Hawaii Divorce Questions

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The Hawaii divorce questions and their answers are important details that the divorcing partners should go through before they file for divorce in this state. When one is thinking about filing for divorce to legally end their marriage, they should keep updated about the divorce laws in the state where they plan to file for divorce. It is difficult to understand the legal terms used to address the one who files the divorce, the one who is served the divorce, and many other such legal terms. The list of important divorce related questions and their answers mentioned below will be of great help to those who need information related to divorce filing procedures in the state of Hawaii.

Some examples of Hawaii Divorce Questions

Q. Explain some terms related Hawaii divorce?

A. The divorcing partner, who files the action, is termed as the Plaintiff. The divorcing partner, who is served the divorce papers, is called as the Defendant. The document that is used for beginning the divorce is known as Complaint for Divorce. The document that is used to grant the divorce is labeled as the Decree of Divorce.

Q1. Which factors does the court take into account while awarding custody?

A.

• The desire of the child or children
• Any relevant testimony that is in the best interests of the child or children
• Reports that have been drafted by investigators or other professionals after being ordered by the court

Q. Are no fault laws and common laws legally recognized in this state?

A. No fault laws have legal acceptance in this state. However, common laws are not legally permitted in this state.

Q. If an object categorized as separate property is sometimes used by both parties, then, is such a property divided?

A. Any property that is attained by a partner prior to marriage is categorized as separate property. However, if it is used by both partners in marital life, then, such a property is subject to division. The court may consider the frequency of its use while making the distribution.

Q. Is the filing fee different in different counties in Hawaii?

A. Yes, the filing fee is different in different counties in Hawaii.

Q. If the Defendant does not reside in this state, but the Plaintiff lives, then can the Plaintiff file for divorce in Hawaii?

A. Yes, the Plaintiff can file for divorce in Hawaii, if he or she lives in this state and the Defendant does not reside in this state.

Q. During division of marital property, what factors does the court take into account?

A.

• Due to the contribution towards the child(ren) of the marriage, what burden is imposed on each partner
• When the divorce is complete, what would be the conditions of either partner
• The relative abilities of both the partners
• The respective merits of the partners
• All the other factors of the case

Q. What are the residency requirements in this state?

A. The Plaintiff must have lived in this state for 180 days or 6 months (whichever is longer), before the divorce papers have been filed.

Q. Which issues are speculated by the court while granting alimony?

A.

• The capacity of the partner, who is demanded alimony, to fulfill self as well as the requesting partner's requirements
• Child support and custodial responsibilities
• The requirements of the partners
• The employability and vocational skills of the partner requesting for support
• The routine occupation of the partners during marital life
• The emotional health, physical health and age of the partners
• The standard of living enjoyed in marital status
• The length of marital life
• The economical resources of the partners
• Any other topic which the court finds just and equitable

Q. If there is an agreement amongst the partners on all issues, then, is it possible to proceed with a simplified proceeding?

A. Yes. Consider the following circumstances.

• There are no contested issues in the divorce action
• The partners accede that there has been an irretrievable breakdown in the marriage

The Hawaii divorce questions and answers mentioned here are essential details that one needs to know about legal divorce proceeding in the state of Hawaii. Before one files for divorce, they should know the different grounds of divorce on which they can file for divorce. One also needs to be aware about other legal procedure such as division of marital property.

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