| STATE PROCEDURES |
| What are the grounds for filing for divorce in Hawaii? |
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A no-fault divorce can be obtained in Hawaii when the marriage is irretrievably broken.
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| What are the basic steps to getting a divorce in Hawaii? |
The basic steps for filing uncontested Hawaii divorce are as follows:- One spouse (Plaintiff) files a Complaint for Divorce and Summons with the Circuit Court Clerk. The other spouse (Defendant) signs a Waiver of Service.
- Plaintiff files a Decree along with a few other documents signed by both parties.
- The Judge reviews and signs the Decree without a hearing. Copies of the signed Decree are mailed to each spouse.
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| How much is the filing fee in Hawaii? |
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The filing fee charged by the Court is NOT included in the DivorceWriter price. The divorce filing fee in Hawaii is $215.00 (no children) or $265.00 (with children) statewide as of June 2017 although that amount is subject to change at the discretion of the state.
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| Can I change my name in Hawaii divorce proceedings? |
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Yes. A wife may resume a maiden name through divorce proceedings.
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| Where do I file my divorce papers in Hawaii? |
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Divorces are filed at the Circuit Court Clerk's office.
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| What are the Hawaii residency requirements for filing for divorce? |
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In order to file for divorce, at least one spouse must have lived in the state of Hawaii for at least six months before filing for divorce. Additionally, the spouse who files for divorce (Plaintiff) must have lived on the island within the Judicial Circuit where the divorce will be filed for at least three months before filing for divorce.
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| In which Judicial Circuit should my divorce be filed? |
The divorce should be filed in the Judicial Circuit for the island where the Plaintiff has been living or physically present for at least three (3) months before filing the divorce.- O'ahu-First Circuit
- Maui, Molokai, Lanai-Second Circuit
- Hawaii-Third Circuit
- Kauai-Fifth Circuit
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| How do I serve my spouse with the divorce papers in Hawaii? |
After you hand-deliver or mail a copy of the Complaint for Divorce and Summons to your spouse, he or she signs an Appearance and Waiver of Service, which is then filed with the Court as proof of service. Your spouse must also fill out an Income and Expense Statement, Asset and Debt Statement, as well as signing the Decree.
In the alternative, you may have a reliable adult friend or relative hand-deliver the documents to your spouse. After doing so, the friend or relative completes a Proof of Service, which is then filed with the Clerk.
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| What is considered to be the date of separation in Hawaii? |
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| CUSTODY, VISITATION, SUPPORT |
| What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines? |
In Hawaii, spouses who both want to use a child support amount that is different from the state calculation have the option to enter that information in this portion of the interview. In order to use a different support amount, the customer can do the following:- Select "no" to using the payment calculation;
- Enter the existing support amount in the space provided for the monthly payment amount; and
- Enter your reason for using an amount different from the state calculation.
Note that the information entered here, including the reason for the deviation, will be transferred to the applicable documents exactly as it is entered by the customer.
The Hawaii Child Support Guidelines formula takes into account the following: (1) the incomes of both parents, (2) costs paid for childcare to allow the custodial parent to work, and (3) medical insurance premiums to cover the subject children over and above the cost to cover the parent. The guidelines also allow a child support amount that is different from the guideline calculation when there are exceptional circumstances. Exceptional circumstances may include any of the following:- Extraordinary needs: Extraordinary medical or educational needs, or physical or emotional disabilities;
- Other support obligations: Other child support obligations that render the payor unable to pay the guidelines level of support;
- Income exceeding needs: A monthly income that results in a computation higher than the reasonable needs of the children; and/or
- Excessive support obligation: A total monthly child support obligation greater than 70% of the parent's net income from the guideline income table.
The excessive debt of either party does not usually constitute an exceptional circumstance. The court will decide whether or not to approve the deviation. DivorceWriter cannot assist you in determining the reason for a child support deviation.
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| PROPERTY AND DEBTS |
| Why do I have to complete financial disclosures in an uncontested divorce? |
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More than half of the states require one or both spouses to complete a document listing th... more
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