The choice to separate from your spouse is the first step in the divorce process. There are several steps you need to take to make the separation official, and if you’re wondering how to get started, use this step-by-step guide to file for divorce.

3 Steps to Take When Filing for Divorce

1. Research Local Laws

In Hawaii, you must be a state resident and have been living in the state for at least six months before filing. Since the separation will be overseen by the circuit court, you’ll have to have lived in their jurisdiction for at least three months. Additionally, discover what type of divorce your state offers. Couples in Hawaii are entitled to no-fault divorce, which means that no party is to blame, and one party must cite that the marriage is irretrievably broken to continue.

2. Find the Appropriate Forms

Many individuals and couples turn to a divorce lawyer as the requirements for filling out legal paperwork can be confusing. The forms for your circuit are readily available online through the Hawaii State Judiciary. Complete the paperwork carefully and thoughtfully to avoid mistakes that could delay the filing process. If you have children, you may need to fill out additional documents.

3. Filing & Serving the Forms

To put the divorce into motion, either you or your spouse must submit the documents to the country court. These files include, but may not be limited to, the Matrimonial Action Information Sheet, Summons to Answer Complaint, and Complaint for Divorce.

The person who files these documents must also serve a copy of them to their spouse. However, you don’t need to deliver them yourself as a process server or sheriff can deliver them. If you can’t locate your spouse, the courts may allow you to serve them by publicizing the announcement in a local newspaper. Once the spouse receives the documents, they’re required to file an answer.

Once the divorce has been filed, you and your spouse may either reach an agreement on the settlement terms and begin an uncontested divorce or go to trial to negotiate the terms. If you’d like professional help in filing or negotiating your separation, turn to the Law Offices of Brian J De Lima in Hilo, HI. With over 34 years of experience, De Lima and his team will provide thoughtful legal counsel and compassionate assistance. Visit the website for more information on his practice areas, or call (808) 969-7707 to schedule an appointment.