This document contains the legal details of your request for the court to dissolve your marriage. It asks for the dissolution of your marriage as well as all other relief needed, such as spousal and child support.
Hawaii Complaint for Divorce with or without children
State:
Hawaii
Control #:
HI-801D
Format:
Word;
PDF;
Rich Text
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How to fill out Hawaii Complaint For Divorce With Or Without Children?
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FAQ
How long does a divorce take in Hawaii? Once the divorce paperwork has been filed in court, it usually takes 30 to 90 days for a divorce to be final. The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Decree of Divorce.
If a child is of sufficient age and capacity to reason (age 14), the court may take into consideration the child's wishes. A child will not testify in a custody proceeding or be asked to choose between parents.
In the state of Hawaii, following divorce the court may grant maintenance payments to either spouse for a limited or indefinite amount of time after the order has been made. This maintenance is otherwise known as alimony. Alimony payments are dependent on several factors.
In order to file for divorce in Hawaii, the person filing must be a resident of Hawaii for at least three months before filing, and either you or your spouse must be a resident for at least six months before a final judgment can be entered. The most simple procedure is for an uncontested divorce.
Hawaii is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case.Factors such as one spouse's economic misconduct may also be considered.
The best interests of the child standard is common practice in most states across the country, and Hawaii is no exception.Under state law, there is no preference for custody toward the mother or the father, so both parents have an equal right to custody and time with the child.
Hawaii sees an unmarried father and mother as having equal custody rights over a child. However, paternity must be established for the father to have a legal right to child custody.
In Hawai`i, all divorces are filed with the Family Court . You can get a divorce even if your spouse does not want a divorce. 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.
There are no laws preventing the mother - or the father if they have primary custody - from moving out of state if the parents are unmarried.