Contrary to popular belief, getting a divorce in Hawaii is pretty straightforward. It does not require you to state personal matters in the presence of a judge if the spouses consider the marriage is beyond recovery. However, this does not mean everyone has a smooth divorce in Hawaii. Contested and uncontested divorce pleas are treated differently, and thus how quickly you will get a divorce depends on whether you and your spouse are on the same page.
Hawaii has an efficient divorce, alimony, and child support law system. The constitution ensures the child gets all that is due to him/her from both parents and has strict laws that safeguard the child's interest. Child support in Hawaii is one of the best in the entire country. Understanding the system and the difference between contested and uncontested divorce is the first step when considering separation from your spouse. If you have no idea about either, do not worry because we have your back. In this article, you shall learn the basics of divorce in Hawaii and the types.
Essential Points to Know about Divorce in Hawaii
A good divorce lawyer Hawaii will impress upon you all the facts you need to know, but having some basic prior knowledge will help you get the best out of your divorce. Here are some fundamental points you should know:
- You need to file for a divorce in the Family Court. Only family court handles divorces, alimony, and child care.
- Either of the spouses can file for a divorce even if the other does not agree. A divorce can be filed if the marriage seems like a failure or irretrievably broken.
- Only Hawaiian residents can file for a divorce with the Family Court. And it is mandatory for at least one of them to have been a Hawaiian resident for at least a period of six months. Military personnel who are stationed in Hawaii but living elsewhere are generally considered residents of the state. All of this can be confusing, but you can always look up a guide to family law Hawaii or speak to your attorney to understand your situation better and see if you are eligible to file for a divorce in Hawaii.
- Uncontested divorce cases are resolved earlier than contested ones. It is considered an uncontested divorce if your spouse does not have a lawyer.
- You may choose not to hire a lawyer, as several organizations help people who cannot afford lawyers. However, if you have the means, getting an attorney to get a clearer picture of your rights, options, responsibilities, and other vital aspects of the divorce is always best.
The Difference between Contested and Uncontested Divorce
Divorce involves making significant decisions regarding asset divisions, alimony, and child support. If both spouses agree unanimously on the settlement, it is an uncontested divorce and can be resolved in a few months. The parties must agree before the trial for the case to qualify as an uncontested divorce. However, most couples have conflicts about significant issues and might want their attorneys to bargain a better deal for them. Such a situation is called a contested marriage.
The disagreement could be on several issues. One may not want to get divorced or be unwilling to pay the alimony stated in the agreement. There could also be a clash over child custody and visitation. The family then resolves these issues during the trial. Both parties make the best case justifying their claims and appeal. Such divorces take more time to finalize and can be more expensive.
Proceeding with a Divorce
The first step is to fill out forms with the Family Court. You can download or procure it from the Family Court Service Center. Uncontested divorces do not require you to visit the court. All it takes is for the judge to approve the forms. Once the judge signs your Divorce Decree, you are officially divorced.
In the case of a contested divorce, trials are conducted before both parties can agree.
Things to Settle During Divorce Proceedings
- Child custody and visitation- which parent gets to live with the child and how frequently the other can visit him/her.
- Alimony and property division
- The division of debts
- The child support amount, and who is responsible for paying it.
How difficult it will be for you to get a divorce depends solely on you and your spouse. Suppose you are on the same page and agree mutually to alimony, division of assets and debts, child custody, and visitation. In that case, you will have a hassle-free and relatively quick divorce. However, in the case of a contested divorce, it may be difficult getting the divorce on your terms unless you have a great attorney. Besides hiring an attorney, you must also research; no one understands your marriage and spouse better than you.
Therefore, if you have set your foot upon a divorce, read books about divorce laws in Hawaii, child support, and custody. To get your fair share of alimony, consider buying an alimony guide Hawaii. With your research and your attorney's knowledge, you can indeed procure the best for yourself.
