{"id":2727,"date":"2022-02-13T19:18:10","date_gmt":"2022-02-14T00:18:10","guid":{"rendered":"https:\/\/divorceanswers.com\/?p=2727"},"modified":"2022-07-28T10:11:33","modified_gmt":"2022-07-28T15:11:33","slug":"divorce-in-hawaii","status":"publish","type":"post","link":"https:\/\/divorceanswers.com\/divorce-in-hawaii\/","title":{"rendered":"Your Complete Guide To Getting a Divorce in Hawaii"},"content":{"rendered":"\n
What We Cover In This Article<\/strong><\/p>\n Divorce Laws<\/a> | Residency Requirements<\/a> | Grounds for Divorce<\/a> | Divorce Attorney<\/a> | Filing for Divorce<\/a> | Online Divorce<\/a> | How Long?<\/a> | Divorce Costs<\/a> | Custody<\/a> | Child Support<\/a> | Alimony<\/a> | Division of Asset<\/a> | Common-Law Marriage<\/a> | Alternatives<\/a><\/p>\n \n\n\n\n\n\n\n\n Divorce is a serious matter that affects not just your life but the lives of every member of your family. It\u2019s also much more challenging when you don\u2019t know what to expect. <\/p>\n\n\n\n In this guide, you\u2019ll learn about the laws regarding divorce in Hawaii, what to expect if you hire an attorney (or don't hire one) including considerations on things like custody, splitting assets, and some alternative options for you to consider.<\/p>\n\n\n\n While most people think of divorce as splitting from a married partner, the truth is that it\u2019s a specific legal process that needs to be followed and each state has their own divorce process and laws<\/a>. <\/p>\n\n\n\n If you don\u2019t follow the laws exactly, the state won\u2019t recognize your divorce. This can have an impact on your current assets and if you later acquire additional assets or have other significant changes in your life.<\/p>\n\n\n\n Hawaii allows both contested and uncontested divorces, with specific rules for each. The primary laws indicating when divorce is allowed are covered in Hawaii\u2019s Revised Statutes, Section 580<\/a>, which also address elements like court decrees, grounds for annulment, and property rights.<\/p>\n\n\n\n For now, the thing to remember is that while several situations allow divorce, the exact process varies based on how the parties enter it.<\/p>\n\n\n\n A contested divorce is when the two spouses in a marriage cannot agree on all matters. This is an important distinction: a divorce is contested even if the disagreement is a minor one<\/em>, such as who gets a particular item in your home. <\/p>\n\n\n\n Courts don\u2019t like minor things making a divorce contested and may urge people to resolve it and make it uncontested instead.<\/p>\n\n\n\n Otherwise, a contested divorce can range to disagreement on any number of issues, up to and including whether to divorce at all. Unsurprisingly, contested divorces typically take much longer to resolve and may involve a significant amount of mediation, discussions with lawyers, or other negotiating.<\/p>\n\n\n\n While minor issues can result in a contested divorce, this usually happens when there are disagreements on substantial concerns. Disputes over child custody plans are especially likely to trigger a contested divorce, but things like real estate ownership can also come into the picture.<\/p>\n\n\n\n A typical contested divorce involves preparing and delivering paperwork, responding to petitions, working with an attorney, going through a discovery process to gather information, participating in hearings, and going through settlement proposals. If all of this fails, the issue usually goes to court, where a judge will make the final decision.<\/p>\n\n\n\n It is<\/em> possible to appeal a judge\u2019s decisions, but appeals courts usually reject divorce appeals unless you can demonstrate that the regular court made a mistake, the ex-spouse lied about something or new information has come up that you couldn\u2019t have found out earlier.<\/p>\n\n\n\n Trials for contested divorces function similarly to many criminal trials, although it\u2019s unlikely that either party will end up going to jail or even getting punished by the court unless there\u2019s a significant problem during the trial itself.<\/p>\n\n\n\n After a discovery phase in which partners can gather information and build a case, the trial starts, and each side can present witnesses and evidence to argue their case. Divorce trials often focus on the areas of dispute, so they won\u2019t necessarily settle every detail of the separation.<\/p>\n\n\n\n Once a side presents their witnesses, the other team can cross-examine them and look for problems or inconsistencies. Afterward, the attorneys can make closing arguments. Many trials don\u2019t end with immediate judgments from the court. The more likely result is that the judge will think it over, review the law, and then eventually issue their final decrees.<\/p>\n\n\n\n Settlement proposals are suggested ways of turning a contested divorce into an uncontested one. These are often written and drafted by attorneys representing each side, who can review the proposal and make professional recommendations about whether they\u2019re fair or not. However, only the spouses can decide whether to accept or reject a proposal.<\/p>\n\n\n\n It\u2019s common for parties to have several rounds of going back-and-forth on proposals, indicating which terms they like and dislike, then proposing alternatives. Note that whatever each party proposes must otherwise conform to Hawaii\u2019s laws, so you don\u2019t have total freedom to make or reject any proposal. Attorneys can tell you if a particular offer is contrary to state law.<\/p>\n\n\n\n Settlement negotiations can take days, weeks, or even months. Most judges will allow things to continue as long as parties are making progress and will encourage both sides to find a mutually acceptable resolution to their differences. <\/p>\n\n\n\n However, judges may also cut things off if there\u2019s a time-sensitive issue like meeting the needs of a child.<\/p>\n\n\n\n Despite the urgings of courts, settlement discussions can end poorly when one or both partners outright refuse to compromise on something. Such failure is when things proceed to trials.<\/p>\n\n\n\n Uncontested divorces are usually much faster and easier to get through than a contested divorce. In these situations, both spouses agree on the terms of separation and issues such as child custody, so negotiations, settlements, and trials are unnecessary.<\/p>\n\n\n\n However, this does not<\/em> mean that a couple can set any terms they like for a divorce and that the judge must uncritically accept this. Broadly, there are three situations where a judge might reject an uncontested divorce.<\/p>\n\n\n\n The first is a procedural failure<\/strong>, which means something hasn\u2019t happened correctly during the process. One of a divorce lawyer\u2019s main jobs is avoiding this, so it\u2019s rare for this to happen if you have an attorney. Procedural failures come up more often when people try to do things themselves and end up not submitting all the correct paperwork on time.<\/p>\n\n\n\n The second case where an uncontested divorce can be contested is when something is unclear about the arrangement<\/strong>. Courts always prefer clarity in agreements. For example, if the agreement says that each partner will have the children for half the year, the court may insist on specifying which<\/em> half and how to change it later.<\/p>\n\n\n\n In most cases, solving this and proceeding with the divorce is as easy as considering the judge\u2019s questions, clarifying the answers, and resubmitting the paperwork. You could do this in a few minutes for minor issues, but larger clarifications could require more delays as the court reviews things.<\/p>\n\n\n\n Finally, a judge may intervene if the agreement is not in the best interests of children<\/strong>. If one parent is known to be violent and abusive but is allowed full custody under the terms of a divorce, the judge could decide that\u2019s unacceptable.<\/p>\n\n\n\n Denials outside of these three causes are unusual in Hawaii. A judge can deny things on other grounds, but they rarely have reason to reject agreements.<\/p>\n\n\n\n If you qualify for an uncontested divorce, using an online divorce service is a great way to save a lot of money. Keep in mind in Hawaii, divorce can cost over $20,000 <\/span>in fees if you file for divorce with an attorney.<\/p> We reviewed, rated, and ranked the best online divorce services available and our #1 choice is 3StepDivorce.<\/p> Mediation is different from settlement negotiations, so make sure you don\u2019t confuse the two.<\/p>\n\n\n\n This process focuses on helping spouses find common ground and resolve differences. It\u2019s also a voluntary process, though a judge may strongly urge that parties participate in it before heading into a more aggressive situation like settlement negotiation processes.<\/p>\n\n\n\n While the details of mediation vary depending on the mediator in question, most follow a similar outline.<\/p>\n\n\n\n After agreeing to mediation, participants need to find a mediator and decide how to do meetings. Many people either don\u2019t want to or literally cannot meet in person, so mediators may offer online video calls instead of demanding everyone show up to an office.<\/p>\n\n\n\n Once the mediation starts, the mediator will explain things to participants, settle any payment issues, and explain the overall procedures for the day. The guidelines help ensure that each participant has an opportunity to present their views fairly.<\/p>\n\n\n\n After things start, it\u2019s time to present information relevant to the topics you're discussing. Most people use mediation to settle things like division of property, alimony arrangements, child support plans, and child custody plans. The mediator may ask you to bring relevant paperwork, such as bank statements or a child\u2019s daily schedule.<\/p>\n\n\n\n Things may not resolve right away. For example, if something comes up where you need to consult an expert, that can go on a list of things to do before the next session.<\/p>\n\n\n\n At this point, mediators will usually explain any relevant laws and how a judge is likely to decide things if the matter ends up going to trial. Most people spend at least two sessions in this introductory stage.<\/p>\n\n\n\n The next part of mediation is framing the issues, which includes each party stating the outcomes they want, why they want those things, and individual elements like priorities and concerns. Once these are complete, the goal is to compare them and look for areas of common ground. This helps explain which areas need discussion and which you can settle immediately.<\/p>\n\n\n\n After finding common ground, mediation focuses on negotiating the remaining details. Coming to an agreement almost always involves some level of give-and-take, so you shouldn\u2019t expect to get everything you want. The mediator\u2019s job is to try and address each party\u2019s needs and desires, so finding acceptable trades is strongly preferable.<\/p>\n\n\n\n Assuming the mediation works and people can agree on things, the mediator will work with a lawyer and create a settlement agreement. Signing this agreement won\u2019t finalize the separation, but it does<\/em> provide the framework for an uncontested divorce.<\/p>\n\n\n\n Hawaii has two main residency requirements for anyone seeking a divorce. However, realistically, these aren\u2019t as burdensome as they may look at first. <\/p>\n\n\n\n The first requirement is that either party must live in Hawaii for at least six continuous months<\/strong>. This does not mean you can\u2019t leave Hawaii for a short vacation before your divorce, but it needs to be someone\u2019s primary and active residence for at least half a year. This is the harder of the two requirements to meet if you\u2019re looking for a quick divorce.<\/p>\n\n\n\n The second requirement is whoever files for divorce must have lived in Hawaii for at least three months preceding the filing<\/strong>. The second requirement is easier to meet, but it means you can\u2019t move to Hawaii and then immediately file for divorce just because your partner has already lived there.<\/p>\n\n\n\n However, it does<\/em> mean that if one person lives in Hawaii for half a year and the other moves in, that spouse can file for divorce as soon as the other arrives. Hawaii allows divorce even if you were married elsewhere.<\/p>\n\n\n\n Things get a little more complicated if spouses live in different states. For example, if both spouses file for divorce while living in different states, the state where the filing happened first usually<\/em> gets priority. This isn\u2019t universal, though. If one court can decide things that the other can\u2019t, and this is relevant, that can change the selection of courts.<\/p>\n\n\n\n Otherwise, as long as you meet all legal requirements for the separation, every state is obligated to recognize divorces. In short, while living in different areas can complicate a divorce, it usually doesn\u2019t stop it.<\/p>\n\n\n\n Hawaii is a no-fault divorce state, which is a critical legal distinction when you\u2019re seeking to separate from a partner.<\/p>\n\n\n\n At-fault divorces require one member of the party to provide proof that their partner has done something considered grounds for divorce in that state. The exact requirements vary by state but typically include abuse (domestic or substance) and adultery as allowable reasons.<\/p>\n\n\n\n However, Hawaii is a true No-Fault state, which means people do not need to prove their partner committed any particular wrong. Instead, all they need to do is assert that the marriage is broken, and the court will accept this at face value.<\/p>\n\n\n\n As explained in Section 580-41<\/a>, Hawaii has four grounds for divorce. People only need to meet one<\/em> of these to qualify for a divorce as long as they meet the residency requirements described above. All of these assume any rules and regulations are done by courts of competent jurisdiction (i.e., they have the authority to impose such rules).<\/p>\n\n\n\n Since Hawaii is a no-fault state, neither party must justify or explain this assertion. Instead, they only need to make it. This is easily the most common ground people give the court when asking for a divorce in Hawaii since it\u2019s faster and easier than the other options.<\/p>\n\n\n\n This decree of separation is also known as \u201clegal separation\u201d, where partners are separated financially but still legally married. <\/p>\n\n\n\n Courts can impose this decree for several reasons, but it\u2019s most common when people want to see if they can resolve their problems if given a little time and space. These decrees can last for up to two years in Hawaii, although the state will honor longer terms if imposed in a court where that\u2019s allowed.<\/p>\n\n\n\n Notably, couples cannot<\/em> file for additional matrimonial actions while this order is in force. Further, they cannot share a bed or a roof.<\/p>\n\n\n\n You do not<\/strong> have to use an attorney if you decide to get a divorce in Hawaii. <\/p>\n\n\n\n The state even has video sessions<\/a> where attorneys will explain the law and much of what people need to know about it in Hawaii. However, many people prefer using attorneys to help resolve disputes and avoid errors in paperwork.<\/p>\n\n\n\n Attorneys are more helpful in contested divorces, where each partner may want separate legal representation to provide advice and help in negotiations.<\/p>\n\n\n\n Read More:<\/strong> Divorce advice for men<\/a> or Divorce advice for women<\/a><\/p>\n\n\n\n An ideal divorce attorney is someone who is familiar with family law and divorce proceedings in Hawaii and has experience negotiating for acceptable terms in contested scenarios. Divorces are mainly procedural in Hawaii, so negotiation skills are what help attorneys specializing in this area stand out from each other.<\/p>\n\n\n\n Note that your goal with an attorney shouldn\u2019t be to \u201cwin\u201d everything you want. While some people approach divorce proceedings with that in mind, judges could reject a settlement that\u2019s too unfair to one party even if both sides agreed to it. A divorce attorney who can negotiate fair and appropriate terms is much better overall. <\/p>\n\n\n\n For example, if you are divorcing a narcissist<\/a>, they will know how to deal with them so that you won't be taken advantage of them anymore.<\/p>\n\n\n\n There are many ways to find an excellent divorce attorney. You can ask people you know for recommendations, look for reviews online, or seek a referral from an attorney you know in a different field. <\/p>\n\n\n\n Here are some crucial questions to ask divorce attorneys when you\u2019re thinking about hiring them.<\/p>\n\n\n\n An excellent divorce attorney specializes in divorce, or at least family law as a whole. Attorneys who spread into too many areas may not have the expertise in divorce law that you\u2019re looking for.<\/p>\n\n\n\n Many attorneys in Hawaii cover at least an entire island, and probably the whole state. Hawaii is small enough that this is practical for them. However, it\u2019s still important to ensure that they work in the area your court covers.<\/p>\n\n\n\n As a general rule, more experience is always better when you\u2019re dealing with divorce cases. Nobody wants to be a lawyer\u2019s first client ever, so most attorneys get experience with other agencies before moving to independent work.<\/p>\n\n\n\n Additional licenses can indicate lawyers who specialize enough to get more recognition in their field. Make sure to research each license they mention to be sure it\u2019s genuinely valuable and not just a token to display.<\/p>\n\n\n\n This question can provide a lot of insight into a lawyer\u2019s preferred style. Some are more aggressive and focus on getting great results, while others emphasize settlements and trying to get good arrangements. Make sure you hire a lawyer whose methods match what you\u2019re hoping to accomplish.<\/p>\n\n\n\n Lawyers often have several payment options, depending on how they expect the case to go.<\/p>\n\n\n\n If you\u2019re going for an uncontested divorce, lawyers often offer a flat rate for the entire thing. This is often contingent on not having additional trouble in the process, such as changing to a contested divorce, but it\u2019s an up-front way to know the cost for simpler cases. Flat rates do not<\/em> include things like court fees unless stated otherwise.<\/p>\n\n\n\n Some lawyers do not offer flat rates, and they are not mandatory. In other words, don\u2019t dismiss a lawyer just because they don\u2019t accept this payment model.<\/p>\n\n\n\n Lawyers working on contested cases usually request a retainer, which is an up-front payment for their services that they can withdraw as they work on your case. Retainers protect the attorney by ensuring they can get paid, but they\u2019re also obligated to refund anything they don\u2019t use and provide you with an explanation of their billing.<\/p>\n\n\n\n Retainers are not the entire payment for most divorce proceedings. You may need to pay several retainers throughout the process, but a good lawyer can tell you how many hours they usually end up spending and what this means in terms of their fees.<\/p>\n\n\n\n Some lawyers offer several different types of representation to clients. These can include options like consultation services where an attorney can provide legal advice and analyze documents without going as far as full representation.<\/p>\n\n\n\n These options can help you keep costs down, which is helpful if funds are a concern.<\/p>\n\n\n\n Communication is essential, especially if you can\u2019t visit the lawyer\u2019s office anytime you want. Some lawyers prefer to use phone calls, while others may use email or chat systems. Ideally, they\u2019ll offer a way of communication that you prefer to use.<\/p>\n\n\n\n An experienced lawyer can provide a realistic assessment of how your case is likely to end, including the division of property, alimony, custody agreements, and similar things. This is an important question because it helps you know what to expect. Remember that a lawyer cannot guarantee<\/em> a result in settlements or court, only tell you what they think is likely.<\/p>\n\n\n\n Most divorce attorneys in Hawaii offer free consultations. This isn\u2019t required, as such, but it\u2019s a common element of marketing and a way to help get people in the door. Initial consultations are usually 30-60 minutes and may involve either a phone call or an in-person meeting.<\/p>\n\n\n\n Always ask the attorney if the initial consultation is free or if you will be charged before scheduling your appointment.<\/p>\n\n\n\n Yes. Divorce lawyers are bound by attorney-client privilege<\/a> in your meetings with them, even if you haven\u2019t hired them yet. <\/p>\n\n\n\n There are several significant benefits to using an attorney when you\u2019re seeking a divorce.<\/p>\n\n\n\n Arguably the biggest one is that it ensures you\u2019re not alone<\/strong>. Divorce is often a stressful process, and feeling like you\u2019re alone and have to decide everything yourself can be crippling. Having an expert acting on your behalf can significantly reduce the mental burden of divorce.<\/p>\n\n\n\n Attorneys can also help ensure fairer results<\/strong>. Experienced attorneys can spot unfair or inappropriate terms in settlement offers, or even make suggestions for mediated agreements. Competent attorneys will help you protect your rights and give you objective advice on what to compromise for the best results.<\/p>\n\n\n\n Finally, attorneys can often help you save money<\/strong>. A marriage that ends on bad terms for you can be extremely<\/em> expensive, so the cost of hiring an attorney is minor in comparison.<\/p>\n\n\n\n Most people feel that using an attorney is better, but there are a few negatives to keep in mind.<\/p>\n\n\n\n First, if the hiring comes as a surprise to your spouse, they may believe that you\u2019re trying to gain an advantage or that you won\u2019t act fairly during the process. You may have to convince them of your intentions.<\/p>\n\n\n\n Second, attorneys can still be expensive, even if they ultimately end up saving you money. People who have relatively limited assets may not benefit as much, although this is rarer in Hawaii due to the high cost of living. Complicated divorces are the ones that tend to benefit the most from legal help.<\/p>\n\n\n\n Filing for divorce is the process of submitting forms and otherwise going through the legal process. Filing is separate and different from aspects like negotiations or trials and usually occurs early in the process.<\/p>\n\n\n\n Pro Tip:<\/strong> The information below is perfect for you to get an overview of the divorce filing process and also use as a guide if you will be filing for divorce on your own. However, if you are using an attorney, their team will typically be taking care of these steps as part of their proper representation of you as a client.<\/p><\/blockquote>\n\n\n\n Hawaii has numerous divorce forms<\/a>, with slight variations depending on which island you live on. It\u2019s important to use your island\u2019s paperwork, or the court may reject the documents until you submit them properly.<\/p>\n\n\n\n The forms you need to use vary based on details like whether or not you have children and whether it\u2019s contested or uncontested. You may need to fill out more than a dozen forms, including things like financial information sheets, attending classes, and providing financial information.<\/p>\n\n\n\n Completing this paperwork is often much easier if you\u2019re working with an attorney who can fill in many of them on your behalf and advise you on which forms to submit.<\/p>\n\n\n\n You may want to file additional forms at this time. For example, if one spouse is not a biological parent, they may want to request an adoption as part of the divorce to maintain some rights for the future.<\/p>\n\n\n\n Attorneys can provide advice on which forms are relevant to your situation. Do not<\/em> make copies of your paperwork yet because you\u2019ll do that later.<\/p>\n\n\n\n If you want assistance with preparing your divorce forms appropriately and instructions on how to file them correctly, using an online divorce service is a great idea to save a lot of money and hassle.<\/p> We reviewed, rated, and ranked the best online divorce services available and our #1 choice is 3StepDivorce.<\/p> Filing divorce forms is the process of providing all of the initial documents to the court for your divorce. You don\u2019t need to fill in every<\/em> form when initially filing them, as some only need to be filed later in the process.<\/p>\n\n\n\n However, this is particularly important because filing forms is how you legally begin the process of divorce. You can fill out any amount of paperwork, but until you submit them to the court, nothing has happened.<\/p>\n\n\n\n In most cases, you need to file documents directly at the courthouse. If you're using an attorney, they usually take care of this for you. In most cases, you\u2019ll need to pay a fee when you file things, although you can request that the court waive the payment if you can\u2019t afford it.<\/p>\n\n\n\n Once the clerk accepts your documents, they\u2019ll put a date and time on your papers. They\u2019ll also<\/em> give you a file number for your case. Make sure you save this number because you\u2019ll need to put it on all future documents.<\/p>\n\n\n\n Make sure you get two copies of each document after the clerk stamps them. One copy is for your records, while the other is for your spouse.<\/p>\n\n\n\n Serving your spouse is another essential part of the divorce process, and you should do this as soon as possible. Serving your spouse with documents means delivering copies of the summons, the complaint, and all other documents you filed with them. Unlike some states, Hawaii requires that you serve copies stamped with your specific file number.<\/p>\n\n\n\n How this happens varies slightly, based on the form your divorce is taking.<\/p>\n\n\n\n If you\u2019re having an uncontested divorce, the spouse who isn\u2019t<\/em> filing should sign an Appearance and Waiver<\/a> document (non-kids version here<\/a>) which essentially indicates that the spouse is not contesting anything and the court should treat the case accordingly.<\/p>\n\n\n\n If you don\u2019t want to serve your spouse personally, you can hire a private service to do this for you. Some people get dedicated companies to serve papers, but anyone who\u2019s a legal adult and not part of the case can do this.<\/p>\n\n\n\n Hawaii also allows for service by mail, although you must use registered or certified mail for this and get a signature acknowledging receipt. These signatures are filed with the court.<\/p>\n\n\n\n You may need to go through a somewhat different process if you need to serve a spouse who is in the military, in jail, or difficult to locate. You can get more information on the current regulations by talking to the court clerk.<\/p>\n\n\n\n Sometimes, it can be hard to find your spouse. They might be in hiding to try and avoid a divorce, or they could have another reason for being difficult to locate. Fortunately, there is a process for this.<\/p>\n\n\n\n Generally, you must explain to the court how you attempted to find your spouse, including what information you have on their last known location. Serving a spouse you can\u2019t find typically involves publishing notifications in local newspapers, using any known email addresses, and sometimes hiring someone to investigate their location on your behalf.<\/p>\n\n\n\n How much work you have to do may vary slightly between cases, but Hawaii\u2019s courts typically expect you to make every reasonable effort to find your spouse and deliver papers. If you make that effort and still can\u2019t find them after a reasonable period, you can proceed with the case.<\/p>\n\n\n\n Courts usually give time for spouses to respond to a summons and contact the court, and they must do so. If a spouse refuses to appear before the court, the court usually enters a default judgment where the person who filed gets everything they ask for. This can have a huge impact on the final result of the divorce.<\/p>\n\n\n\n Financial disclosures are a critical part of divorces in Hawaii. Existing law requires an equitable division of property, which means fair but not<\/em> necessarily equal. Typically, spouses can keep things they owned before the marriage, then everything else gets split along lines determined to be fair in that particular case.<\/p>\n\n\n\n Note that divorce orders only affect the relationship between spouses. It does not<\/em> apply to many other bills and responsibilities, such as loans or debts taken out jointly. You may still be legally responsible for these even if your spouse refuses to pay.<\/p>\n\n\n\n Generally, you should try to divide these as part of the divorce, then contact creditors and explain the situation. You should also let them know that you are not responsible for any new<\/em> debts your ex-spouse may incur.<\/p>\n\n\n\n Online divorce is possible<\/em> in Hawaii but a little more complicated than it can appear at first. Here\u2019s what you should know about going this route for divorce in Hawaii.<\/p>\n\n\n\n Technically, you qualify for online divorce in Hawaii as long as you meet the residency requirements and are currently married.<\/p>\n\n\n\n The main thing to know about these services is that they only work for people who are pursuing an uncontested divorce. If so, using an online divorce service for guidance in filling out forms can be an effective way of completing the divorce and saving money. Most of these services have flat rates and some can provide support for complex questions if needed.<\/p>\n\n\n\n Getting an online divorce is not possible if you plan to pursue a contested divorce. So, if there are any disputes during the divorce process, online divorce will not work in Hawaii.<\/p>\n\n\n\n Unfortunately, yes. Hawaii does not have true online divorce for self-representing parties. While they do<\/em> allow e-filing of documents<\/a>, only attorneys, law firms, and individuals who have certain types of active cases can register for this service. Regular couples intending to split are trying to start<\/em> a case, so they do not qualify for electronic filing services.<\/p>\n\n\n\n The easiest way around this is by hiring an attorney to file the documents for you. Many attorneys are willing to file documents with the court for a nominal fee (often their rate plus filing costs), so you can mail them the documents.<\/p>\n\n\n\n There is another reason to avoid e-filing. Part of Hawaii\u2019s process for divorce involves stamping your documents, then making copies of the stamped originals. It\u2019s much easier to do this in person at the court, so even attorneys will usually file things in-person unless they have a compelling reason not to.<\/p>\n\n\n\n If the case is disputed and proceeds to trial, the court may accept a video call instead of an in-person appearance.<\/p>\n\n\n\nTypes of Divorce Laws in Hawaii<\/h2>\n\n\n\n
Contested Divorce<\/h3>\n\n\n\n
Pros & Cons<\/h4>\n\n\n
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Trials for Contested Divorces<\/h4>\n\n\n\n
Settlement Proposals<\/h4>\n\n\n\n
Uncontested Divorce<\/h3>\n\n\n\n
Pros & Cons<\/h4>\n\n\n
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<\/p>\t\t\t\t<\/div>\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\tVisit 3StepDivorce\t\t\t<\/a>\n\n\t\t\t\t\t\t\t\n\t\t\t\t\tRead Our Review\t\t\t\t<\/a>\n\t\t\t\t\t\t\n\n\t\t\tMediation<\/h3>\n\n\n\n
Residency Requirements in Hawaii<\/h2>\n\n\n\n
Grounds for Divorce in Hawaii<\/h2>\n\n\n\n
At Fault vs. No-Fault<\/h3>\n\n\n\n
Acceptable Grounds For Divorce<\/h3>\n\n\n\n
The first ground for divorce is asserting that the marriage is irretrievably broken. <\/h4>\n\n\n\n
The second ground for divorce is each party has lived under a decree of separation from bed and board, and the term has expired with no reconciliation<\/h4>\n\n\n\n
Using a Hawaii Divorce Attorney<\/h2>\n\n\n\n
What Makes a Good Divorce Attorney<\/h3>\n\n\n\n
How to Find a Good Divorce Attorney<\/h3>\n\n\n\n
Interview Questions for Divorce Attorneys<\/h3>\n\n\n\n
What areas of law do you work in?<\/h4>\n\n\n\n
What physical areas do you cover?<\/h4>\n\n\n\n
How much experience do you have with divorce cases?<\/h4>\n\n\n\n
What are your qualifications?<\/h4>\n\n\n\n
How do you prefer to resolve cases?<\/h4>\n\n\n\n
What are your payment expectations?<\/h4>\n\n\n\n
What types of representation can you provide?<\/h4>\n\n\n\n
How will you communicate with me?<\/h4>\n\n\n\n
What is the likely result of my situation?<\/h4>\n\n\n\n
Is the Initial Consultation Free?<\/h3>\n\n\n\n
Is the Meeting Confidential?<\/h3>\n\n\n\n
Pros of using an attorney<\/h3>\n\n\n\n
Cons of Using An Attorney<\/h3>\n\n\n\n
Filing for Divorce in Hawaii<\/h2>\n\n\n\n
Preparing Your Divorce Forms<\/h3>\n\n\n\n
<\/p>\t\t\t\t<\/div>\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\tVisit 3StepDivorce\t\t\t<\/a>\n\n\t\t\t\t\t\t\t\n\t\t\t\t\tRead Our Review\t\t\t\t<\/a>\n\t\t\t\t\t\t\n\n\t\t\tFiling Your Divorce Forms<\/h3>\n\n\n\n
Serving Your Spouse<\/h3>\n\n\n\n
What if I Can\u2019t Find My Spouse?<\/h4>\n\n\n\n
Why Responses Matter<\/h4>\n\n\n\n
Financial Disclosures<\/h3>\n\n\n\n
Online Divorce in Hawaii<\/h2>\n\n\n\n
How to Qualify for an Online Divorce in Hawaii<\/h3>\n\n\n\n
Do You Still Need to Go to Court?<\/h3>\n\n\n\n