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Does Hawaii require separation before divorce?

In other words, in Hawaii separation is not necessary for a divorce. If a married couple in Hawaii decides to legally separate and later decides to get divorced, they will have to begin a completely new process, complete with new forms and filing fees.

Is Hawaii a 50/50 divorce state?

Is Hawaii a community property state? Hawaii is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case.

How long do you have to be married to get a divorce in Hawaii?

Hawaii Divorce Laws: Legal Requirements at a Glance Hawaii law assumes a no-fault stance on divorce, in which the marriage will be terminated as long as the parties have lived separate and apart for two years or have been legally separated.

Is Hawaii an at fault divorce state?

Hawaii is a "no-fault" divorce state\u2014meaning that the courts don't require one spouse to prove that the other's bad acts were the cause of the divorce. No-fault divorces reach resolution faster than fault-based divorces because the spouses don't have to argue about or prove who was responsible for the divorce.

How are assets divided in a divorce in Hawaii?

Hawaii is an equitable division state, which means that most assets and debts acquired during the marriage are subject to division between the spouses, regardless of which spouse acquired it or whose name is on it. Exceptions include gift inheritances received during the marriage.

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How quickly can you get divorced in Hawaii?

It usually takes six to ten weeks after an Uncontested Divorce by Affidavit packet is submitted for judge's review, for the divorce to be final. The divorce is effective after the Divorce Decree has been approved and signed by the judge and the Divorce Decree has been filed-stamped by the court.

How much is it to get divorced in Hawaii?

As of 2022, Hawaii's combined filing fees for divorce without children are $215. If you have minor children, you'll also need to pay a parent education surcharge of $50, bringing the total filing fees to $265.

How long do I have to live in Hawaii to file for divorce?

What are the residency requirements to file for divorce in Hawaii? To file for divorce in Hawaii, you must live in Hawaii continuously for at least three months before filing for divorce.

How much does a divorce cost in Hawaii?

How much does it cost to file for a divorce in Hawaii? For an uncontested divorce without children, filing fees are $215. If either party has minor children from their current marriage or any other relationship, you will need to pay an additional $50 fee for a Parenting Education class, bringing the total to $265.

How is property divided in Hawaii divorce?

Hawaii is an equitable division state, which means that most assets and debts acquired during the marriage are subject to division between the spouses, regardless of which spouse acquired it or whose name is on it. Exceptions include gift inheritances received during the marriage.

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