How to Get a No-Fault Divorce in Hawaii: State Requirements and Documents

Do you want to know how to apply for divorce in Hawaii?

The state of Hawaii allows for no-fault divorces, which means that the judge will not attribute blame to either side. When stating reasons for divorce, however, one side must claim that the union is “irretrievably broken.” (commonly known as irreconcilable differences, the two parties no longer get along).

Requirements for Residency

To apply for divorce in Hawaii, you must be a resident of the state. Prior to applying for divorce, you must be a citizen of the state and physically present in the state for a minimum of 6 months. You must also petition in the proper district court. To apply, you must have lived within the district court’s authority for at least three months.

Fill out your paperwork

When applying for divorce, you must submit certain papers to the judge. The majority of the necessary papers are accessible on the Hawaii State Judiciary website. However, you must exercise caution when filling out these forms because each circuit has slightly different forms and criteria for applying for divorce. In addition, based on the problems at hand, each judge may request extra documents. Many circuits, for example, require a parenting training if young children are involved.

Either partner can start a divorce by submitting the necessary paperwork with the local court. In general, the Plaintiff (the partner initiating the divorce) must submit a Divorce Complaint, Summons to Answer Complaint, and Matrimonial Action Information Sheet. After submitting the necessary initial papers, the Plaintiff must serve his or her partner. (now referred to as the Defendant). Typically, the function is performed by a process officer, bailiff, or by publishing. (if you cannot locate your spouse). Once served, the Defendant must submit an answer known as an Answer in order for the Plaintiff to continue with a default ruling.

Divorce without Controversy

If the parties have achieved an agreement and do not wish to continue with a long lawsuit, they can complete a Divorce Settlement Agreement

It is critical to understand that the court has the authority to refuse any or all of the provisions in the Divorce Settlement Agreement if the judge does not believe the conditions provide for a fair division of marriage assets and obligations.