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Lynnae Lee & Associates
Serving all of Oahu and the neighbor Islands
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How do I start the divorce process in Hawaii?

If you have come to the conclusion that you want a divorce, it's time to start taking action to kickstart the process. Before filing for a divorce, it is wise to start learning more about the law, and especially about the state-specific laws that apply in Hawaii.

In Hawaii, filing for divorce means that all marital ties will be severed. This will also mean that assets and debts will be divided between spouses. If the divorcing couple has children, child custody, support and visitation will need to be established. Alimony, otherwise known as spousal support, may also be deemed necessary by the courts.

Can anyone choose to file for a divorce in Hawaii?

If you have recently moved to Hawaii, you will need to be a resident of Hawaii for a minimum of three months before filing for a divorce. In addition, before a final judgment can be entered by the courts, one of the divorcing spouses must have been a resident of Hawaii for at least six months. As long as these conditions are present, it is possible to divorce in Hawaii even if you were married in a different state.

What are the grounds for a divorce in Hawaii?

It is possible to file for a no-fault divorce in Hawaii. Most commonly, a spouse will file for divorce by claiming that the marriage is broken beyond repair. If a spouse does not want to file for divorce on these grounds, they can claim that the spouses have been living separately for more than two years and that there is no chance of reconciliation.

How will marital property be divided in Hawaii?

The courts will determine what is considered to be a fair and equitable distribution of assets in Hawaii, rather than just dividing assets and debts 50/50. They will consider the contribution that each spouse made to the marriage, and any financial burdens that will be in place for them in the future. The outcome of child custody arrangements may also play a significant role in asset distribution.

If you want to file for a divorce in Hawaii, you should take the time to build a divorce strategy so that you can protect your own interests.

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