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What should I know about filing for a divorce in Hawaii?

On Behalf of | Feb 4, 2020 | Divorce

Each state is in charge of maintaining its own laws and procedures pertaining to marriage and divorce. If you recently moved to Hawaii and wish to file for a divorce, then you need to make sure that you can do so and understand the process.

To begin with, the Hawaii State Judiciary explains that you can get a divorce in the state even if your marriage happened in another state, but you or your spouse must live in Hawaii for at least six months prior to filing. The six months must be continuous, and you must file in the court circuit for at least three months.

You do not have to file with your spouse. Your spouse does not even need to be in agreement about divorcing. As long as you feel the marriage is over and you cannot fix it, then you may file your case. You will file it with the family court in your area.

Do be aware that if you are an immigrant without a permanent resident or citizen status that a divorce may affect your ability to stay in the country. The same is true if your spouse is an immigrant. Make sure to check on immigration requirements prior to filing.

Be aware that filing for a divorce is just the first step. You will need to resolve all matters of your marriage, which may include custody of children and property division. If you and your spouse agree on all the terms, then the divorce may proceed quickly, but if there is any disagreement, it will lengthen the time your case takes.

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