Deciding to walk away from your marriage can be a difficult and overwhelming time. Consult a local attorney to help you navigate the filing process as they’re familiar with the state’s family and divorce laws and will ensure you’re treated fairly during the proceedings. Here’s what you need to know about filing for divorce in Hawaii if you’re starting the process.

FAQ About Filing for Divorce

What are the accepted grounds for divorce?

In the past, a spouse seeking divorce had to prove the other party was to blame for the breakdown of the marriage. This could include proof of infidelity, abuse, fraud, or irreconcilable differences. Today, all states have no-fault divorce laws, which no longer require court-approved justification to dissolve a marriage. For example, you can seek a divorce on the grounds you want to return to being single.

What procedures do I have to follow?

First, file a complaint or petition with the superior or circuit court in your state. This legal document outlines your wish to dissolve the marriage and begins the separation process. The document should include your spouse’s name and address, when and where you got married, the names of children resulting from the marriage, how long you’ve been residing in the state, and why you’re filing for divorce. A declaration should also be included, which specifies how you wish to divide assets, settle finances, and approach child-rearing. A copy of the petition will be served to your spouse.

What happens after the petition is filed?

Once your spouse is served the petition, they have a set amount of time to respond. If they disagree with your terms, you’ll work with attorneys, mediators, and the court to come to an agreement. If they don’t contest your conditions, the marriage could be dissolved faster.

How long will it take to get divorced?

Divorce law requirements in your state dictate how long it’ll take to finalize the matter. You may have to be legally separated for a certain length of time or attend a specific number of hours of counseling or mediation. There could also be an enforced waiting period between the time you file and when the court will hear the case.

If you want to put a marriage behind you, contact the Law Office of Carmen DiAmore-Siah in Honolulu, HI. With over 20 years of experience handling divorce law cases on Oahu, DiAmore-Siah and her skilled legal team will guide you through the process and represent your best interests for the most desirable outcome. Call (808) 531-2277 to schedule a consultation, or learn more about this practice’s services online.