because you and your spouse must formally divide your assets and debts, and if minor children are involved, you must also decide the living arrangements for those children and decide on the possibility and levels of child support payments. They are the following;
After filing you will be able to schedule a court hearing date if needed.
Step 4 – The process in Hawaii is such that if the judge is satisfied with the documents and he or she sees no issues that must be resolved, in the case of an uncontested Divorce, there may be no need for a Court Hearing. Because the Judge may well simply sign the Divorce Decree and send both spouses copies, each spouse is required to supply a self-addressed, stamped envelope to facilitate the mailing. After that, your divorce will be complete.
Individual Forms
Sources
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