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Divorce In Hawaii.

Filing for divorce in Hawaii may be a little more complex, it is the divorce court that allows for the divorce.  The divorce process of course starts to take place when one of the spouses files a complaint for divorce.  In Hawaii you must be a resident for at least six months.  You can not file for divorce if you move out of Hawaii into another state.  You must file while living there at the same residence for at least sis months.  When a complaint for divorce is filed then it becomes a petition for divorce and then is taken to the Hawaii Family Court.  The other spouse must know of the complaint for divorce. When you have a complain petition for divorce in Hawaii; there will be what has caused the divorce on the complaint petition and then the divorce court must decide if any of these are true.  So here is a list of why you can file for divorce and Hawaii and then the divorce court will make there decision based upon. 
  1. Is the marriage broken?  Is it beyond repair and must result in divorce.
  2. The spouses have lived apart or have been separated from the marriage under a decree of separation with the courts.  There is also no chance of the spouses getting along or either one wanting to save the marriage, then this will allow the divorce petition to be completed.
  3. The spouses have lived at least separate or apart under a decree of two years with the courts, and there is no chance of the spouses saving the marriage, again this will allow the petition for divorce to be completed.
  4. The spouses have lived continuously apart for two years, there is no chance at all the marriage will be saved then the application for divorce will be immediately preceded.
 Each state as we have talked abut before has its own rules that the divorce court follows.  In most states you must be a resident of the state for a certain amount of time before filing for divorce.  In Hawaii both spouses must know about the divorce when they take in the complaint for divorce, before the courts will even allow the petition to be filed. As I have said many times before a divorce is a horrible time in anyone’s life.  I believe that each spouse should know what is going on in the marriage.  Letting someone believe something else is cruel.

 

Posted: Jan 09 2008, 08:10 AM by Divorce | with no comments
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