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An Agreement Incident to Divorce or AID is a supplemental document to a Decree of Divorce. This document is completely confidential and not filed with the decree and therefore not viewable in the public record.
Hawaii is an equitable division state, which means that most assets and debts acquired during the marriage are subject to division between the spouses, regardless of which spouse acquired it or whose name is on it. Exceptions include gift inheritances received during the marriage.
Agreements Incident to Divorce allow divorcing parties to enter into written agreements without the participation of a mediator or attendance of a mediation. On the other hand, mediated settlement agreements necessarily require mediation and a mediator.
In Hawaii, as long as one spouse believes that the marriage is irretrievably broken or that the marriage cannot be fixed, either spouse can file for divorce.
Uncontested divorce is when the spouses have an agreement that is set forth in a divorce decree. Contested divorce is when the spouses cannot agree on a significant issue in their divorce case and they need the assistance of third party(ies) to help them resolve this issue.