Sometimes we optimistically vow we will stay with a person for better, for worse, and even for life. Sometimes, though, the better laid plans of mice and men do go astray and worse becomes more than we can bare. That is why most all states across the United States has abandoned aged old traditional concepts about marriage for No-fault divorces. The No-fault concept requires only that a marriage is irretrievably broken and that the courts remain blind to who is at fault for the marriage being broken. Of course, the ideal situation is that all adults will work out their problems and remain committed to their marriage, especially when there is children involved, but in Honolulu and other places throughout Hawaii, when things become worse and marriage becomes irretrievably broken, divorce may be an honest alternative to a bad situation. Hawaii’s family Courts are geared to this possibility, and the laws are designed to help all concerned. When minor children are involved in a divorce, the Hawaii courts will do everything possible to help lessen the emotional trauma the children may be experiencing. If the parents cannot come to an agreement regarding the issues involving the children, the court will establish the custody order at its discretion. Simply stated, divorce is a traumatic experience that is handled in Hawaii with compassion. No one wants to see a divorce, but in light of the fact over 18 percent of the marriages in Honolulu ended in divorce in 2002, the reality exists, even in a beautiful, easy going, and romantic paradise like Hawaii.
In order to file for a divorce in Honolulu, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case, it will not be accepted, or it will eventually be dismissed. The requirements are as follows:
- No absolute divorce from the bond of matrimony shall be granted for any cause unless either party to the marriage has been domiciled or has been physically present in the state of Hawaii for a continuous period of at least six months prior to filing for the divorce.
- A person who may be residing on any military or federal base, installation, or reservation within Hawaii or who may be present in Hawaii under military orders shall not thereby be prohibited the above mentioned requirements.
- The divorce should be filed in the judicial district the plaintiff resides or the judicial district the spouses last lived together as a married couple.
The Complaint for Divorce must state the appropriate Hawaii grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. According to the Hawaii statutes, Title 580 and Chapter 41, the family court shall decree a divorce from the bond of matrimony upon the application of either party when the court finds:
- The marriage is irretrievably broken;
- The parties have lived separate and apart under a Decree of Separation from bed and board entered by any court of competent jurisdiction, the term of separation has expired, and no reconciliation has been effected;
- The parties have lived separate and apart for a period of two years or more under a Decree of Separate Maintenance entered by any court of competent jurisdiction, and no reconciliation has been effected; or
- The parties have lived separate and apart for a continuous period of two years or more immediately preceding the application, there is no reasonable likelihood that cohabitation will be resumed, and the court is satisfied that, in the particular circumstances of the case, it would not be harsh and oppressive to the defendant or contrary to the public interest to a divorce on this ground on the complaint of the plaintiff.
Maybe you live in Honolulu or somewhere else in Hawaii, you have come to the place where your marriage seems irretrievably broken, and you want relief from a worse case scenario you no longer feel you can tolerate. There is relief available. Contact us today and we will help you find a divorce attorney in your area who will help answer all the legal questions you may have.
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