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In some states, legal separation is indefinite, but in Hawaii, couples can only stay legally separated for two years. By the end of the second year, the couple must decide to reconcile or file for divorce. However, either spouse can file for divorce at any time during the separation.
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.
The Court will divide marital assets and debts based on equity, or fairness, not necessary equally, although in most cases the Court decides that it is equitable to divide all marital assets and debts equally.
If you and your spouse can agree on everything such as child custody & visitation, how the bills and money are divided up, and how to divide retirement benefits, then you can get an ?uncontested divorce.? This generally takes about two (2) months to finalize after you have completed the paperwork.
How to Write a Divorce Agreement Date of the agreement. Full name of both spouses. Marriage date and location. Date of marriage end. Child support and custody arrangements. Spousal support terms and conditions. Life and health insurance. Division of spousal assets and property.
In Hawaii, the court will approve a statutory legal separation period of about two years based on documents that outline a separation agreement. At the end of this time, however, you must then finalize things either by formally ending the marriage or repairing it.
It usually takes six to ten weeks after an Uncontested Divorce by Affidavit packet is submitted for judge's review, for the divorce to be final. The divorce is effective after the Divorce Decree has been approved and signed by the judge and the Divorce Decree has been filed-stamped by the court.
Hawaii is not a community property state, which means the judge will decide how property is divided on the basis of the skills and employability of each spouse, any special medical (or other financial) needs, and the value of unpaid work such as raising children and maintaining the home, for instance.