Hawaii No Fault Divorce

Divorce Papers > No Fault Divorce > Hawaii No Fault Divorce

No fault divorce process is now quite popular because through this divorce process, a divorce can be obtained without much hassles, it is less time consuming and easy on the pockets. . There is no blame game in this kind of divorce, you do not have to produce any evidence to prove your point, and neither does it involve digging your dirty laundry and the pain with it. Similarly, Hawaii no fault divorce can be considered as a straightforward procedure that is free from accusing your partner for infidelity, family crisis, drug addiction and likewise. The Hawaii no fault divorce law does not support the concept of joint petition or simplified dissolution process. The law merely names one divorcing partner as the plaintiff and the other as the defendant. The plaintiff files the complaint in the court, which is served to the defendant. The State of Hawaii primarily requires the mentioning of the specific grounds on the basis of which no fault divorce is granted to the divorcing partner. Here we are mainly focused on all the essential factors that are considered before initiating the legal proceedings associated with Hawaii no fault divorce case.

Grounds of Hawaii No Fault Divorce

Hawaii state do considers definite grounds on the basis of which no fault divorce is granted to the spouses. Some of the major grounds are:

• Irretrievable breakdown of the marriage: If either of two partners mentions that their marital relationship is broken to such an extent that it cannot be retrieved, then it is considered as a case of no fault divorce. It mainly reflects the condition that it is impossible to recover the healthy phase of the marriage.
• Living separate: When partners are separated, one of the following conditions must be met:
  • The divorcing partners must have resided apart and separate as per a decree of separation decided for the state. This decree must be entered by any court law that has competent jurisdiction. No reconciliation must have taken place after the step of separation has been complete.
  • Immediately prior to the application, the divorcing partners must have resided apart and separate continuously for a minimum span of two years. When the application has been made, there must be no reasonable probability that cohabitation would resume. This will end up to a situation where the complaint filed against the partner would not be unfair or unjustifiable as per the court laws.

Residency requirements of Hawaii no fault divorce

As per the laws of this state, either of the two divorcing partners must have resided in the state for at least six months prior to the filing date of divorce. Moreover, any one divorcing partner must have resided in the specific circuit where the divorce papers are filed for minimum three months.

Procedure of Hawaii Uncontested No Fault Divorce

• There is no requirement of a period of separation.
• When both the partners reach to the final agreement consisting all marital issues then there is no necessity for court appearance.
• Evidence is permissible like in terms of presenting an affidavit.
• The divorce forms can be viewed on www.courts.state.hi.us, which is a judicial website. On the top of the menu, the divorcing partner must click on "forms" and further click on "Oahu-Family Court." Now, it is possible to view a list of selections comprising of instructions for filing all divorce forms. If children are involved in the divorce, then on this page, one can refer to the Hawaii child support guidelines and online calculation worksheet.
• After all the forms have been filed, the filing fee has to be paid. As of 2008, this filing fee is 225 USD with children (inclusive of stepchildren) and 175 USD without children.
• The time period for getting a divorce ranges from eight weeks to one year.
• After the papers have been filed, a "review date" is allocated by the court to the plaintiff. On this date, the paperwork is reviewed by the judge and the divorce is granted. One or two weeks after the review date, the divorce process ends.

A no fault divorce does not deal with the presentation of relevant evidences or proving all wrong deeds of respective partner. It is important that either of the two spouses consider the state laws and rights before stating the definite ground for a divorce in their petition paper. Similarly, Hawaii no fault divorce also consists of some relevant legal formalities as described above.

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