Legal Effect of a Hawaii Divorce

2011-07-26-16-08-28-1-sunset-at-waikiki-beach-in-honolulu-hawaiiA Hawaii divorce permanently terminates your marriage and resolves several very important issues: Will the children reside with the father or mother full-time, or will the children’s time with the parents be divided evenly?  Which parent will pay child support and/or spousal support (alimony), and how much support and for how long?  Who will pay which bills?  Who will keep which assets and which debts?  How will retirement incomes be divided?  Will one spouse have to provide medical insurance for the other and the children? These are just a few of the many issues which must be resolved through the divorce process. 

Under Hawaii law, you and your spouse have the opportunity to agree to the resolution of these and all other relevant issues.  If you are able to reach an agreement, you will put the agreement in writing and submit it to the Hawaii Family Court.  If the Family Court approves the agreement, the Hawaii Family Court will issue your “uncontested divorce” according to the terms of the agreement.  In most uncontested divorce cases, neither you nor your spouse will have to appear before the Family Court Judge.  Depending on the Family Court’s caseload, it generally takes about two months to finalize your divorce after you have completed and filed all of the necessary paperwork.

If, however, you and your spouse are unable to reach an agreement, or if the Family Court rejects your agreement, then you must go through the “contested divorce” process, where the Family Court judge will decide these issues for you.  The contested divorce process if very complicated, very expensive, and can take a year or longer to complete.  If you are unable to reach an agreement, it might be helpful for you and your spouse to agree to “mediation” – a non-binding discussion with a neutral third-party (“mediator”) to try to reach an agreement on these issues.

Call today to make an appointment with one of our Honolulu family law and divorce lawyers.

Click on the links belowto learn more about Hawaii uncontested divorces and the Hawaii family law.

01. Hawaii Family Law
02. If You are “Served” 
03. Legal Effect of Hawaii Divorce
04. Residency Requirements
05. Grounds for Hawaii Divorce
06. Hawaii Child Custody/Support
07. Hawaii Spousal Support
08. Property Division
09. Hawaii Paternity