Hawaii divorce how long does it take

This does not mean hiding assets or moving joint assets into your name alone without your spouse's permission or knowledge - such actions will cause you problems in the courts and draw out the time and expense of divorce. It does mean that tax returns should not be signed without careful scrutiny, and the partner planning to divorce should ensure that the tax bill is indeed paid.

The IRS may be able to hold you responsible for your spouse's tax debts from the marriage. If your spouse may become vengeful or simply has bad spending habits, or if you are the one leaving the marital residence, opt out of pre-approved credit offers now by going to www. If you are no longer in the marital residence and these offers keep arriving, the former spouse will have easy access to credit in your name. This is a good time to make sure, if possible, that your spouse does not expend large amounts of money on toys or other personal gratifications like expensive travel.

That money will be lost to the marital estate. It is also helpful to gather all the paperwork you will need for the divorce and for your future life. Once divorce papers are filed, things may become contentious, and logic and preparation become difficult. Gather the marital financial information - make copies of bank statements and other financial statements; make copies of IRS records; keep accurate records of your household's expenses. If you have been served papers: Check your papers carefully as soon as you receive them.

They contain deadlines that you must meet. If you've been served papers and think you are willing to sign the proposed decree sent to you, but want to be cautious and have an attorney look it over for you, we can sit down with you, discuss your situation and the proposal, and give you advice on whether it's beneficial to you or not. We will do this on an hourly basis, with no retainer fee needed.

You may be able to have fees waived by requesting a review by the court. You can work with an online service or a private Hawaiian-based attorney to complete paperwork but you will need to physically file documents at your county Family Court to start the process.

Our favorite resource for a fast and effective online divorce is: 3 Step Divorce. From step-by-step instructions to unlimited live support, here are just a few of the reasons why 3 Step is our 1 recommended online divorce resource:. You can learn more by reading our 3StepDivorce review. You do not need an attorney in Hawaii to handle your divorce case. Depending on your circumstances, legal representation might be a smart move to protect your interests.

Either you or your spouse must have lived in Hawaii for six months immediately preceding when you file for divorce. You must also have lived in the county where you file for at least three months before filing as well. With an uncontested divorce, after you file paperwork, your spouse has 20 days to file an answer with the court. If both of you agree on terms for a settlement, then it takes the courts about weeks to review your case and approve your final divorce decree.

When you go through mediation or a collaborative divorce, the process can easily take months or more, depending on your issues and how quickly you can resolve them.

You can file for divorce, but most judges will not allow you to get a divorce until after the baby is born. At that time, you can handle issues such as child support and child custody at the same time as your other divorce matters. Under Hawaiian law, the husband is considered to be the legal father of any child born during the marriage. If paternity is not established, the husband will remain the legal father, and will still be legally responsible for the child.

As an alternative, if you and your spouse are separated by deployment, then you can file in the state where either of you live, as long as both parties agree to it. You will need to file your case in the Family Court of the island where you have lived for at least three months. While many issues are handled the same as they are in civilian divorces, there are a few notable differences.

For example, child custody and visitation issues can be more complicated due to relocation or deployment orders. Child support is determined the same way as it is for civilian cases, using the Income Shares Model. For example, a military spouse can request a delay in divorce proceedings so that his or her military duties are not impacted.

Legal action can be delayed when he or she is on active duty plus 60 days beyond the end of his or her enlistment. The USFSPA also governs how military pensions are disbursed and whether or not a former military spouse has full medical and commissary privileges.

For this to happen, the former spouse must have been married at least 20 years; the military spouse had at least 20 years of creditable service, and those two overlapped by at least 20 years.

If there is a disagreement causing the other party to be unwilling to sign, regardless of the reason, then you do not have an uncontested divorce.

The disagreement can be over something as major as a million-dollar disparity in property valuations or as simple as who gets the family dog or the china, but if it prevents getting a signed agreement, it will preclude you going down the substantially less time consuming and less costly uncontested divorce track and process. Family Court is responsible for handling divorce filings and issuing divorce decrees. The court also handles related issues such as child support, paternity claims and family disputes.

The process is quite open compared to other U. There is no requirement for stating a reason for divorce in court or on court documents. Hawaii courts can issue a divorce even if spouses were married in other jurisdictions such as another state or country.

The filing spouse must have lived in Hawaii for at least six months before petitioning the court for a divorce. A typical Hawaii divorce takes several months, even if spouses are not contesting the process. Any dispute, such as disagreements on splitting up marital assets or managing child support, will lengthen the process and delay the decree. Hawaii law does not require divorce litigants to get legal representation, but the State Judiciary state that having a lawyer during a divorce is very helpful.

An attorney can defend all of your interests in the case of a divorce from the perspective of someone who is familiar with the process. Many of our clients tend to instinctively head toward a legal separation in the common situation where they have begun to experience some level of marital disharmony but are not quite ready to permanently end the marriage.

This is an ambivalent period of mixed emotions. In Hawaii, the court will approve a statutory legal separation period of about two years based upon documents that outline a separation agreement. At the end of this time, however, you must then finalize things either by formally ending the marriage or repairing it. Additionally, and perhaps most importantly, none of the marital assets, debt are "permanently" allocated or distributed and any award of child custody will be temporary.

Separation is usually best in situations including addiction where the legal separation protects both parties for two years while the situation is being worked on. Say, for example, the father is struggling as an alcoholic but is a good dad. The mom needs to protect the children while dad is working on recovery in the hopes that they will get back together.