What Do I Need to Know About Filing Divorce in Hawaii with Help Yourself Divorce?
Help Yourself Divorce is a no-fault divorce service, for those who agree on the terms of the divorce and are both willing to sign the papers. The following is a list of requirements and information about what to expect from the process. Please note that this will only apply if you use the services of Help Yourself Divorce. Those seeking to use another route for their divorce should perform their own research about what to expect from the process.
Hawaii Grounds for Divorce.
Because Help Yourself Divorce is a “no-fault” divorce service, we will prepare your divorce papers based on the no-fault ground that there has been an “irretrievable breakdown on the marriage”. This means you and your spouse agree to file a no-fault divorce.
Hawaii Residency Requirements.
To file for divorce in Hawaii using Help Yourself Divorce, at least one spouse must have lived in the state of Hawaii for at least six months, and in the particular circuit where the divorce will be filed for at least three months, prior to filing the papers with the court.
If you and your spouse have minor children, the court must have jurisdiction over them. Generally this means your children must have lived in Hawaii for at least six months and currently live in Hawaii, or have lived in Hawaii within six months of filing.
Filing for Divorce in Hawaii.
You can file your divorce either in the Hawaii circuit where the plaintiff lives, or in the circuit where the couple last resided together.
Hawaii Divorce Filing Fees.
When you file the papers, you will have to pay a separate filing fee to the Courts. Please check with your local court clerk to find out how much the current filing fee is.
Serving Your Spouse.
After you file your divorce papers with the court, you will need to “serve” your spouse with a copy of the divorce papers. However, in an agreed divorce, formal service by process server or Sheriff is not required. All you need to do is hand-deliver or mail a copy by regular mail. Your spouse will then sign a document stating he or she received the papers, and that document is filed with the Court.
Waiting Period.
There is no specific waiting period in Hawaii before your divorce can be finalized. How long it takes after you file the papers will just depend on the schedule of the court.
Finalizing Your Divorce.
There will probably not be a final divorce hearing. If the court has any questions for you, they may ask to speak with you. Otherwise, a judge will just review your paperwork, sign your final decree, and mail it back to you. When you receive the signed decree back from the judge, that means your divorce is final.
If you have any questions about whether our service is right for you, please don’t hesitate to contact us.
IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.