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Even under amicable circumstances, the Hawaii divorce process can be complex. For this reason, if you have made the difficult decision to end your marriage, it’s best to consult a family law attorney before taking the next step. Failing to follow the proper filing procedure can delay your case or result in an unfavorable settlement. Here’s an overview of what you need to know to successfully obtain a divorce decree.

How to File for Divorce in Hawaii

Filing Requirements

To be eligible for divorce, you or your spouse must have been a resident of Hawaii for at least three months before filing. A complaint for divorce will need to be filed with the family law court in the county where you reside or where you and your spouse previously lived together. Once the paperwork is submitted, your spouse has to be served, and they’re given 20 days to respond to the petition. You must also provide one of the state-approved grounds for filing, like irreconcilable differences.

Uncontested Divorce

family lawIn an uncontested divorce, you and your spouse will both fully cooperate in signing the papers and agree on all the terms of the settlement. This includes issues related to the division of property, child custody and support, and alimony.

If necessary, you may attempt to work out your divorce agreement in mediation. This is where a neutral third party facilitates negotiations between the two parties to find common ground and agreeable terms. Whether you attend mediation or not, a hearing will be scheduled for you and your spouse to present your settlement to the court. If it’s accepted, a divorce decree will be issued.

Court Trial

If your divorce is contested or you’re unable to reach an agreement on certain issues, your case will go to trial. Hawaii is an equitable distribution state so that a family law judge will divide your marital assets in a manner they deem to be fair. They’ll also decide if spousal maintenance should be awarded and determine a custody arrangement if you have children together. In each of these rulings, the court will consider a variety of factors, including the history of the marriage and each party’s financial situation.

 

If you’d like help from a family law attorney, contact the skilled team at the Law Office of Carmen DiAmore-Siah in Honolulu, HI. For over 20 years, these professionals have provided Oahu clients with expert legal counsel and advice regarding pre-marital agreements, divorce, child custody, and spousal support. Call (808) 531-2277 to request a free consultation, or learn more about their family law services online.

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