Leaving a marriage either through legal separation or divorce is stressful because other than causing emotional pain to the couple, both processes consume a lot of time and finance. It can be even more hectic if the couple fails to neither agree nor see eye to eye on certain issues for the legal separation or divorce to carry on smoothly. In cases where there are irreconcilable issues between the couple, the couple appears before the court of the state where they reside to help the couple settle their disputes.
Legal separation and divorce procedures and requirements vary from state to state throughout the United States. For instance, in the case of legal separation, all states in America recognize it apart from states such as Mississippi, Texas, Maryland, New Jersey, Delaware, Florida, Georgia, and Pennsylvania.
This article will discuss and explain legal separation in Hawaii and briefly explain divorce in the state as well. It will provide you with information you seek guidance on if you are in the state of Hawaii and want to carry out legal separation or divorce or purely to enlighten you on the laws of Hawaii when it comes to legal separation or divorce.
Legal separation in Hawaii is the official separation of a married couple for two years as required by state law before settling for permanent termination of the marriage through divorce. Legal separation does not terminate the union. The couple will technically be married as it is only a temporary separation, and the spouses are still entitled to marital rights. The couple must live separately during the separation period, not share a bed or share a roof.
If you decide to file a separation from your spouse in Hawaii, be informed that Hawaii is a no-fault state. Being in a no-fault state means that whatever wrong your spouse may have done that has made you desire to end your marriage may not be used as a cause for legal separation. Hawaii state laws do not approve legal separation based on the wrongdoings of any of the spouses but rather on the idea that both spouses hardly agree on issues or have unending differences and disputes when married to each other.
A couple that might feel that they need a break from their marriage due to consistent indifferences has the option to separate before considering divorce. To be legally separated from Hawaii, the couple must file a petition with the judicial family court and wait for it to be approved by a judge. If the petition is filed by one of the spouses, the other spouse is served with the separation papers on the approval of legal separation by a judge. If the separation is uncontested, the couple discusses and reaches an understanding of the separation agreement. If the other spouse fails to accept the terms of the separation agreement, the issues may be presented before a judge to help resolve the issues.
To file for legal separation in Hawaii, certain requirements must be fulfilled to apply for the separation process. The requirements include:
Below is how to file for legal separation in Hawaii:
Legal separation and divorce both involve the separation of a married couple; the difference comes in where legal separation is temporary separation as the couple will still be married to each other, while a divorce is a permanent separation of a marriage. In Hawaii, despite being the separation of a couple, legal separation has its benefits because the couple will still be entitled to marital rights and benefits. The advantages of legal separation include:
In as much as there are benefits of legal separation in Hawaii, there are disadvantages as well that include:
Given that Hawaii recognizes legal separation, this makes legal separation and divorce two different processes.
Legal separation is a temporary separation process between a married couple, usually for two years in Hawaii, while a divorce is a permanent termination. In Hawaii, a couple does not need to be legally separated to be divorced like in the case of states such as Delaware, especially where the couple feels that the marriage is completely broken and beyond repair. Divorce can be granted as early as the 8th week from when the divorce was filed to one year in Hawaii. The time frame to be legally separated from each other in Hawaii is a maximum of two years, after which the couple must decide whether to get divorced or reconcile.
A legally separated couple can enjoy marital rights as they will still be technically married to each other compared to divorce. After the divorce, the couple is entitled to nothing subject to marital benefits.
In Hawaii, after filing for separation, it may take between 4 to 6 months for the process to be approved.
The cost for filing uncontested legal separation ranges between 150-and 200 USD. Seeking guidance and legal assistance may have you incur attorney charges ranging between 500-1500 USD in Hawaii.
Separation and divorce are really difficult as they affect the married couple and the children as well. The Hawaii law ensures that the child's interests are protected after the separation or divorce of the parents.
Under Hawaii custody and visitation laws, custody is granted following preference by the child or by the court's decision. Hawaii allows the child to choose which parent they want to live with. In such circumstances, the court ensures that the child is mature enough to make a wise decision on which parent to live with without the influence of either parent.
Otherwise, if the child is not mature enough to choose the parent to prefer, the court decides which parent fits best. The court rules on which parent to have full custody of the child, and the court arranges non-custodial parent visiting hours. However, the couple may avoid all these court formalities and negotiate how to share parenting.
Child financial support in Hawaii is to be provided by both parents. The child support money is deducted directly from the non-custodial parent's wages into the child's account. The child support in Hawaii money is 83 USD per child and not less unless under the circumstances allowed by the Hawaii court. The parent that pays the child support must deliver until the child attains the age of 18 years, a failure to which they face serious legal consequences.
Trial separation in Hawaii refers to the act where a married couple agrees to separate from reassessing their marriage. A trial separation is where the couple tries to live apart from each other without governance by the laws of the state of Hawaii, a decision by the couple independently. Unlike legal separation, which is indefinite, meaning separation cannot last beyond two years as provided by the Hawaii law before making the final decision on whether to get married or not, trial separation may last as long as the couple wants it to.
You don't need to have an attorney when filing for separation in Hawaii; however, it is important to have the guidance and understanding of a professional law practitioner on board.
According to Hawaii, this is a contract between a husband and a wife agreeing to separate based on their own decision or court order. The contract contains important information such as the division of physical assets, child custody, support, and debt payment, among other information. In Hawaii, a separation agreement is not necessary or a requirement; however, it is important. A separation agreement must be agreed upon by both parties' failure to which the disputing issues are presented before a judge to be resolved.
After filing for legal separation, the spouse must prepare and file for the separation agreement. The separation must be accurate and recognized by the state of Hawaii. The following are steps to prepare for the Hawaii separation agreement:
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