Hawaii Divorce Forms & Papers

Divorce Papers > Hawaii Divorce Forms & Papers

Divorce is known as a dissolution of the institution of marriage. It is an end result of the conflicts between a couple. Though divorce is a personal decision, it is to be carried out with a legal procedure. The process is governed by the state laws, and by federal laws also. If dissolution is contested by any of the spouses, then it becomes quite lengthy and a complicated procedure. However, the legalities regarding this process have to be fulfilled by the spouses. Every state may opt for a different set of requirements according to the laws in that particular state. Hawaii divorce forms and papers are to be filled by taking the family laws into account.

Disintegration of the marriage is never an easy decision. It is a very painful phase, where people suffer economically and mentally. They may take up mediation and discussion to resolve the conflicts. Otherwise, they might even directly come to a conclusion of terminating the marriage. Once they finalize the decision for divorce, they must comply with the legal provisions to apply in the court. In order to do so, they have to submit the divorce forms and papers in the court.

What are Divorce Forms and Papers?

These are the legal documents that are submitted in the court for obtaining divorce. They contain various applications, property disclosures, appeals for spousal support or child custody and informatory forms. The process of divorce is initiated by these forms. And it ends after the issue of a divorce decree, which is a part of the divorce papers. Thus, all the documents submitted and exchanged by the partners in the court during the proceeding can be considered as dissolution papers.

Residency Requirements to File Divorce Forms

The spouse filing for divorce must have been present in Hawaii for 3 months. However, a final divorce will not be granted unless one spouse has been a resident for 6 months. The divorce should be filed in either:

The judicial district where the plaintiff resides; or
The judicial district where the spouses last lived together. [Hawaii Revised Statutes; Title 580, Chapter 1]. For more information on filing divorce see our page on Tips for Filing Divorce.

What Is the Importance of Hawaii Divorce Forms and Papers?

These are the vital part of the whole dissolution procedure. Without filing a divorce application, no case will be registered in the family court of the state. This paperwork also contain document related to spousal maintenance and child support. With help of these documents, the spouses can make these orders enforceable. Also, for future records, these documents play an important role. They are state records that can prove the social status of a person.

The Grounds Acceptable for Filing Divorce Forms and Papers
These are the grounds for no-fault divorce in Hawaii:

Irretrievable breakdown of the marriage; and
Living separate and apart without cohabitation for 2 years, and it would not be harsh or oppressive to the defendant spouse to grant the divorce. [Hawaii Revised Statutes; Title 580, Chapter 41].

If the spouse wants to apply for a contested case under marital faults, he or she has to prove this reason in the court with sufficient evidences. Following are some valid reasons for divorce:

Cheating on a partner by having physical relations with someone else
Desertion for a long time
Violent attacks or committing felony or such type of crime
Mental imbalance and threatening behavior
Suffering from physical disability resulting in physical incompatibility

How to Fill the Hawaii Divorce Forms and Papers?

As mentioned earlier, the forms and papers are for public records. So, you must have detailed information while filing them in the court. These documents are available in special kits online. You can download them and fill them according to the instructions provided on the website. The second option is, you can procure these papers from the court by paying a nominal fee. While submitting these documents, the court fees must be paid by the couple. Following are some points to remember while going filling the forms and papers:

USE THESE WORDS IN THE COURT DOCUMENTS FOR HAWAII

Use these exact words, all in capital letters: FAMILY COURT
Use these exact words, all in capital letters: COMPLAINT FOR DIVORCE
Use the word "Plaintiff". Be sure the "P" is capitalized.
Use the word "Defendant". Be sure the "D" is capitalized.
Use these exact words, all in capital letters: DECREE OF DIVORCE
Use the word "County" here.

For detailed divorce laws in Hawaii state, please see Hawaii Divorce Laws page.

Free Hawaii Divorce Forms for Download

Following divorce forms are free for download. Most of the forms are provided with instructions on how to fill the form. To download any of these divorce papers and forms just right click on the link and select "Save As...".