Hawaii, the top destination wedding state also has its share of bad stories when it comes to divorce. Despite being a heavenly destination and the best-known location for getting married, you surely don't expect that the residents in Hawaii never get divorced. Yes, they do, and the specialty about getting divorced in Hawaii is that it's a No-fault divorce state where you don't have to necessarily give a reason to get a divorce.
For ages, divorce has been a big taboo in societies across the globe and people couldn't get a divorce without citing proper reasons. However, now things have changed and if either of the partners doesn't want to stay with their spouse, then they can file for divorce and things will be worked out accordingly.
•While in few states people still have to give a reason and blame their spouse for a failed marriage, in Hawaii, people just have to testify that their marriage has fallen apart and there's literally no scope of reconciliation and that's considered as enough of ground to get divorced.
•However, if one of the partners doesn't want a divorce then the court cannot finalize the divorce and the couple has to go for counseling but anyhow, the court cannot keep people waiting for more than 60 days. Even after 60 days, if there's no concrete decision coming from the divorcing couple then the divorce has to be granted.
•If a couple is separated for more than 2 years and they feel that they cannot just live together in a marriage, then they can easily apply for a 'no-fault divorce' and hire a divorce attorney in Hawaii to file their case and help them get a divorce.
•Uncontested divorce is another ground, based on which, you can proceed. In this regard, both the spouses have to just agree on everything pertaining to legal issues and then they can go ahead with a smooth and hassle-free divorce proceeding. The good thing about this type of divorce proceedings is that it costs less and is not time-consuming either. In this type of divorce, both spouses need to sort out certain legal aspects during a divorce such as:
# Division of debt and property
# Custody of children, child support, and alimony
You must also understand that even if both spouses agree on every related issue, the court might reject any provision of the final settlement agreement given the fact that if the judge feels that property division is done improperly or if any clause is not in the best interest of the child. Moreover, if at any point in time before the judge finalizes the divorce, you feel that you are in disagreement with your spouse over any aspect then you can request the judge to transform the uncontested case to a contested divorce case.
What do you need to get divorced?
●While filing for divorce, you have to prove that you are a resident of Hawaii and you have been living here for almost 6 months now. Moreover, you should be living in the county where you decide on filing the divorce for at least 3 months before submitting the papers. You might as well gain some knowledge about Hawaii family law from your attorney before you go ahead with the divorce proceedings.
●There are no particular waiting periods in Hawaii before a final decision is given. The court proceedings begin as soon as the judge is available on the calendar of the court.
Before you finally decide to take a divorce, there are some Questions to Ask Your Divorce Lawyer that you should not ignore so that you are armed with the right reasons, paperwork, and settlement issues once the divorce proceedings start.