Our 3StepDivorceTM Online Divorce for Hawaii is offered with a peace-of-mind 100% guarantee.
We offer a 100% guarantee that the documents provided will be accepted by the Hawaii courts to finalize your divorce.
In the event that the documents provided are not accepted by the Hawaii court due to the fault of 3StepDivorceTM you will be provided a 100% refund (with no handling fee).
Our support staff will always give each individual customer personal attention should they have difficulty. We have both e-mail and phone support. This being said, prior to issuing a refund, we reserve the right to meet any courts requests regarding changes to the documents.
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Hawaii Residency Requirements
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 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 the state or who may be present in the state 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. (Hawaii Statutes - Title 580 - Chapters: 1)
Hawaii Divorce Grounds:
(1) The marriage is irretrievably broken; (2) 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; (3) 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 (4) 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. (Hawaii Statutes - Title 580 - Chapters: 41)
Hawaii Property and Debt Division
If the parties can not otherwise agree, the court shall take into consideration when making a property award the following: the respective merits of the parties, the relative abilities of the parties, the condition in which each party will be left by the divorce, the burdens imposed upon either party for the benefit of the children of the parties, and all other circumstances of the case. (Hawaii Statutes - Title 580 - Chapters: 47)
Hawaii Spousal Support, Maintenance, or Alimony:
In addition to any other relevant factors considered, the court, in ordering spousal support and maintenance, shall consider the following factors: (A) Financial resources of the parties; (B) Ability of the party seeking support and maintenance to meet his or her needs independently; (C) Length of the marriage; (D) Standard of living established during the marriage; (E) Age of the parties; (F) Physical and emotional condition of the parties; (G) Usual occupation of the parties during the marriage; (H) Vocational skills and employability of the party seeking support and maintenance; (I) Needs of the parties; (J) Custodial and child support responsibilities; (K) Ability of the party from whom support and maintenance is sought to meet his or her own needs while meeting the needs of the party seeking support and maintenance; (L) Other factors which measure the financial condition in which the parties will be left as the result of the action under which the determination of maintenance is made; and (M) Probable duration of the need of the party seeking support and maintenance.
Hawaii Custody and Visitation:
Custody should be awarded to either parent or to both parents according to the best interests of the child, and the court may also consider frequent, continuing, and meaningful contact of each parent with the child unless the court finds that a parent is unable to act in the best interest of the child. Reasonable visitation rights shall be awarded to parents, grandparents, siblings, and any person interested in the welfare of the child in the discretion of the court, unless it is shown that rights of visitation are detrimental to the best interests of the child. When domestic violence is an issue, the court will consider the following: (1) The primary factor the safety and well-being of the child and of the parent who is the victim of family violence; (2) The perpetrator's history of causing physical harm, bodily injury, or assault or causing reasonable fear of physical harm, bodily injury, or assault to another person; and (3) If a parent is absent or relocates because of an act of family violence by the other parent, the absence or relocation shall not be a factor that weighs against the parent in determining custody or visitation. (Hawaii Statutes - Title 580 - Chapters: 46)
Hawaii Child Support:
In establishing the amounts of child support, the court shall use the state child support guidelines. Provision may be made for the support, maintenance, and education of an adult or minor child and for the support, maintenance, and education of an incompetent adult child whether or not the petition is made before or after the child has attained the age of majority. In addition to any other relevant factors considered, the court, in ordering spousal support and maintenance, shall consider the following factors: (a) Financial resources of the parties; (b) Ability of the party seeking support and maintenance to meet his or her needs independently; (c) Duration of the marriage; (d) Standard of living during the marriage; (e)Age of the parents; (f) Physical and emotional condition of the parties; (g) Usual occupation of the parties during the marriage; (h) Vocational skills and employability of the party seeking support and maintenance; (i) Other factors which measure the financial condition in which the parties. (Hawaii Statutes - Title 580 - Chapters: 47)
How Do I Know if I Should File in Hawaii?
One would typically file for divorce in the state in which he or she or his or her spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish residency prior to filing.
If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state.
If you are in the military and are stationed overseas, you would typically file in your home residency state.
Can I Use 3StepDivorceTM if I Have Children?
Yes. The system and your documents will address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.
How Much Are the Hawaii Filing and/or Court Fees?
The filing and/or court fees are not included in our fee and typically range from $50.00 to $350.00 in total depending on your location of filing and whether or not you have children. The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.
How Long Will the Process Take in Hawaii?
The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.
Should I File or Should My Spouse File?
As a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized typically does the filing.
Where and How Do I File My Documents?
The documents are filed at your local county courthouse in the family law or domestic relations division or department. Inside your account you will receive step-by-step filing procedures.
Can I Mail or Fax My Documents to the Clerk?
Many courts do permit you to mail and/or fax the documents. This will vary from county to county and state to state, so it will be best to check with the clerk at the courthouse when you are ready to file.
Do I Have to Go to Court in Hawaii?
Depending on your state and your situation, you may or may not have to attend a short hearing. Most of the time when a hearing is required, it only lasts 10-15 minutes and only the filing spouse must attend. The hearing is where you will be granted your divorce and the judge will sign the final judgment or decree.
Do I Have to Also Hire a Lawyer?
3StepDivorce is designed for you to do your own uncontested divorce without hiring a lawyer. You will be acting as your own lawyer and filing for your own divorce. Should you need or desire legal advice or should your divorce become contested, we do suggest you hire the services of a lawyer.
Will My Name Also Be Changed?
The wife has the option to change her name back to her former or maiden name through the 3StepDivorce solution.
When is the Divorce Actually Finalized in Hawaii?
The divorce is typically finalized when the Judge signs the final judgment or decree. We give a window of 30-90 days from the filing date, but this will vary due to case load at the courthouse and any mandatory waiting periods.
Hawaii Forms: Our question and answer technology will allow you to easily complete your Hawaii divorce forms for an uncontested divorce. Our goal is to give you full control and make "doing your own divorce", fast, easy, and affordable.Hawaii Divorce Forms List
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A total of 93 people have started their divorce through 3StepDivorceTM in the last 24 hours and 925 in the last 10 days. The streamlined and user-friendly process, instant document delivery, and unlimited free support makes us the go-to solution to do your own divorce. Our simple and inexpensive process provides you with all your completed divorce papers in as little as 20 minutes. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times.
This easy to use online divorce is a "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of Hawaii. An uncontested divorce is one in which you and your spouse are in agreement and eliminates the stress and expense of settling your divorce in court.
With 3StepDivorce TM you can complete and print your Hawaii divorce forms (including a marital settlement agreement) instantly. Then, follow our step-by-step filing procedures to file your own divorce in a timely, professional, and hassle free fashion. The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy. If you're not ready to file for divorce in Hawaii, learn more about getting your Separation Agreement or learn more about the basics of divorce in Hawaii . Also, If you have any questions try visiting our Hawaii Divorce Online Help Center .
We provide unlimited support for all of our customers through our Hawaii Online Divorce Help Center. We take great pride in being able to respond to our customers in a "human" to "human" approach (as you can see, we do not hide our toll free number (888) 665-6782). We understand the need a customer may have to talk to a person rather than the typical automated voice or e-mail support system. Please keep in mind that we are not lawyers and we do not give out legal advice. If you need legal advice regarding your uncontested divorce in Hawaii, we recommend that you contact a lawyer in your area.
In almost all cases, you file for a divorce in the state where you reside. This means that if you are a resident of Hawaii, you file in Hawaii and are governed by Hawaii's divorce laws even if you were married, for example, in California.
You must meet Hawaii's residency requirement for a Hawaii court to have jurisdiction over your divorce.
3StepDivorce™ works as long as both you and your spouse agree about everything, and both of you are willing to sign the divorce paperwork.
You do not have to sign the papers together, at the same time and place, but the Hawaii 3StepDivorce™ requires both spouses to sign.
It sure does. The Hawaii 3StepDivorce™ allows you to address all issues regarding children, including but not limited to, physical and legal custody, visitation and support, care, health insurance and tax deductions.
Thousands of people divorce inHawaii every year without hiring a lawyer.
When spouses cannot agree about the terms and conditions of their divorce, they sometimes end up in court where a judge makes decisions for them. This is called a contested divorce, and hiring a lawyer is a good idea in this case.
When a case is uncontested and both parties are willing to sign, (when you and you spouse agree about everything) filing your own divorce is a common choice in order to cut down legal expenses. Read about the advantages of filing your own uncontested divorce in Hawaii.
The residency requirements for a divorce in Hawaii are as follows:
Either spouse must live in Hawaii for six continuous months to file for divorce.
Yes. The divorce paperwork requires a signed authentication that you have been a resident of Hawaii for at least the past six months.
This is a state law.
Signing false statements is perjury.
If the court requires proof for some reason, typically a Hawaii driver's license or state identification is sufficient. An affidavit of a corroborating witness testifying about your residency also works.
Your spouse does not need to live in Hawaii to use 3StepDivorce™. After you have printed all the divorce paperwork, you simply mail the documents to your spouse and he or she signs them. After your spouse returns them, you file in your local county court.
Very often divorcing spouses live in different states.
The grounds for divorce in Hawaii are as follows:
1) The marriage is irretrievably broken;
2) The parties have lived separate and apart under a separation agreement entered by any competent jurisdiction, the term of the separation has expired, and no reconciliation has been effected;
3) The parties have lived separate and apart for two years or more under a decree of separate maintenance entered by any court of competent jurisdiction, and no reconciliation has been effected;
4) The parties have lived separate and apart for a continuous period of two years [and] there is no reasonable likelihood that cohabitation will be resumed, and the court is satisfied that it would not be harsh and oppressive to the Defendant to a divorce on this ground on the complaint of the Plaintiff.
Once the divorce paperwork has been filed in court, it usually takes 30 to 90 days for a divorce to be final. The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Decree of Divorce.
3StepDivorce™ saves time because all lengthy delivery times are eliminated when you print your documents from your computer. You control revisions and reprintings as necessary.
In Hawaii, a divorce hearing is not typically required. If there are children involved, a short hearing may be required (it is always up to a judge), generally about 15 minutes, gives the court an opportunity to make certain that you understand the parameters of custody, visitation and support that are ordered as part of your divorce.
If there are no children, the process in very streamlined. Since you and your spouse are in agreement, there is nothing for the court to decide. Learn more about divorce hearings in Hawaii
There is no mandatory waiting period in Hawaii.
Yes. 3StepDivorce™ includes a protocol for the wife to take back her former or birth name as part of the filing. It is easier to effect a name change during the divorce rather than after the divorce is finalized. Read more about a name change during a divorce in Hawaii.
Separate and marital property and debt is identified and addressed in your 3StepDivorce™ account. A series of questions itemizes property and debt, dividing and allocating both according to what you and your spouse have agreed to. The answers become part of the divorce documents, so it is clear to you, your spouse and the court how assets and liabilities have been divided.
Yes. You answer a few questions dealing with individual retirement accounts. You have the option of waiving rights to each other's account(s), or dividing any marital portion of an account by a specific percentage or a dollar amount.
Once again, a few questions inside your account deal with the disposition of the marital home. All possible scenarios are covered -- sale, planned sale, transfer from one spouse to the other, and co-ownership.
A few questions in your account deal with temporary or permanent spousal support. Rights to spousal support may be waived, or a couple can agree to a specific amount for a set period of time. These questions define and limit the parameters of the desired spousal support, which often terminates upon remarriage or cohabitation.
Hawaii requires that a support order be put in place for all minor children.
3StepDivorce™ provides the Hawaii Child Support Guideline Worksheet, so you can easily calculate the state's recommendation for monthly support, but you have the option of taking these recommendations under advisement. The courts realize that you and your spouse know your situation better than they do, so they may approve any reasonable support amount, even if it is different from the one on the state worksheet.
We provide Hawaii Child Support Worksheets inside your account. These worksheets make it very easy to calculate a monthly support amount. The support calculation is based on a number of variables, but the primary one is income.
Once you have calculated the amount, you and your spouse decide if you want to deviate from it and the reasons for doing so.
Yes. Once you and your spouse agree to a monthly child support amount, a judge reviews your decision. He or she will accept it if it seems reasonable. However, if it seems too high or too low, the judge will want an explanation why the two of you came to amount so much at variance from the state guidelines. Your explanation and reasons for it determine whether or not the judge accepts your proposed child support amount.
Hawaii, in addition to applying the Percentage of Income Formula to calculate support, also considers the following factors: 1) financial resources of the parties; 2) the ability of the party seeking support and maintenance to meet his or her needs independently; 3) the length of the marriage; 4) the standard of living during the marriage; 5) the age of the parents; 6) the physical and emotional condition of the parties; 7) the usual occupation of the parties during the marriage; 8) the vocational skills and employability of the party seeking support and maintenance; 9) "other factors which measure the financial condition" of the parties.
Yes. Child support can be modified based on a change in circumstances. In Hawaii, a change in circumstances means "a significant change in circumstances," generally, changes "not considered when the original judgment was entered" that are "permanent and substantial" and/or "affect one's current standard of living."
Yes. Child custody arrangements can be modified when, for example, they break down because of the conduct of one of the former spouses.
Yes. The terms and conditions of both sole and joint/shared custody are defined by you and your spouse.
Yes. You can either use a standard schedule that we provide in your account, or you can use our option to customize your own.
Yes. Some of the divorce papers need to be notarized. The step-by-step filing instructions explain who signs what and whether a particular document needs to be notarized. The documents requiring notarization contain notary clauses below individual signature lines.
No. If desired, each of you may sign and/or notarize a document at a different time and/or place.
As mentioned, very frequently spouses sign and notarize the documents at different times and places because they live apart in different states. This happens often, for example, when one of them has moved or is in the military.
In Hawaii, the divorce papers are filed in the Family Court, which is the local county courthouse and which accepts the divorce filing. The divorce documents are submitted to the Clerk of the Courts. You pay a filing fee, and the clerk assigns the case a case number.
In Hawaii, the fees vary by county. Roughly the fees range from $100 to $225, depending upon the case. If you want to know the exact amount, you can call the courthouse and ask.
Filing fees underwrite the cost of the court system, but in the case of indigent petitioners these fees may be waived.
Normally, an indigent petitioner completes a very short form at the time of filing. This form asks the court to waive the fees because of financial hardship.
Yes. If you have signed up but not filed any divorce papers, then nothing must be done. If you have initiated the action by filing the Complaint for Divorce, your case can be dismissed by petitioning the court to do so. Normally, this can only be done by the filing spouse and must be done in writing.
Often the clerk of the court can help a person remove a case from the court docket.
The Hawaii 3StepDivorce™ includes the following documents:
- Hawaii Filing Instructions
- Matrimonial Action Information Sheet
- Complaint for Divorce
- Marital Settlement Agreement
- Schedule for Visitation/Parenting Time of Minor Children
- Supplemental Affidavit Re: Direct Payment of Child Support
- Simplified Child Support Guidelines Worksheet
- Simplified Child Support Calculation Table
- Child Support Guidelines Worksheet for Joint Custody/Extensive
- Child Support Exceptional Circumstances Form
- Child Support Guidelines-Income Table
- Notice to Attend Kids First (example only-should be obtained from the clerk)
- Income and Expenses Statement (Plaintiff)
- Income and Expenses Statement (Defendant)
- Affidavit of Plaintiff
- Appearance and Waiver
- Decree of Divorce
3StepDivorce TM is a premium online divorce solution, a sister company of Divorce Source, the owner and operator of the Divorce Source Network, the web's largest and most visited online divorce resource since 1997.
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