Residency Requirements:
In order to file your divorce in a Hawaii court, at least one of the
spouses must have lived in Hawaii for the last three months. However,
a final judgment of divorce will not be granted unless one spouse has
been a resident for six months.
Legal Separation:
The spouse filing for separation must have been a resident of the
state for three months. The grounds for a separation are the same as
for divorce.
General Divorce Procedure:
Both spouses may show proof of an irretrievable breakdown of the marriage
and show this by stating so in an affidavit, or by one spouse stating
so in an affidavit and the other spouse not denying it. The court may
then waive any hearing and grant the divorce based on the affidavit
submitted.
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Grounds for Hawaii Divorce:
Hawaii recognizes no-fault and fault grounds for divorce.
These include irretrievable breakdown of the
marriage; and living separately and apart without cohabitation for
two years, and it not being harsh and oppressive to the defendant to
grant the divorce.
Mediation or Counseling:
The court may delay the proceedings for 60 days if one of the spouses
disputes that there has been irretrievable breakdown of the marriage.
Where to file for divorce:
File for divorce in the judicial district where the Plaintiff resides or
in the judicial district where the spouses last resided together.
Title of Divorce action:
Complaint for divorce.
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