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Being familiar with the legal aspects of the divorce process is a huge advantage. But if you are completely unfamiliar with the state’s laws regarding divorce, things can change suddenly. Therefore, discuss everything beforehand. Think about what assets, liabilities, businesses and/or property need to be divided, whether you will need support in the form of alimony, and of course, how you are planning to address the matter of child custody.
An uncontested divorce lets you start your separation online and take all the necessary measures without much difficulty. If you opt for an uncontested divorce in Hawaii, you must find some common ground with your spouse and act in a civilized manner. This way, the process will be much smoother and it will take significantly less effort. The no-fault grounds that are required for an uncontested divorce imply that the conjugal relationship is irretrievably broken and/or the couple hasn’t been living under one roof for no less than two years. Also, there should be no possibility for a reconciliation or cohabitation renewal if you decide to get an uncontested divorce. Despite the fact that there are no predetermined fault-based grounds, if you have other reasons than those stated above to end the relationship or you cannot come to an agreement with your spouse, you might have a contested case that requires an outside expert’s assistance.
We do not encourage you to oversimplify your situation and settle for less if your case is complex. Be sure to contact a good lawyer or seek qualified assistance if you do not feel absolutely comfortable with ending your marriage on the terms that you have agreed upon with your spouse. There are many top-ranked attorneys willing to help you get a Hawaii divorce.
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Life often takes unexpected turns, and you may be considering divorce after being married for several months, years or even decades. Spouses start seeing things in different ways and no longer have any reasons to stay in the relationship. There’s a point when parting ways becomes the only reasonable choice to make. But to make it happen, you first have to overcome the last milestone, which is the divorce itself.
Divorce, in addition to taking a huge emotional toll on both parties, also requires being prepared to invest various resources like your time and energy. In the state of Hawaii, divorce can be prepared in the comfort of your own home, which is a very solid course of action if you are willing to make certain arrangements yourself.
Online divorce is a common practice, so it’s a completely reliable and legal method that’s been chosen by many couples before you. To help you feel more certain and prepared, we’ll describe the full process of getting a HI divorce as well as all you should need to know about the expected documentation, fees and other details.
The Family Court handles cases concerning marriage termination. It is where you file for divorce in Hawaii after all your paperwork is complete. But be aware that the court will hear your case only if it has appropriate jurisdiction. Thus, the necessary paperwork should be filed in the circuit where you or your spouse currently reside. On our website, you can find documents applicable for online Hawaii divorce. Before filing forms with the court, make sure that you have filled everything out correctly.
When the documents are completed and you are ready to file for divorce with the Hawaii Family Court, you must come to the court and make a request. During this process you’ll also have to pay the fee or submit a fee waiver, which will be considered by the court as well.
After filing your documents with the court, your case will receive its individual file number. From that point, this number should be put on every respective document. When accepting the divorce forms at the Hawaii court of justice, the clerk will put a stamp on the blanks indicating a particular date and time of registration. Your subsequent actions will be to specify how the copies should be served to your partner.
If you decided to get a divorce in Hawaii and forms are something that you are afraid of dealing with, we are here for you.
If spouses have come to a mutual agreement and decided to represent themselves, they still will need some online guidance to make their divorce possible.
These are the steps to take for a do-it-yourself divorce in HI:
Choose the court: In Hawaii, divorce cases are handled by the Family Court, however each island (O`ahu, Hawai`I, Kaua`I, Maui, Moloka`i and Lana`i) has its own requirements for the divorce process. Make sure you choose the right circuit and court. You should be absolutely certain that your case qualifies for being handled in a particular Hawaii court.
Meet the residency requirements: Before filing for a divorce, one or both spouses must have lived in the state for at least six months. Moreover, the plaintiff must have lived in the county where the divorce process will take place for at least three months.
Get all the forms: In Hawaii, the list of forms varies depending on the circuit court you will need to file your papers with. We can help you save time and prepare the documents for you, so you can be sure you have the right packet of divorce forms.
File papers with the court: Once all the paperwork is done, it should be filed with the court. You must submit everything by a specific date and remember to make copies. Documents must be delivered to the other party to respond properly.
If your documents are completed properly, the judge will review them and finalize your divorce.
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In this section we review three different options you can choose from when filing for divorce in Hawaii.
01 The Traditional Way
It may take a lot of time as you will need to take all these things into account:
This option is a fully guided and effortless one. You will also enjoy the following benefits:
03 Other Divorce Providers
We are not sure that you’ll get what you pay for. Many of our customers decided to order with us after other divorce providers failed to provide all the documents filled out correctly. You may face the following issues:
In the state of Hawaii, divorce papers are required from the party that is initiating the divorce, or in other words, the plaintiff. If you are the plaintiff, it will be your responsibility to prepare a Complaint for Divorce among other necessary documentation. The defendant, your spouse, has to obtain those documents by him/herself or via special services and respond accordingly. The defendant will need to sign the already filed paperwork and appear for the scheduled hearing.
Basically, Hawaii divorce papers fall into two possible categories: with common children and without. If you have minor children (including stepchildren), the process will be more complicated as there are circumstances that can influence the settlement and call for additional documentation and consideration. For example, several additional agreements should be made like who will have custody, what form of custody it will be, how child support will be calculated, and who will be paying it. No matter whether you are requesting joint custody, the court is going to calculate the amount of child support by using a specific formula and considering the earnings of both parents. The question of visitations also needs to be discussed, taking into consideration the child’s needs and interests. If both parents can come to some sort of understanding regarding how much time will be spent with each of them and how the decisions about the child’s wellbeing will be made, there is a better chance that the judge will approve the parenting plan.
Just like any other claim, arranging a divorce calls for explicit documentation. We can help you get all the necessary State of Hawaii divorce forms filled out properly and in a timely manner.
Bear in mind that in different parts of Hawaii State the divorce forms can vary, so this point must be clarified. Double check whether the local court takes your collected forms. Make sure that anything that requires to be stated and supported by specific documentation - like maintenance, equity parceling, child custody, parenting plan, and even the desire to change your name following the breakup - is discussed and taken care of, so you aren’t missing anything.
Still, if you decide to introduce some changes after reviewing the documents, you will be able to access your account and modify your information. Your divorce in Hawaii forms can be easily filled out with the help of OnlineDivorcer.com. Moreover, we will provide you with all the instructions on what to do with the papers after downloading them from our website.Check eligibility
How to get a divorce in Hawaii
Every state has a unique set of legal regulations determining the divorce process. If you decide to end your marriage, it’s important to have a general understanding of the legal procedures. Here, you will find answers to all the major divorce questions.
When it comes to divorce in Hawaii, how long does it take?
It's hard to answer this question because each case is accompanied by a unique set of circumstances. On average, the time required for divorce can be up to half a year. However, if you can reach an agreement, the trial process can be avoided. Consequently, your official break-up will be finalized within a couple of weeks. If you can’t reach a compromise in regard to common children, mutual assets, or debts, it will take much more time to settle the issues. The success of your dissolution depends on the individual goals and feelings of both partners.
How to file for divorce in Hawaii?
Regardless of the case circumstances, there are some common requirements that must be fulfilled. First, you need to specify the ground for ending your civil union. In Hawaii, the local government doesn’t want spouses to blame each other for breaking up. Instead, you should explain that there is no chance for you to carry on as a couple. Ideally, you should have lived separately for about one year. Second, you or your partner must have been living in the state for at least half a year. If you meet these requirements, you can start the divorce process.
If you manage to reach an agreement with each other on the major issues of your separation, you should complete a settlement paper along with other required documents. You will need to specify the details of your division of debts and assets, childcare, financial support, and some other aspects. When you finish the paperwork, you need to send all the documents to the local administrative bureau. There, you will be asked to pay a special service charge for processing your case. Meanwhile, your partner should receive copies of all the documents for their approval.
There is no waiting period in the state, but that doesn’t mean your official break-up will be finalized straight away. Depending on the complexity of your case, you might wait for several weeks or even several months.
To make things easier, you can use our document preparation service. We can provide you with friendly assistance in completing your paperwork.
How much does a divorce cost in Hawaii?
Speaking about a divorce rate, Hawaii is among the states with the lowest rates across the country. While the cost of divorce in Hawaii varies from one county to another, you will have to pay the filing fee of approximately $200 if you don’t have common children and $250 if you do.
The divorce packet in Hawaii includes a large number of different forms that are rather hard to collect. Failure to find a particular form might cause lots of problems and will make the overall divorce process much more complicated.
Preparing a Hawaii divorce kit is considered to be the most time-consuming part of your legal breakup.
Getting a divorce with the lawyer's help is very expensive. You will receive all documents needed, but hiring an attorney will cost you several thousands of dollars.
Tired of all this stuff? Can’t cope with loads of forms, documents, papers, and certificates? With our online service, you will get everything done – now you can get a quicker and cheaper divorce with no stress!Check eligibility
Hawaii uncontested divorce
An uncontested divorce is a procedure where the parties both agree to get a divorce and split the assets fairly. If all said and done, and there is nothing you wish to discuss, then here, in Hawaii, you can file for divorce online.
You need to be a resident of Hawaii or stay ‘in the land’ of Hawaii for no less than six months if you’re going to file a divorce in this state. The participants then represent themselves in the court. The filing fee is approximately $200 for each case. The whole process usually takes about three to eight weeks.
Uncontested divorce in Hawaii with children
If the spouses have kids, stepchildren or adopted children, the process does not get much harder. Uncontested divorce with children prerequires that parents have already sorted out things like child custody, support, times of visit, etc. It is important in this case to communicate with the child/ren first, before filing the complaint. Let them know which terms you have discussed and agreed on.
The informative program “Kids First” is aimed to help people solve various issues if the spouses have children, including providing psychological help to both parents and their kids. Contested break-ups usually separate the kid from the family, so he or she will need to choose one side or the other. You need to have open communication with your kids and your spouse so that the procedure of separation can be easily finalized.
You will have to pay an additional $50 fee if the child is involved in a legal separation. Visitations, custody, support, medical and dental insurance - those are all the matters that will have to be included in the divorce forms.
Forms for uncontested divorce in Hawaii
If you want to file a complaint by yourself, without any lawyer involvement, you can fill out the forms with the help of our web site. Uncontested divorce packet in Hawaii includes four different sets of forms:
Each island has its own forms and rules that somehow differ from one another. It is crucial to fill out the form for your island. Be aware that several additional forms are required for divorce with children.