Hawaii divorce details
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Uncontested vs Contested Divorce in Hawaii
The Uncontested Divorce is the friendly way of the marriage termination. Both partners are eager to legally accomplish their relationship and begin a new life with no extra money. The Contested Divorce is a completely different event. The partners cannot reach the agreement and find the golden middle in the arguments. In such a case the court obliges the couple to visit the mediation process or to have a prolonged reconciliation period in order to finish their relations without domestic wars. First of all, the Uncontested Divorce is shorter and less money-consuming than the Contested one. During such a costly proceeding every penny is counted, so it would be illogical to waste time on additional useless things. There are other cons of the Contested Divorce that can be an obstacle in the whole divorce process. Here they are:
- The Contested Divorce is more nervous
- The Contested Divorce requires an attorney
- The Contested Divorce must involve a mediation process
- The Contested Divorce implies the public reveal of your personal deals
If you are ready to face all these troubles-the Contested Divorces are for you, if not-choose the Uncontested one and be happy.
Uncontested Divorce in Hawaii
There are several grounds for the Uncontested Divorce that you should know about:
- Both spouses are tired of the current marriage and are willing to separate
- The spouses previously had a legal separation, that was longer than 12 months
- The Adultery
- The cruelty towards any member of the family
- The incurable insanity
- The mental illness
- The cruel treatment towards one of the spouses
- The constant drunkenness
- The incest
- The excessive drinking of any member of the family (Hawaii Statutes - Title 580 - Chapters: 41)
All these and other grounds are essential for the spouses, but if the divorce is Uncontested, you cannot reveal the true grounds publicly. In the majority of cases, the couple represents themselves in the court hearing or even their dissolution can be with no trial process in general. The Uncontested Divorce is comfortable for the Superior Court as well, due to its simplicity.
Hawaii Residency Requirements to file for the divorce
In Hawaii, there are few residency requirements, but if the couple doesn’t meet them, the Superior Court can hardly help to complete the divorce process. The requirements are as follows:
- The couple should be residents of the State of Hawaii at least for six months before filing for divorce
- There is no possibility to divorce or marry the blood relatives
- The divorce should be granted to only that couple, who were registered legally, the court also doesn’t recognize the cohabitation (Hawaii Statutes - Title 580 - Chapters: 1)
The residency requirements should be met anyway, with no possibility to ignore, in case you want to complete the dissolution earlier.
How to file for an Uncontested Divorce in Hawaii
The process of filing for the Uncontested Divorce in Hawaii is rather clear and easy, so let’s clarify the main steps of this procedure.
- You have to sign the Petition for the Uncontested Divorce and grant it to the Superior Court
- You should serve your spouse with the Petition and all other documents that are needed to file with the Superior Court
- You should provide the Court with the information about:
- The debts of the family
- The marital property
- The child support
- The alimony
Sign the Divorce Agreement with your spoue
Visit the Final Hearing and get the Final Decree
The steps can vary, according to the individual case, but usually, the process corresponds to the structure given above.
Do-It-Yourself Divorce in Hawaii
In fine, the DIY Divorce is the cheapest and the most interesting way of the dissolution of marriage. The couple prepares for the court by themselves, without the attorneys or the mediators. The preparation of the documents is also conducted by the divorcing couple. This type of the divorce is a double-edged weapon. On the one hand is a rather comfortable way of finishing the legal relations, but on the other hand, you can have several troubles with the preparation of the documents or the self-representation in the court. The couple, who has no experience in such processes, is definitely entitled to have advice from the professionals, who will help to prepare the papers for the court. You can make a choice by yourself whether to apply the DIY Divorce or not, but we recommend you to be highly attentive with this proceeding.
How much does an Uncontested Divorce cost in Hawaii
The average cost of the Uncontested divorce in Hawaii is $11 800. This price includes an attorney cost, the extra expenses on the divorce process, etc. The attorneys' fee is the biggest chunk of the divorce cost, so if you decide to prepare the documents without the attorney, you will significantly economize. The approximate cost of the lawyer in Hawaii is $220, regarding the latest research. The number of the children also affects the final fee for the divorce- it is logically, that for the divorce with minor children or without children in general, you will pay less.
How Long Does It Take to Get Divorced in Hawaii
At the mean, the Uncontested Divorce lasts from 10 days to 6 months. In Hawaii, the Uncontested Divorce may be without the trial process, if both spouses have already made a common decision to terminate their marriage. It essentially shortens the time for the divorce. The Contested Divorce can be much longer. It happens due to the several liabilities that both spouses should do before their marriage will stop. In Hawaii, the Contested Divorce can last up to 12-13 months, according to the case urgency.
Papers and Documents You Need to Get a Divorce in Hawaii
There is a huge list of the papers you need to file with the Superior Court, we will cover them right now, but be attentive with their filing, because you might not need allod them for your case. It is an individual approach to the divorce procedure. Here are the documents you may likely need:
- Court Records Request Instructions 1F-P-1091
- Schedule of Fees & Costs 1C-P-856
- Circuit & Family Court Request to Access Court Records 1C-P-858
- Circuit & Family Court Request to Purchase Court Records 1C-P-827
- Request for Audio Compact Disc of Proceedings and Order 1F-P-1054
- Checklist for Uncontested Divorce 1F-P-1092
- Uncontested Divorce Without Children Instructions 1F-P-1017
- The Complaint about Divorce; Automatic Restraining Order; and Summons to Answer Complaint 1F-P-2039
- The Answer to Complaint for Divorce 1F-P-1071
- Matrimonial Action Information (Form Only) 1F-P-0821
- Appearance and Waiver (Form Only) 1F-P-332
- Proof of Service (Form Only) 1F-P-140
- Statement of Mailing Exhibits “1” and “2” (Form Only) 1F-P-738
- Income and Expense Statement (Form Only) 1F-P-081
- Asset and Debt Statement (Form Only) 1F-P-063
- Motion for Service by Mail and Declaration; Order for Service by Mail (Form Only) 1F-P-186
- Motion for Personal Service Without the State & Declaration 1-F-P-877
- Ex Parte Motion for Service by Mail and Posting in Lieu of Publication 1F-P-2004
- Affidavit of Plaintiff (for Uncontested Divorce) (Form Only) 1F-P-333
- Divorce Decree (Without Children) (Form Only) 1F-P-1056
- Notice to Attend Kids First (Form with Instructions) 1F-E-787
- Appearance and Waiver (Form Only) 1F-P-332
- Affidavit of Plaintiff (Form Only) 1F-P-333
- Divorce Decree (With Children) (Form Only) 1F-P-746
- Order/Notice To Withhold Income for Support – Instructions & Sample Order 1F-P-1087
- Order/Notice To Withhold Income for Support – Form Only 1F-P-1098
- Proposed Parenting Plan (Form Only) 1F-P-796
Notice of Intent to File a Complaint Against a Private Child Custody Evaluator (Form Only) 1F-P-2000
These and other papers you should prepare for the court, but remember that you cannot send the papers to the court by email or post.
How to serve your spouse in Hawaii
The process of serving the spouse is actually significant and requires an essential concentration. Firstly, you should prepare all the documents you need for especially your divorce case, then, you need to send them to your spouse by means of the Certified email or post. You can also conduct a hand-delivery if you want to prepare everything by yourself. You can apply the service of the Sheriff as well. It is a not so costly procedure, almost $150, but you will be sure that your spouse will be served with everything required.
Online Divorce in Hawaii
The main idea of the Online Divorce is to make the dissolution as easy as it can be. The website prepares all the documents to file with the court, takes a fee for the service, sends you your documents and your task is just to download all the papers in PDF-format and go to the Superior Court. The Whole procedure takes 1-2 days in comparison with the work of the lawyers who will prolong this process for weeks. Our service costs $149 for the dealing with your documents. No extra hidden fees, no other expenses. We offer a well-done help, so if you want to save lots of money on the preparation of the documents, you will appreciate our assistance.
Rules for child support in Hawaii
Both parents should take care of their children, so the Superior Court of Hawaii does everything possible to save the child’s wellness. If you finally get a divorce, you need to take care of the child/children equally, considering all the peculiarities of future separate living. The court calculates the percentage of the common income of both parents. If parents have troubles with health, work conditions or else, they need to provide the court with the valid and up-to-date documents that will prove their words. According to the child visitation, both parents have equal rights to visit the child if the Superior Court allows both parents to do it. There are two types of the child custody:
- The individual one
- The joint one
The individual custody stipulates that only one parent is entitled to take care of the child. The joint one requires both parents to be responsible for the children. Sometimes, the child custody can be firstly joint, but in some time it can become an individual. The court can deprive one of the parents of the parental rights. All the burning question being investigated by the Superior Court of the State of Hawaii, so be prepared to prove your rightness, if your deal is a Contested one.
Rules for spousal support in Hawaii
The spousal support or an alimony in Hawaii takes the initial value of the divorce procedure. The spouses have an equal right to take the spousal support due to the several grounds. Such as:
- The physical or mental disability of one spouse
- The marriage term
- The place of child/children living
- The health state of both spouses
- The current financial situation of both spouses
The court examines all the documents of the marital property, common debts, the tax rate of both spouses, etc, to make a right and fair decision towards both spouses, so your only duty is to serve the court with all the necessary accurate information.
Division of property in Hawaii
The property division is a highly interesting process because it implies both spouses to share their property rather equally. Here are several issues that can influence the property division proceeding:
- The term of living in the legal marriage
- The possibility to earn of each spouse
- The education of both spouses
- The income of both spouses
- The health state of each spouse
- Debts, tax rate and separate property of both spouses
The Superior Court investigates all the papers and, if necessary, asks independent experts to evaluate the things seem to be rather costly. All in all, the Court conducts an honest judgment, according to the property division in Hawaii.
Divorce Mediation in Hawaii
The mediation process is arranged by the court to make an attempt to convert the Contested case to the Uncontested one. The spouses should visit such an event in order to discuss all the disputable questions together with the help of the third party-the mediator. The mediation can take place several times until the couple finally reaches the agreement. The Mediators assists them to find the best solution in the current situation, so the process seems to be rather important for the whole divorce procedure. The Contested Divorce will not take place without the Mediation process.
How to divorce a missing spouse in Hawaii
In Hawaii, you have to conduct such actions in order to find your missing spouse. Here they are:
- Search for your missing spouse where you can
- Search for the relatives and friends of your missing spouse
- Search for the phone number of your missing spouse or his/her friends or requirements
- Phone the police officer in your county about your spouse absence
- Search for the last job disposition of your missing spouse and try to find any information there
If finally, there is no information about your spouse available, you need to inform the Superior Court of this situation and ask for the help. Anyway, you will have a divorce even without your missing spouse.
The Default Divorce in Hawaii
The Divorce by Default is the dissolution of the current marriage when one of the spouses disagrees to get a divorce and sign the necessary documents. According to the Hawaii legislation, a marriage is terminated when the court stipulates a Final Judgment. In Hawaii, the Default Divorce involves a waiting period, on average 6 months before the case will be completed. The Grounds for the Default Divorce are the same as for the No-Fault one. Here are some of them:
- The impracticable absence of the spouse for the term of at least 1 year
- The extraordinary violence or cruelty
- The deceitful contract
- The absence of must-have duties
- The excessive drinking
- The imprisonment of each spouse in a state or federal correctional institution at the same time of filling out the Petition
- The Culture/Religion/Disease issues
- The Criminal Conviction
- The Financial Backing
The Petitioner must prove his/her rightness and provide the court with all the evidence. In the State of Hawaii, the approximate cost of the Default Divorce is $15000.
Default vs No-Fault Divorce
As we have already discussed both processes, we should just draw your attention one more time to the differences between these two divorce proceedings. Study them well before making the final decision.
How can I get a Default Divorce Hearing in Hawaii
To have the Default divorce hearing in the State of Hawaii, you have to notify your spouse about your plans for the divorce. In general, you should inform your spouse of the court hearing 10 days in advance. If your spouse proves that he/she failed to get the documents, the judge can stipulate one more hearing, that will take some extra time. With all the documents, you should go to the court with/without your spouse. The Superior Court will also schedule your hearing in advance.
Annulment of the marriage in Hawaii
In Hawaii, the annulment has the same rights as a divorce process. It takes place more rarely but still is considered to be the important process. Hawaii Superior Court divides a couple’s joint property and debts when they agree with an annulment process.
The grounds for the annulment may be as follows:
- One spouse was mentally ill at the time of the marriage registration
- One spouse was not 18 years old at the time of the marriage
- The marriage was a fraud
- The marriage is between people of the same gender
- The spouses are close blood relatives
All the grounds for the annulment are valid, and the court makes a final decision about the terminated marriage case.
Legal Separation in Hawaii
In Hawaii, a legal separation includes a process that is rather similar to the divorce. A couple file with the Family Court and attaches a packet of documents, necessary for the legal separation. The legal separation process can be as fast as few months and as long as 1 year. If the spouses got an agreement, the legal separation is entitled immediately, as soon as the papers are ready.
The Same-Sex Divorce in Hawaii
In Hawaii, the same-sex couple has the same rights as any other couple, as long as they satisfy the criteria of legal divorce procedure. All the residency requirements and main structure are the same.
Military Divorce in Hawaii
To divorce a military spouse in Hawaii, you need to be totally aware of the disposition of your spouse. If you are not so sure, you need to check this information and only after this event you should send him/her the documents to sign. You can use the same structure of serving your spouse with the papers as the usual Petitioner. Besides, you can ask your spouse’s address at his/her commander or any other military body who can share this information with you. All other deals are the same as the general divorce process.
How to divorce a spouse in a jail in Hawaii
To divorce a spouse who is in a jail, you need to send him/her the documents by the Certified email or the post, moreover, you can try to send the documents with the Sheriff. The proceeding is extremely similar to that one, as we discussed earlier in our article. You should give the forms to your spouse by yourself to be sure in the 100% delivery result. It is just your personal choice.
Divorce filing fee
Court filing fees are in addition to the cost of using DivorceFiller.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
Can a filing fee be waived?
In Hawaii, the fee for the divorce can be waived.
You should get a Sheet on Waiver of the Superior Court Fees, fill out all the papers, online or by yourself, sign the Request to Waive Court Fees under penalty, and then get the Forms required at the Hawaii Superior Court. The Court will reject or approve you Waiver Sheet, it depends on the case. You should attach all the needed documents to prove your disability to pay for the divorce. Anyway, the court will think over your case for some period of time.
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