Divorce is not only a difficult process; it is also one that is tasking. Despite the amount of stress and task attached to the process divorce in Hawaii, the number of couples going through it is not declining, instead, it has been on an upswing.
Divorce in Hawaii Things To Know
Divorce in Hawaii is, however, easier than divorce in some other states.
The divorce law in Hawaii provides for a process regarded as “no-fault”. Under this process, a spouse who desires to break from the marriage contract is going to be permitted once the spouse has stated that the marriage is irretrievably broken, and the divorce would be enacted.
The condition that one of the four possible grounds below is met:
- If the marriage has been broken, and there is no hope for reconciliation anymore.
- The two parties involved in the marriage have lived separate, apart and without each other, under a decree of separation from both bed and board, and the term required for separation has passed, without there being any form of reconciliation.
- The two parties have lived separate and apart for nothing less than two years in succession or more prior to the time of divorce under the decree of separate maintenance. This should be entered by any court with competent jurisdiction without there being any form of reconciliation or
- The two parties have lived separate and apart for a period of two years or more in succession immediately preceding the application for divorce such that there is no chance of them cohabiting anymore. This means that divorce is the appropriate course of action to follow.
The residency requirement for divorce in Hawai’i provides that the spouse that is requesting for divorce must have been present in Hawai’i for three months or more.
However, before a final divorce can be granted to the spouses, it is required that at least one of them has been a resident for six months. You cannot always file the complaint about a divorce in the Family Court in Hawaii.
This is because the case of the divorce might not be under the jurisdiction of the Family Court. There are several factors that help to determine if a separation case is under the jurisdiction of the court or not.
some of them are mentioned below
- One of the issues that someone in Hawaii will be worried about will be that of meeting the requirements for residency, in case such spouse is willing to move from the region they are in, in the near future, or if the spouse has just currently shifted.
- The Law for divorce in Hawaii provides that after marriage, a couple cannot be absolutely separated from the bond that tied them together during the course of their marriage. And a sanction cannot be placed on the two parties of the marriage unless they have both been domiciled.
- The law of divorce in Hawaii also states that a marriage cannot just be annulled as divorce is not valid unless the two parties involved in the marriage are physically present in the same province where the marriage is expected to be annulled. Their presence in the province should also not be for anything less than 180 days uninterrupted before the case concerning their separation is filed,
- It is also imperative that the petition concerning the separation of the couples should be documented and filed in the judicial district where the couple that is filing for the separation lives. It could also be documented and filed in the judicial area where the couples lived during the course of their marriage to each other.
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